reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter B - Licensing Procedures › Section I-5217 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. License
					 Renewal Application. A PDHC facility must submit a completed license renewal
					 application packet to the department at least 30 days prior to the expiration
					 of the existing current license. The license renewal application packet shall
					 include:
1. the license renewal
					 application;
2. the days and hours
					 of operation;
3. a copy of the
					 current on-site inspection report with approval for occupancy from the:
a. Office of the State Fire Marshal;
					 and
b. Office of Public
					 Health;
4. proof of
					 financial viability, comprised of the following:
a. a line of credit issued from a federally
					 insured, licensed lending institution in the amount of at least
					 $100,000;
b. general and
					 professional liability insurance of at least $300,000; and
c. worker's compensation insurance;
5. the license renewal fee;
					 and
6. any other documentation
					 required by the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter B - Licensing Procedures › Section I-5219 - Denial of License, Revocation of License, Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
					 with the provisions of the Administrative Procedure Act, the department may:
1. deny an application for a
					 license;
2. deny a license renewal;
					 or
3. revoke a license.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter B - Licensing Procedures › Section I-5221 - Notice and Appeal of License Denial, License Revocation and License Non-Renewal and Appeal of Provisional License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of a license denial, license
					 revocation or license non-renewal shall be given to the provider in
					 writing.
B. The PDHC facility has a
					 right to an informal reconsideration of the license denial, license revocation,
					 or license non-renewal. There is no right to an informal reconsideration of a
					 voluntary non-renewal or surrender of a license by the provider.
1. The PDHC facility must request the
					 informal reconsideration within 10 calendar days of the receipt of the notice
					 of the license denial, license revocation, or license non-renewal. The request
					 for informal reconsideration must be in writing and shall be forwarded to the
					 DHH Health Standards Section.
2.
					 The request for informal reconsideration must include any documentation that
					 demonstrates that the determination was made in error.
3. If a timely request for an informal
					 reconsideration is received by the Health Standards Section, an informal
					 reconsideration shall be scheduled and the facility shall receive written
					 notification of the date of the informal reconsideration.
4. The facility shall have the right to
					 appear in person at the informal reconsideration and may be represented by
					 counsel.
5. Correction of a
					 violation or deficiency which is the basis for the denial, revocation or
					 non-renewal, shall not be a basis for reconsideration.
6. The informal reconsideration process is
					 not in lieu of the administrative appeals process.
7. The facility shall be notified in writing
					 of the results of the informal reconsideration.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter B - Licensing Procedures › Section I-5225 - Statement of Deficiencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 following statements of deficiencies issued by the department to the PDHC
					 facility shall be posted in a conspicuous place on the licensed premises:
1. the most recent annual survey statement of
					 deficiencies; and
2. any subsequent
					 complaint survey statement of deficiencies.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter C - Administration and Organization › Section I-5231 - Facility Administration and Management

Current through Register Vol. 50, No. 6, June 20, 2024
A. The licensee of each PDHC facility shall
					 have full legal authority and responsibility for the operation of the
					 facility.
B. Each PDHC facility
					 shall be organized in accordance with a written table of organization which
					 describes the lines of authority and communication from the administrative
					 level to the child care level. The organizational structure shall be designed
					 to ensure an integrated continuum of services to the children.
C. The licensee of each facility shall
					 designate one person as administrator who is responsible and accountable for
					 the overall management and supervision of the PDHC facility.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2193-40:2193.4.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter C - Administration and Organization › Section I-5233 - Policy and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The PDHC
					 facility through collaboration by the medical director, administrator, and
					 director of nursing shall develop, implement and maintain written policies and
					 procedures governing all child care and related medical or other services
					 provided. to participants. The child care policies and procedures shall ensure
					 compliance with these licensing standards.
B. All child care policies and procedures
					 shall be reviewed at least annually and revised as needed.
C. Child care policies and procedures shall
					 address the prevention, reporting, and investigation of abuse and neglect. All
					 facility staff shall immediately report any suspected abuse and/or neglect of a
					 child in accordance with state law.
D. The facility's written policy on
					 prevention, reporting, and investigation of abuse and neglect, as well as the
					 local child protection agency's telephone number, shall be posted in the
					 facility in a conspicuous location.
E. The PDHC facility shall develop and
					 implement a grievance policy and procedures. The grievance policy shall be used
					 to process complaints by the child or parent.
1. The child or parent shall be entitled to
					 initiate a grievance at any time.
2. The child and/or parent shall be informed
					 of and provided a written copy of the grievance policy of the PDHC facility
					 upon acceptance to the facility.
3.
					 The administrator of the facility or his designee shall investigate all
					 grievances and shall make reasonable attempts to address the
					 grievance(s).
4. The administrator
					 or his designee shall issue a written report or decision to the child and/or
					 parent within five business days of receipt of the grievance. The written
					 report shall contain:
a. the findings of the
					 investigation;
b. resolution of the
					 investigation; and
c. the address
					 and contact number of the licensing section of the department to which a
					 complaint may be filed.
5. The facility shall prominently post the
					 grievance procedure in an area accessible to the child and family.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter D - Participation Requirements › Section I-5237 - Acceptance Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each PDHC
					 facility shall have written policies and procedures governing the acceptance
					 and participation of children in their pediatric day health care
					 program.
B. Infants or children
					 shall be considered for acceptance to the facility if they have been diagnosed
					 with a medically complex condition(s) which is characterized by multiple
					 significant medical problems that require extended care (i.e., medically
					 fragile).
1. For purposes of these
					 provisions, medically fragile conditions include, but are not limited to:
a. severe lung disease requiring
					 oxygen;
b. severe lung disease
					 requiring ventilator or tracheotomy care;
c. complicated spinabifida;
d. heart disease;
e. malignancy;
f. asthmatic exacerbations;
g. cystic fibrosis exacerbations;
h.  neuromuscular disease;
i. encephalopathy; and.
j. seizure disorders
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter D - Participation Requirements › Section I-5239 - Plan of Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each child that
					 has been accepted to a facility and participates in a PDHC program shall have a
					 plan of care developed to assure that the child receives appropriate services.
					 Development of the plan of care shall begin within 72 hours of receipt of the
					 referral to allow sufficient time for implementation of the plan upon placement
					 in the facility.
B. The plan of
					 care shall be developed under the direction of the facility's nursing director
					 and shall:
1. be individualized to address
					 the child's problems, goals, and required services including, but not limited
					 to medical, nursing, psychosocial, therapy, dietary, and educational
					 services;
2. ensure that the
					 child's developmental needs are addressed;
a.
					 the PDHC facility shall consider developmentally appropriate learning and play
					 experiences as well as social interaction with other children;
3. identify specific goals for
					 care;
a. plans for achieving the goals shall
					 be determined and a schedule for evaluation of progress shall be established;
					 and
4. contain specific
					 criteria for transitioning from or discontinuing participation in pediatric day
					 health care with the facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter D - Participation Requirements › Section I-5241 - Participant Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 parent(s) of a child who participates in PDHC services shall, prior to or upon
					 acceptance, receive a written statement of the services provided by the
					 facility.
B. Before care is
					 initiated, the child and or the parent have the right to be advised in writing
					 of his/her liability for payment for services rendered by the PDHC
					 facility.
C. Each child that
					 participates in PDHC facility services shall:
1. be treated with consideration, respect,
					 and full recognition of his or her dignity and individuality;
2. receive care, treatment, and services in
					 accordance with their plan of care;
3. have the right to privacy regarding
					 medical treatment and medical records; and
a.
					 personal and medical records shall be treated confidentially in compliance with
					 federal and state laws, rules and regulations;
4. be free from mental and physical
					 abuse.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter E - Pediatric Day Health Care Services › Section I-5245 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. During
					 the delivery of services, child care goals and interventions shall be
					 coordinated in conjunction with providers and caregivers to ensure appropriate
					 continuity of care from acceptance to the PDHC facility until the child's
					 participation ends.
B. The facility
					 shall maintain a system of communication and integration of services, whether
					 provided directly or under arrangement, that ensures:
1. identification of the child's needs and
					 barriers to care;
2. ongoing
					 coordination of all disciplines providing care; and
3. contact with the physician regarding any
					 relevant medical issues.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter E - Pediatric Day Health Care Services › Section I-5247 - Developmental and Educational Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the PDHC facility provides services for
					 which a school district is responsible, the PDHC facility may enter into a
					 Memorandum of Understanding (MOU) with the school district.
B. For any child enrolled in the early
					 intervention program (EarlySteps) or the local school districts program under
					 the Individuals with Disabilities Act, the PDHC facility shall adhere to the
					 following.
1. In the development of the plan
					 of care, the PDHC facility shall consider the components of the individualized
					 family services plan for children under 3 years old or the individualized
					 education program for children from 3 years old through 21 years old.
2. The PDHC facility shall not duplicate
					 services already provided through the early intervention program or the local
					 school district. EarlySteps services cannot be provided in the PDHC unless
					 specifically approved in writing by the DHH EarlySteps Program. Medicaid waiver
					 services cannot be provided in the PDHC unless specifically approved in writing
					 by the Medicaid waiver program. The PDHC shall maintain a copy of such written
					 approval in the childs medical record.
3. Upon request by the early intervention
					 program or the local school district, the PDHC facility shall make available
					 any records necessary to develop, review or revise an individualized family
					 service plan or individualized education plan.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter E - Pediatric Day Health Care Services › Section I-5249 - Medication Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 medications administered to children in the PDHC facility shall be ordered in
					 writing by the child's prescribing physician or by a specialty physician after
					 consultation and coordination with the PDHC facility. This includes, but is not
					 limited to:
1. over the counter
					 medications;
2. oral electrolyte
					 solutions (Pedialyte, Pedia Vance or similar products); and
3. oxygen.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter E - Pediatric Day Health Care Services › Section I-5251 - Nutritional Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 shall ensure that if dietary services are ordered in the child's plan of care,
					 the services shall be provided by a Louisiana licensed registered dietician.
					 The registered dietician shall be available regarding the nutritional needs,
					 the special diets of individual children, and to assist in the development of
					 policies and procedures for the handling, serving, and storage of
					 food.
B. Meals shall be provided on
					 an as needed or prescribed basis. The facility shall incorporate appropriate
					 nutritional services into the child's plan of care as prescribed by the
					 physician and in collaboration with the child and parents to ensure appropriate
					 formula, foods, utensils, equipment, and supplies are readily available.
					 Therapeutic diet orders shall be maintained in the child's file.
C. A minimum of one meal and appropriate
					 snacks and beverages shall be provided as prescribed in the plan of care. The
					 meals and snacks shall be age appropriate.
1.
					 If the plan of care requires more frequent meals or nutrition, the PDHC
					 facility shall provide these services while the child is at the PDHC facility.
					 The PDHC facility shall coordinate with the child and family to ensure that
					 nutritional supplies and formula used by the child are available at the PDHC
					 facility without duplication.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter E - Pediatric Day Health Care Services › Section I-5253 - Social Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 shall provide directly or through contract or arrangement the social services
					 as ordered by the prescribing physician or medical director. Social services
					 shall be provided in accordance with the Louisiana State Board of Social Work
					 Examiners requirements.
B. The
					 facility shall ensure that if social services are ordered in the child's plan
					 of care, the care or services shall be rendered by a social worker.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2193-40:2193.4.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter E - Pediatric Day Health Care Services › Section I-5255 - Therapy Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 shall provide directly or through contract or arrangement the therapies as
					 ordered by the prescribing physician or medical director. Therapies and
					 services shall be provided in accordance with applicable State Boards'
					 requirements and the child's plan of care if so ordered.
B. Occupational Therapy. The facility shall
					 ensure that occupational therapy services are provided by:
1. an individual authorized by the Louisiana
					 State Board of Medical Examiners (LSBME); or
2. a certified occupational therapy assistant
					 in accordance with the LSBME's requirements.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter E - Pediatric Day Health Care Services › Section I-5257 - Transportation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The PDHC
					 facility shall provide or arrange transportation of children to and from the
					 facility; however, no child, regardless of his/her region of origin, may be in
					 transport for more than one hour on any single trip. The PDHC facility is
					 responsible for the safety of the children during transport. The family may
					 choose to provide their own transportation.
B. Whether transportation is provided by the
					 facility on a daily basis or as needed, the general regulations under this
					 Section shall apply.
C. If the PDHC
					 facility provides transportation for children, the PDHC facility shall maintain
					 in force at all times current commercial liability insurance for the operation
					 of PDHC facility vehicles, including medical coverage for children in the event
					 of accident or injury.
1. This policy shall
					 extend coverage to any staff member who provides transportation for any child
					 in the course and scope of his/her employment.
2. The PDHC facility shall maintain
					 documentation that consists of the insurance policy or current binder that
					 includes the name of the PDHC facility, the name of the insurance company,
					 policy number, and period of coverage and explanation of coverage.
3. DHH Health Standards shall specifically be
					 identified as the certificate holder on the policy and any certificate of
					 insurance issued as proof of insurance by the insurer or producer (agent). The
					 policy must have a cancellation/change statement requiring notification of the
certificate holder 30 days prior to any cancellation or
						change of coverage.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter F - Facility Responsibilities › Section I-5263 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A PDHC
					 facility shall employ a sufficient number of qualified staff and delegate
					 sufficient authority to such staff to ensure that the facility's
					 responsibilities are carried out and that the following functions are
					 adequately performed:
1. administrative
					 functions;
2. fiscal
					 functions;
3. clerical
					 functions;
4. housekeeping,
					 maintenance and food service functions;
5. direct service functions;
6. supervisory functions;
7. record-keeping and reporting
					 functions;
8. social services
					 functions; and
9. ancillary service
					 functions.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter F - Facility Responsibilities › Section I-5265 - Staffing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Administrator. The facility administrator shall be a full time employee of the
					 PDHC facility and shall designate in writing a person to be responsible for the
					 facility when he/she is absent from the facility for more than 24 hours. This
					 person is known as the administrator's designee.
1. Qualifications. The administrator and
					 administator's designee shall have three years of experience in the delivery of
					 health care services and meet one of the following criteria:
a. be a physician currently licensed in
					 Lousiana;
b. be a registered nurse
					 currently licensed in Louisiana;
c.
					 be a college graduate with a bachelors degree; or
d. have an associate's degree, with one
					 additional year of documented management experience.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter F - Facility Responsibilities › Section I-5267 - Orientation, Staff Development and Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each PDHC facility shall develop staff and
					 parent orientation and training programs.
B. The PDHC facility shall maintain
					 documentation of orientation and training of each new employee. The orientation
					 shall include, but is not limited to the PDHC facility's:
1. philosophy;
2. organization;
3. practices, policies and
					 procedures;
4. ethics and
					 confidentiality;
5. record
					 keeping;
6. information related to
					 child development; and
7.
					 goals.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter F - Facility Responsibilities › Section I-5269 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. Medical
					 Records. A medical record shall be developed at the time the child is accepted
					 at the PDHC facility and maintained throughout the facility's care of the
					 child.
1. The record shall be signed by
					 authorized personnel and shall contain at least the following documents:
a. a medical plan of treatment and a nursing
					 plan of care;
b. the referral and
					 admission documents concerning the child;
c. physician orders;
d. medical history, including allergies and
					 special precautions;
e.
					 documentation of immunizations;
f.
					 medication/treatment administration record;
g. concise, accurate information and
					 initialed case notes reflecting progress toward achievement of care goals or
					 reasons for lack of progress;
h.
					 documentation of nutritional management and therapeutic diets, as
					 appropriate;
i. documentation of
					 physical, occupational, speech and other special therapies;
j. correspondence and other documents
					 concerning the child;
k. an order
					 written by the prescribing physician if the child terminates services with the
					 facility, if applicable; and
l. a
					 summary, including the reason why the child is terminating services with the
					 facility, if applicable.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter F - Facility Responsibilities › Section I-5271 - Infection Control

Current through Register Vol. 50, No. 6, June 20, 2024
A. The PDHC
					 facility, at the minimum, shall meet the following infection control
					 requirements.
1. The PDHC facility shall have
					 an isolation room with a glass area for observation of the child.
2. Isolation procedures shall be used to
					 prevent cross-infections.
3. All
					 cribs and beds shall be labeled with the child's name. Linens shall be removed
					 from the crib for laundering purposes only.
4. Bed linens shall be changed when soiled
					 and as necessary, but not less than twice weekly.
5. Antimicrobial soap and disposable paper
					 towels shall be at each sink.
6. To
					 prevent the spread of infection from one child to another, staff shall wash
					 their hands using appropriate hand washing techniques or use antibacterial
					 agents after direct contact with each child,.
7. Children suspected of having a
					 communicable disease, which may be transmitted through casual contact, as
					 determined by the facility's medical director in consultation with the
					 prescribing physician or other specialist, shall be isolated. The following
					 actions must be taken:
a. the parents shall
					 be notified of the condition immediately;
b. the child shall be removed from the PDHC
					 facility as soon as possible; and
c. when the communicable disease is no longer
					 present, as evidenced by a written physician's statement, the child may return
					 to the PDHC facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter F - Facility Responsibilities › Section I-5273 - Quality Assurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. All PDHC
					 facilities shall have a quality assurance program and shall conduct quarterly
					 reviews of the facility's medical records for at least a fourth of the children
					 served by the PDHC facility at the time of the quality assurance review. The
					 quarterly review sample shall be randomly selected so each child served at the
					 center has an equal opportunity to be included in the review.
B. Each facility shall establish a quality
					 assurance committee comprised of the following members:
1. the medical director;
2. the administrator;
3. the director of nursing; and
4. three other committee members as
					 determined by each PDHC facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter G - Safety and Emergency Preparedness › Section I-5279 - Safety and Emergency Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 All PDHC facilities shall conform to state standards prepared by the Office of
					 State Fire Marshal (OFSM), and shall be inspected annually by OFSM. A copy of
					 the current annual fire inspection report shall be on file at the facility.
					 Documentation of a satisfactory fire safety inspection shall be provided at the
					 time of the licensee's annual licenese renewal.
B. A working telephone capable of incoming
					 and outgoing calls shall be available at all times in the PDHC facility. Coin
					 operated telephones or cellular telephones are not acceptable for this purpose.
					 If the PDHC has multiple buildings, such a working telephone shall be located
					 in each of the buildings.
C.
					 Emergency telephone numbers shall be posted on or in the immediate vicinity of
					 all telephones. Fire, police, medical facility and poison control shall be
					 posted on or near each telephone.
D. The PDHC facility's address shall be
					 posted with the emergency numbers.
E. Emergency transportation shall be provided
					 by a licensed emergency medical services provider. If emergency transportation
					 is necessary, the PDHC facility shall immediately notify the parents. If the
					 parents are not able to be contacted, the PDHC facility shall send a staff
					 member to meet the child at the hospital.
1.
					 The PDHC facility shall provide a transfer form to the emergency transportation
					 provider.
2. The transfer form
					 shall include:
a. the child's name and
					 age;
b. contact information for the
					 family;
c. the prescribing
					 physician's name and contact information;
d. the PDHC facility's name and contact
					 information; and
e. the child's
					 diagnoses, allergies, and medications.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter G - Safety and Emergency Preparedness › Section I-5281 - Emergency Preparedness

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 disaster or emergency is a man-made or natural event or occurrence which causes
					 harm or damage, or has the potential to cause harm or damage. A disaster or
					 emergency may be local, community-wide, regional or statewide. Disasters or
					 emergencies include, but are not limited to:
1. tornados;
2. fires;
3. floods;
4. hurricanes;
5. power outages;
6. chemical spills;
7. biohazards;
8. train wrecks; or
9. health crisis.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter H - Physical Environment › Section I-5285 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 standards in this Subchapter I shall apply to newly constructed PDHC facilities
					 and alterations, additions, or renovations to an existing PDHC facility and to
					 an existing building to create a PDHC facility.
B. Plan Review
1. A PDHC facility must submit architectural
					 plans and specifications to the department's Division of Engineering and
					 Architectural Services and any other documents as the division so
					 requires.
2. A PDHC facility must
					 also submit plans and specifications to the Office of the State Fire Marshal,
					 and any other documents as the OSFM requires.
3. Plans and specifications must be prepared
					 by or under the direction of a licensed architect or qualified engineer and
					 shall include scaled architectural plans stamped by an architect.
4. Approval of such plans by the DHH Division
					 of Engineering and Architectural Services and the OSFM shall be submitted to
					 the Health Standards Section with all new applications for a PDHC facility or
					 with any alterations, additions, or renovations to an existing PDHC facility or
					 to an existing building that will be used to create a new PDHC
					 facility.
5. All PDHC facilities
					 shall comply with the rules, sanitary code and enforcement policies as
					 promulgated by the Office of Public Health. It shall be the primary
					 responsibility of the OPH to determine if applicants are complying with those
					 requirements.
6. The PDHC facility
					 shall have approval for occupancy from the OPH and the OSFM which shall be
					 submitted to the Health Standards Section as part of the application packet. It
					 shall be the responsibility of the PDHC facility to contact the OPH and the
					 OSFM to schedule an onsite visit for each of these offices to verify and grant
					 approval of occupancy.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter A - General Provisions › Section I-5301 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
					 this Chapter is to:
1. provide for the
					 development, establishment, and enforcement of statewide licensing standards
					 for the care of patients and clients in level III crisis receiving centers
					 (CRCs);
2. ensure the maintenance
					 of these standards; and
3. regulate
					 conditions in these facilities through a program of licensure which shall
					 promote safe and adequate treatment of clients of behavioral health
					 facilities.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter B - Licensing › Section I-5309 - General Licensing Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 All entities providing crisis receiving services shall be licensed by LDH. It
					 shall be unlawful to operate as a CRC without a license issued by the
					 department. LDH is the only licensing authority for CRCs in
					 Louisiana.
B. A CRC license
					 authorizes the center to provide crisis receiving services.
C. The following entities are exempt from CRC
					 licensure under this Chapter, so long as they are providing CRC services to
					 existing clients:
1. community mental health
					 centers (CMHCs);
2.
					 hospitals;
3. nursing
					 homes;
4. psychiatric residential
					 treatment facilities;
5.
					 school-based health centers;
6.
					 therapeutic group homes;
7. home
					 and community based services (HCBS) waiver agencies limited to center-based
					 respite;
8. substance use/addictive
					 disorder facilities;
9. mental
					 health clinics as defined in §5603;
10. center-based respites;
11. MHEREs; and
12. federally qualified health care centers
					 (FQHCs).
13. Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter B - Licensing › Section I-5311 - Initial Licensure Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any entity, organization or person
					 interested in operating a crisis receiving center must submit a completed
					 initial license application packet to the department for approval. Initial CRC
					 licensure application packets are available from HSS.
B. A person/entity/organization applying for
					 an initial license must submit a completed initial licensing application packet
					 which shall include:
1. a completed CRC
					 licensure application;
2. the
					 non-refundable licensing fee as established by statute;
3. the approval letter of the architectural
					 center plans for the CRC from OSFM, if the center must go through plan
					 review;
4. the on-site inspection
					 report with approval for occupancy by the OSFM, if applicable;
5. the health inspection report from the
					 Office of Public Health (OPH);
6. a
					 statewide criminal background check, including sex offender registry status, on
					 all owners and managing employees;
7. except for governmental entities or
					 organizations, proof of financial viability, comprised of the following:
a. ...
b. general liability insurance of at least
					 $500,000 per occurrence;
c.
					 worker's compensation insurance in the amount as required by state
					 law;
d. professional liability
					 insurance of at least $100,000 per occurrence/$500,000 per annual aggregate, or
					 proof of self-insurance of at least $100,000, along with proof of enrollment as
					 a qualified health care provider with the Louisiana Patient's Compensation Fund
					 (PCF):
i. if the CRC is not enrolled in the
					 PCF, professional liability limits shall be $1,000,000 per
					 occurrence/$3,000,000 per annual aggregate; and
e. the LDH-HSS shall specifically be
					 identified as the certificate holder on any policies and any certificates of
					 insurance issued as proof of insurance by the insurer or producer
					 (agent);
8. an
					 organizational chart and names, including position titles, of key
					 administrative personnel and the governing body;
9. a legible floor sketch or drawing of the
					 premises to be licensed;
10. a
					 letter of intent indicating whether the center will serve minors or adults and
					 the center's maximum number of beds;
11. if operated by a corporate entity, such
					 as a corporation or an limited liability corporation (LLC), current proof of
					 registration and status with the Louisiana Secretary of State's
					 office;
12. a letter of
					 recommendation from the OBH regional office or its designee; and
13. any other documentation or information
					 required by the department for licensure.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter B - Licensing › Section I-5313 - Initial Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Prior to the initial license being issued, an initial licensing survey shall be
					 conducted on-site to ensure compliance with the licensing laws and
					 standards.
B. If the initial
					 licensing survey finds that the center is compliant with all licensing laws,
					 regulations and other required statutes, laws, ordinances, rules, regulations,
					 and fees, the department shall issue a full license to the center.
C. In the event that the initial licensing
					 survey finds that the center is noncompliant with any licensing laws or
					 regulations, or any other required rules or regulations, that present a
					 potential threat to the health, safety, or welfare of the clients, the
					 department shall deny the initial license.
D. In the event that the initial licensing
					 survey finds that the center is noncompliant with any licensing laws or
					 regulations, or any other required rules or regulations, and the department
					 determines that the noncompliance does not present a threat to the health,
					 safety or welfare of the clients, the department:
1. may issue a provisional initial license
					 for a period not to exceed six months; and
2. shall require the center to submit an
					 acceptable plan of correction.
a. The
					 department may conduct a follow-up survey following the initial licensing
					 survey after receipt of an acceptable plan of correction to ensure correction
					 of the deficiencies. If all deficiencies are corrected on the follow-up survey,
					 a full license will be issued.
b.
					 If the center fails to correct the deficiencies, the initial license may be
					 denied.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter B - Licensing › Section I-5315 - Types of Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department has the authority to issue the following types of licenses.
1. Initial License
a. The department shall issue a full license
					 to the CRC when the initial licensing survey indicates the center is compliant
					 with:
i. all licensing laws and
					 regulations;
ii. all other required
					 statutes, laws, ordinances, rules, regulations; and
iii. fees.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter B - Licensing › Section I-5317 - Changes in Licensee Information or Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within five days of the occurrence, the
					 CRC shall report in writing to HSS the following changes to the:
1. CRC's entity name;
2. business name;
3. mailing address; or
4. telephone number.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter B - Licensing › Section I-5319 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. A CRC
					 license expires on the expiration date listed on the license, unless timely
					 renewed by the CRC.
B. To renew a
					 license, the CRC shall submit a completed license renewal application packet to
					 the department at least 30 days prior to the expiration of the current license.
					 The license renewal application packet includes:
1. the license renewal application;
2. a current State Fire Marshal
					 report;
3. a current OPH inspection
					 report;
4. the non-refundable
					 license renewal fee;
5. any other
					 documentation required by the department; and
6. except for governmental entities or
					 organizations, proof of financial viability, comprised of the following:
a. a line of credit issued from a federally
					 insured, licensed lending institution in the amount of at least
					 $100,000;
b. general liability
					 insurance of at least $500,000 per occurrence;
c. worker's compensation insurance in the
					 amount as required by state law;
d.
					 professional liability insurance of at least $100,000 per occurrence/$500,000
					 per annual aggregate, or proof of self-insurance of at least $100,000, along
					 with proof of enrollment as a qualified health care provider with the Louisiana
					 Patient's Compensation Fund (PCF):
i. if the
					 CRC is not enrolled in the PCF, professional liability limits shall be
					 $1,000,000 per occurrence/$3,000,000 per annual aggregate; and
e. the LDH-HSS shall specifically
					 be identified as the certificate holder on any policies and any certificates of
					 insurance issued as proof of insurance by the insurer or producer
					 (agent).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter B - Licensing › Section I-5321 - Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department may conduct periodic licensing surveys and other surveys as deemed
					 necessary to ensure compliance with all laws, rules and regulations governing
					 crisis receiving centers and to ensure client health, safety and welfare. These
					 surveys may be conducted on-site or by administrative review and shall be
					 unannounced.
B. If deficiencies are
					 cited, the department may require the center to submit an acceptable plan of
					 correction.
C. The department may
					 conduct a follow-up survey following any survey in which deficiencies were
					 cited to ensure correction of the deficiencies.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and R.S.
						28:2180.14.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter B - Licensing › Section I-5323 - Complaint Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
					 R.S.
					 40:2009.13 et seq., the department has the
					 authority to conduct unannounced complaint surveys on crisis receiving
					 centers.
B. The department shall
					 issue a statement of deficiency to the center if it finds a deficiency during
					 the complaint survey.
C. Plan of
					 Correction
1. Once the department issues a
					 statement of deficiencies, the department may require the center to submit an
					 acceptable plan of correction.
2.
					 If the department determines that other action, such as license revocation, is
					 appropriate, the center:
a. may not be
					 required to submit a plan of correction; and
b. will be notified of such action.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter B - Licensing › Section I-5325 - Statement of Deficiencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The CRC
					 shall make any statement of deficiencies available to the public upon request
					 after the center submits a plan of correction that is accepted by the
					 department or 90 days after the statement of deficiencies is issued to the
					 center, whichever occurs first.
B.
					 Informal Reconsiderations
1. Unless otherwise
					 provided in statute or in this Chapter, a CRC has the right to an informal
					 reconsideration of any deficiencies cited as a result of a survey.
2. Correction of the violation, noncompliance
					 or deficiency shall not be the basis for the reconsideration.
3. The center's written request for informal
					 reconsideration must be received by HSS within 10 calendar days of the center's
					 receipt of the statement of deficiencies.
4. If a timely request for an informal
					 reconsideration is received, the department shall schedule and conduct the
					 informal reconsideration.
5. HSS
					 shall notify the center in writing of the results of the informal
					 reconsideration.
6. Except as
					 provided pursuant to
					 R.S.
					 40:2009.13 et seq., and as provided in this
					 Chapter:
a. the informal reconsideration
					 decision is the final administrative decision regarding the deficiencies;
					 and
b. there is no right to an
					 administrative appeal of such deficiencies.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 53 - Level III Crisis Receiving Centers › Subchapter B - Licensing › Section I-5327 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 provided in
					 §5407 and
					 §5409 of these licensing regulations, a license shall be immediately null
					 and void if a provider ceases to operate.
B. A cessation of business is deemed to be
					 effective the date on which the provider stopped offering or providing services
					 to the community.
C. Upon the
					 cessation of business, the provider shall immediately return the original
					 license to the department.
D.
					 Cessation of business is deemed to be a voluntary action on the part of the
					 provider. The provider does not have a right to appeal a cessation of
					 business.
E. A CRC that intends to
					 cease operations shall:
1. provide 30 days
					 advance written notice to HSS and the active client, or if applicable, the
					 client's parent(s), legal guardian, or designated representative; and
2. discharge and transition all clients in
					 accordance with this Chapter.