Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5003 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Accredited
- the process of review and
						acceptance by an accreditation body such as the Joint Commission on
						Accreditation of Healthcare Organizations (JCAHO), the Commission on
						Accreditation of Rehabilitation Facilities (CARF) or Council on Accreditation
						(COA).
Activities of Daily Living (ADLs)
- the
						functions or basic self-care tasks which are performed by an individual in a
						typical day, either independently or with supervision/assistance. Activities of
						daily living may include, but are not limited to, bathing, dressing, eating,
						grooming, walking, transferring and/or toileting.
Adult Day Care Services-
structured and
						comprehensive services provided in a group setting that are designed to meet
						the individual needs of adults with functional impairments. This program
						provides a variety of health, social and related support services in a
						protective setting for a portion of a 24-hour day.
Assistance with Activities of Daily
						Living
- services that provide assistance with activities of daily
						living. Such assistance may be the actual performance of the tasks for the
						individual, hands-on assistance with the performance of the tasks, or
						supervision and prompting to allow the individual to self-perform such
						tasks.
Branch
- an office from which in-home
						services such as personal care attendant (PCA), supervised independent living
						(SIL) and respite are provided within the same LDH region served by the parent
						agency The branch office shares administration and supervision.
Cessation of Business
- provider is
						non-operational and/or has stopped offering or providing services to the
						community
Change in Health Status
- a significant
						decline in the client's health that will not normally resolve itself without
						further assessment and/or intervention by staff or licensed medical
						practitioners.
Client
-an individual who is receiving
						services from a home and community-based service provider.
Department
- the Louisiana Department of
						Health (LDH) or any of its sections, bureaus, offices or its contracted
						designee.
DHH Region
- Repealed.
Developmental Disability
-
a severe, chronic condition as defined in the Developmental
						Disabilities Law of 2005, R.S. 28:451.l-455.2.
Employed
- performance of a job or task
						for compensation, such as wages or a salary. An employed person may be one who
						is contracted or one who is hired for a staff position.
Family Support Services
- advocacy
						services, family counseling, including genetic counseling, family subsidy
						programs, parent-to-parent outreach, legal assistance, income maintenance,
						parent training, homemaker services, minor home renovations, marriage and
						family education, and other related programs.
Geographic Location
- the LDH region in
						which the primary business location of the provider agency operates
						from.
Health Standards Section (HSS)
- the
						licensing and certification section of the Department of Health.
Home and Community-Based Service
						Provider
-an agency, institution, society, corporation, person(s) or
						any other group licensed by the department to provide one or more home and
						community-based services as defined in
						R.S.
						40:2120.2 or these licensing
						provisions.
Incident
-a death, serious illness,
						allegation of abuse, neglect or exploitation or an event involving law
						enforcement or behavioral event which causes serious injury to the client or
						others.
Individual Service Plan
- a service
						plan, person centered and developed for each client, that is based on a
						comprehensive assessment which identifies the individuals strengths and needs
						in order to establish goals and objectives so that outcomes to service delivery
						can be measured.
NOTE: For those client's receiving Medicaid reimbursed
						home and community-based services, a comprehensive plan of care prepared in
						accordance with policies and procedures established by Medicaid or by an LDH
						program office for reimbursement purposes may be substituted or used for the
						individual service plan.
Individuals with Disabilities Education Act
						(IDEA)
- the law ensuring services to children with disabilities
						through the U.S. Department of Education which may include vocational
						training.
Instrumental Activities of Daily Living
						(IADLs)
- the functions or tasks that are not necessary for fundamental
						functioning but assist an individual to be able to live in a community setting.
						These are activities such as light housekeeping, food preparation and storage,
						grocery shopping, laundry, reminders to take medication, scheduling medical
						appointments, arranging transportation to medical appointments and assistance
						attending medical appointments if needed.
LDH Region
- the geographic
						administrative regions designated by the Department of Health.
Line of Credit
- a credit arrangement
						with a federally insured, licensed lending institution which is established to
						assure that the provider has available funds as needed to continue the
						operations of the agency and the provision of services to client's. The line of
						credit shall be issued to the licensed entity and shall be specific to the
						geographic location shown on the license. For purposes of HCBS licensure, the
						line of credit shall not be a loan, credit card or a bank balance.
Mental Abuse
- includes, but is not
						limited to abuse that is facilitated or caused by taking or using photographs
						or recordings in any manner that would demean or humiliate a client using any
						type of equipment (e.g., cameras, smart phones, and other electronic devices)
						and/or keeping or distributing them through multimedia messages or on social
						media sites.
1. Mental abuse may occur through either verbal or
						nonverbal conduct which causes or has the potential to cause the client to
						experience humiliation, intimidation, fear, shame, agitation, or degradation,
						regardless of whether the client provided consent and regardless of the
						client's cognitive status. This may include, but is not limited to:
a. photographs and recordings of client's that contain
						nudity;
b. sexual and intimate relations;
c. bathing, showering or toileting;
d. providing perineal care such as after an incontinence
						episode;
e. agitating a client to solicit a response;
f. derogatory statements directed to the resident;
g. showing a body part without the client's face, whether
						it is the chest, limbs or back;
h. labeling a client's pictures and/or providing comments
						in a demeaning manner;
i. directing a client to use inappropriate language;
						and/or
j. showing a client in a compromised position.
Monitored In-Home Caregiving
-services
						provided by a principal caregiver to a client who lives in a private unlicensed
						residence. The principal caregiver shall reside with the client, and shall be
						contracted by the licensed HCBS provider having a MIHC service module.
Non-Operational
- the HCBS provider
						location is not open for business operation on designated days and hours as
						stated on the licensing application and business location signage.
Personal Care Attendant Services
-
						services required for a person with a disability to become physically
						independent to maintain physical function or to remain in, or return to, the
						community.
Respite Care
- an intermittent service
						designed to provide temporary relief to unpaid, informal caregivers of the
						elderly and/or persons with disabilities.
Satellite
- an alternate location from
						which center-based respite or adult day care services are provided within the
						same LDH region served by the parent agency. The satellite office shares
						administration and supervision.
Service Area
- the LDH administrative
						region in which the provider's geographic business location is located and for
						which the license is issued.
Sitter Services
-
1. services provided by a person who:
a. spends time with an individual;
b. accompanies such individual on trips and
						outings;
c. prepares and delivers meals to such individual;
						or
d. provides housekeeping services.
2. Any person who provides sitter services shall not
						provide hands-on personal care attendant service with respect to ADLs to the
						individual.
Sub-License
- any satellite or branch
						office operating at a different physical geographic address.
Substitute Family Care Caregiver
-a
						single or dual parent family living in a home setting which has been certified
						through a home study assessment as adequate and appropriate to provide care to
						the client by the SFC provider. At least one family member will be designated
						as a principal SFC caregiver.
Substitute Family Care Services
-provide
						24-hour personal care, supportive services and supervision to adults who meet
						the criteria for having a developmental disability.
Supervised Independent Living via a Shared
						Living Conversion Model
-a home and community-based shared living model
						for up to six persons, chosen by clients of the Residential Options Waiver
						(ROW), or any successor waiver, as their living option.
Supervised Independent Living Services
- necessary training, social skills and medical services to enable a
						person who has mental illness or a developmental disability, and who is living
						in congregate, individual homes or individual apartments, to live as
						independently as possible in the community.
Supported Employment
-
a system of supports for people with disabilities in regards to
						ongoing employment in integrated settings. Supported employment can provide
						assistance in a variety of areas including:
1. job development;
2. job coaches;
3. job retention;
4. transportation;
5. assistive technology;
6. specialized job training; and
7. individually tailored supervision.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2120.2.