Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter A - General Provisions › Section I-9701 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Abuse
-the willful infliction of injury
						or the causing of the deterioration of a resident by means including, but not
						limited to, physical, verbal, emotional, psychological, sexual abuse,
						exploitation, or extortion of funds or other things of value to such an extent
						that the residents health, moral, or emotional well-being is endangered.
1. The determination of abuse shall not be
					 mitigated by a residents age, ability to comprehend or disability. Abuse
					 determination shall be based on the reasonable person concept.
Administrator
-any individual who is or
						may be charged with the general administration of a nursing facility and who
						has been licensed and registered by the Board of Examiners of Nursing Home
						Administrators in accordance with the provisions of
Louisiana Revised
						Statute
37:2501.
Advanced Practice Registered Nurse
						(APRN)
-a licensed registered nurse who is certified by a nationally
						recognized certifying body as having an advanced nursing specialty and who
						meets the criteria for an advanced practice registered nurse as established by
						the Louisiana State Board of Nursing. An advanced practice registered nurse
						shall include:
1. certified nurse
					 midwife;
2. certified registered
					 nurse anesthetist;
3. clinical nurse
					 specialist; or
4. nurse
					 practitioner.
Alzheimer's Special Care Unit
-any
						nursing facility as defined in
						R.S.
						40:2009.2, that segregates or provides a
						special program or special unit for residents with a diagnosis of probable
						Alzheimer's disease or related disorder so as to prevent or limit access by a
						resident to areas outside the designated or separated area, or that advertises,
						markets, or otherwise promotes the nursing facility as providing specialized
						Alzheimer/dementia care services.
Ancillary Service
-a service such as, but
						not limited to:
1. podiatry;
2. dental;
3. audiology;
4. vision;
5. physical therapy;
6. speech pathology;
7. occupational therapy
8. psychological; and
9. social services.
Applicant
-the legal entity that applies
						for the license to open, conduct, manage or maintain a nursing facility.
Biological
-a preparation used in the
						treatment or prevention of disease that is derived from living organisms or
						their by-product.
Change of Information (CHOI)
-any change
						in facility information required by regulation or statute to be submitted to
						the department that does not change the ownership structure and/or respective
						ownership interests held by stakeholders of the current legal entity.
Change of Ownership (CHOW)
-any change in
						the legal entity responsible for the operation of the nursing facility.
						Management agreements are generally not changes of ownership if the former
						owner continues to retain policy responsibility and approve or concur in
						decisions involving the nursing facility's operation. However, if these
						ultimate legal responsibilities, authorities and liabilities are surrendered
						and transferred from the former owner to the new manager, then a change of
						ownership has occurred. Examples of actions that constitute a change of
						ownership include, but are not limited to:
1.
unincorporated sole
					 proprietorship
-
transfer of title and property of another
					 party constitutes change of ownership;
2.
corporation
-the merger of
					 the providers corporation into another corporation, or the consolidation of two
					 or more corporations, resulting in the creation of a new corporation,
					 constitutes change of ownership:
a. transfer
					 of corporate stock or the merger of another corporation into the provider
					 corporation does not constitute a change of ownership. Admission of a new
					 member to a nonprofit corporation is not a change of
					 ownership;