reglab/statecodes huggingface dataset:
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-9711 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. To renew a
					 license, a nursing facility shall submit a completed license renewal
					 application packet to the department at least 30 days prior to the expiration
					 of the current license. The licensure application packet shall include:
1. the license renewal application;
2. a copy of the current onsite inspection
					 report with approval of occupancy from OSFM and the Office of Public
					 Health;
3. the licensure renewal
					 fee; and
4. 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 97 - Nursing Facilities › Subchapter A - General Provisions › Section I-9713 - Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the
					 initial license being issued to the nursing facility, an initial licensing
					 survey shall be conducted on-site at the nursing facility to assure compliance
					 with licensing standards. The nursing facility shall not provide services to
					 any resident until the initial licensing survey has been performed and the
					 nursing facility found in compliance with the licensing standards. The initial
					 licensing survey shall be an announced survey.
B. Once an initial license has been issued,
					 the department may conduct licensing and other surveys at intervals deemed
					 necessary by the department to determine compliance with licensing standards
					 and regulations, as well as other required statutes, laws, ordinances, rules,
					 regulations and fees. These surveys shall be unannounced.
C. A follow-up survey may be conducted for
					 any survey where deficiencies have been cited to ensure correction of the
					 deficient practices. The department shall issue written notice to the provider
					 of the results of the follow-up survey.
D. An acceptable plan of correction shall be
					 required for any survey where deficiencies have been cited.
E. If deficiencies have been cited during a
					 licensing survey, the department may issue appropriate sanctions, including but
					 not limited to:
1. civil fines;
2. directed plans of correction;
3. denial of license renewal;
4. provisional licensure;
5. license revocation; or
6. any other sanctions or actions authorized
					 under state law or regulation.
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-9715 - Statement of Deficiencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice
					 to nursing facility of statement of deficiencies. When the department has
					 reasonable cause to believe through an on-site survey, a complaint
					 investigation, or other means that there exists or has existed a threat to the
					 health, safety, welfare or rights of a nursing facility resident, the
					 department shall give written notice of the deficiencies.
B. The survey team shall conduct an exit
					 conference and give the nursing facility administrator or his/her designee the
					 preliminary finding of fact and the possible deficiencies before leaving the
					 nursing facility.
C. The department
					 shall send confirmed written notice to the nursing facility
					 administrator.
D. The departments
					 written notice of deficiencies shall be consistent with the findings delineated
					 at the conference and shall:
1. specify the
					 deficiencies;
2. cite the legal
					 authority which established such deficiencies; and
3. inform the administrator that the nursing
					 facility has 10 calendar days from receipt of written notice within which to
					 request a reconsideration of the proposed agency action.
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-9717 - Initial License Denial, Revocation or Denial of Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
					 also may deny, suspend or revoke a license where there has been substantial
					 noncompliance with these requirements in accordance with
					 R.S.
					 40:2009.1 et seq., the nursing home licensing
					 law. If a license is denied, suspended, or revoked, an appeal may be
					 requested.
B. The department may
					 deny an application for a license, may deny a license renewal or may revoke a
					 license in accordance with the provisions of the Administrative Procedure
					 Act.
C. Denial of an Initial
					 License. The department may deny an initial license in the event that the
					 initial licensing survey finds that the nursing facility is noncompliant with
					 any licensing laws or regulations that present a potential threat to the
					 health, safety, or welfare of the residents.
1. The department shall deny an initial
					 license in the event that the initial licensing survey finds that the nursing
					 facility is noncompliant with any other required statutes, laws, ordinances,
					 rules or regulations that present a potential threat to the health, safety or
					 welfare of the residents.
2. The
					 department shall deny an initial license for any of the reasons in this Rule
					 that a license may be revoked or non-renewed.
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-9719 - Notice and Appeal of Initial License Denial, License Revocation and Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of an
					 initial license denial, license revocation or denial of license renewal shall
					 be given to the provider in writing.
B. The provider has a right to an informal
					 reconsideration of the initial license denial, license revocation, or denial of
					 license renewal. There is no right to an informal reconsideration of a
					 voluntary non-renewal or surrender of a license by the provider.
1. The providers request for informal
					 reconsideration shall be considered timely if received within 15 calendar days
					 of the notice of the initial license denial, license revocation, or denial of
					 license renewal. The request for informal reconsideration shall be in writing
					 and shall be forwarded to the departments Health Standards Section.
2. The request for informal reconsideration
					 shall 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 provider will
					 receive written notification.
4.
					 The provider 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 initial license denial, revocation or denial of
					 license renewal shall not be a basis for reconsideration.
6. The informal reconsideration process is
					 not in lieu of the administrative appeals process.
7. The provider will 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 97 - Nursing Facilities › Subchapter A - General Provisions › Section I-9721 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 provided in Section §9767 K-M of these licensing regulations, a license
					 shall be immediately null and void if a facility ceases to operate.
B. A cessation of business is deemed to be
					 effective the date on which the nursing facility stopped offering or providing
					 services to the community.
C. Upon
					 the cessation of business, the nursing facility 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 nursing facility. The provider does not
					 have a right to appeal a cessation of business.
E. The nursing facility shall notify the
					 department in writing 30 days prior to the effective date of the closure or
					 cessation. In addition to the notice, the provider shall submit a written plan
					 for the disposition of patient medical records for approval by the department.
					 The plan shall include the following:
1. the
					 effective date of the closure.;
2.
					 provisions that comply with federal and state laws on storage, maintenance,
					 access and confidentiality of the closed providers patients medical
					 records;
3. an appointed
					 custodian(s) who shall provide the following:
a. access to records and copies of records to
					 the patient or authorized representative, upon presentation of proper
					 authorization(s); and
b. physical
					 and environmental security that protects the records against fire, water,
					 intrusion, unauthorized access, loss and destruction; and
4. public notice regarding access to records,
					 in the newspaper with the largest circulation in close proximity to the closing
					 nursing facility, at least 15 days prior to the effective date of
					 closure.
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-9723 - Complaint Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
					 who has knowledge of any of the following circumstances that could affect the
					 health and well-being of a nursing facility resident may submit a complaint
					 regarding the matter in writing or by telephone to the Louisiana Department of
					 Health, Health Standards Section:
1. the
					 alleged abuse or neglect of a nursing facility resident;
2. violation of any state law, licensing rule
					 or regulation, or federal certification rule pertaining to a nursing facility;
					 or
3. that a nursing facility
					 resident is not receiving the care and treatment to which he is entitled under
					 state or federal laws.
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-9725 - Complaint Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department shall conduct complaint surveys in accordance with
					 R.S.
					 40:2009.13 et seq.
B. Complaint surveys shall be unannounced
					 surveys.
C. An acceptable plan of
					 correction shall be submitted to the department for any complaint survey where
					 deficiencies have been cited.
D. An
					 on-site follow-up survey or a desk review may be conducted for any complaint
					 survey where deficiencies have been cited to ensure correction of the deficient
					 practices.
E. For deficiencies
					 cited for non-compliance with any complaint survey, the department may issue
					 appropriate sanctions, including but not limited to:
1. civil fines;
2. directed plans of correction;
3. denial of license renewal;
4. provisional licensure;
5. license revocation; or
6. any other sanctions or actions authorized
					 under state law or regulation.
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-9727 - Incident Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A nursing facility shall have written
					 procedures for the reporting and documentation of actual and suspected
					 incidents of abuse, neglect, misappropriation of property/funds, and suspicious
					 death. Major injuries of unknown origin (e.g., fractures, burns, suspicious
					 contusions, head injuries, etc.) for which the nursing facility is unable to
					 determine the cause and could possibly be the result of abuse or neglect shall
					 also be reported. Such procedures shall ensure that:
1. a resident is protected from harm during
					 an investigation;
2. all alleged
					 violations involving abuse, neglect, exploitation, or mistreatment, including
					 injuries of unknown origin and misappropriation of resident property, are
					 reported immediately, but not later than two hours after the allegation is made
					 or discovered, to the administrator of the facility and to other officials
					 (including Health Standards Section (HSS) and law enforcement) where state law
					 provides jurisdiction, if the events that caused the allegation involve abuse
					 or result in a serious bodily injury; or not later than 24 hours after the
					 events that caused an allegation which does not involve abuse or result in
					 serious bodily injury, to the administrator of the facility and to other
					 officials;
3. allegations of an
					 event that do not involve abuse or result in serious bodily injury shall be
					 reported to the administrator of the facility and HSS not later than 24 hours
					 after the occurrence of or discovery of the incident. The nursing facility
					 shall utilize the current department reporting database system to provide
					 notification;
NOTE: Repealed.
4. appropriate authorities are to be notified
					 according to state law;
5.
					 immediate, documented attempts are made to notify the residents legal
					 representative;
6. immediate
					 attempts are made to notify other involved agencies and parties as
					 appropriate;
7. immediate
					 notification is made to the appropriate law enforcement authority whenever
					 warranted; and
8. the nursing
					 facility is required to maintain internet access and to keep the department
					 informed of its active and monitored electronic mail address at all
					 times.
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-9729 - Sanctions and Appeal of Sanctions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Any nursing facility found to be in violation of any state or federal statute,
					 regulation or any department rule, adopted in accordance with the
					 Administrative Procedure Act, governing the administration and operation of the
					 nursing facility may be sanctioned as provided for in LAC 48:I.Chapter
					 46.
B. At a minimum, the nursing
					 facility shall have a written plan that describes:
1. the evacuation of residents to a safe
					 place either within the nursing facility or to another location;
2. the delivery of essential care and
					 services to residents, whether the residents are housed off-site or when
					 additional residents are housed in the nursing facility during an
					 emergency;
3. the provisions for
					 the management of staff, including distribution and assignment of
					 responsibilities and functions, either within the nursing facility or at
					 another location;
4. Effective
					 immediately, upon declaration by the secretary and notification to the
					 Louisiana Nursing Home Association and Gulf States Association of Homes and
					 Services for the Aging, all nursing facilities licensed in Louisiana shall file
					 an electronic report with the HSS emergency preparedness webpage/operating
					 system, or a successor operation system, during a declared disaster or other
					 public health emergency.
a. The electronic
					 report will enable the department to monitor the status of nursing facilities
					 during and immediately following an emergency event.
b. The electronic report shall be filed twice
					 daily at 7:30 a.m. and 2:30 p.m. throughout the duration of the disaster or
					 emergency event.
c. The electronic
					 report shall include, but is not limited to the following:
i. status of operation (open, limited or
					 closed);
ii. availability of
					 beds;
iii. resources that have been
					 requested by the nursing facility from the local or state Office of Emergency
					 Preparedness;
iv. generator
					 status;
v. evacuation
					 status;
vi. shelter in place
					 status; and
vii. other information
					 requested by the department.
NOTE: The electronic report is not to be used to request
						resources or to report emergency events.
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-9731 - Suspensive Appeal of Revocation of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary of the Department of Health,
					 or his/her designee, may deny an application for a license or refuse to renew a
					 license or may revoke an outstanding license when an investigation reveals that
					 the applicant or licensee is in nonconformance with or in violation of the
					 provisions of
					 R.S.40:2009.6,
					 provided that in all such cases, the Secretary shall furnish the applicant or
					 licensee 30 calendar days written notice specifying reasons for the
					 action.
B. The secretary or
					 designee, in a written notice of denial, denial of renewal or revocation of a
					 license, shall notify the applicant or licensee of his right to file a
					 suspensive appeal with the DAL within 30 calendar days from the date the
					 notice, as described in this Subchapter. This appeal or request for a hearing
					 shall specify in detail reasons why the appeal is lodged and why the appellant
					 feels aggrieved by the action of the secretary.
C. When any appeal as described in this
					 Subchapter is received by the DAL, the hearing shall be conducted in accordance
					 with
					 R.S.
					 40:2009.17 and the Administrative Procedure
					 Act.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						40:2009.1-2116.
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-9732 - Incident Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A nursing facility shall have written
					 procedures for the reporting and documentation of actual and suspected
					 incidents of abuse, neglect, misappropriation of property/funds and suspicious
					 death. Major injuries of unknown origin (fractures, burns, suspicious
					 contusions, head injuries, etc.) for which the facility is unable to determine
					 the cause and could possibly be the result of abuse or neglect shall also be
					 reported. Such procedures shall ensure that:
1. immediate verbal reporting is made and a
					 preliminary written report within 24 hours of the incident is submitted to the
					 administrator or his/her designee;
2. written notification is submitted to the
					 Health Standards Section within 24 hours of occurrence or discovery of the
					 incident. The facility shall utilize the DHH Online Tracking Incident System
					 (OTIS) to provide notification:
a. the
					 facility is required to maintain internet access and to keep the department
					 informed of an active e-mail address at all times;
3. appropriate authorities are to be notified
					 according to state law;
4.
					 immediate, documented attempts are made to notify the resident's legal
					 representative;
5. immediate
					 attempts are made to notify other involved agencies and parties as appropriate;
					 and
6. immediate notification is
					 made to the appropriate law enforcement authority whenever warranted.
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-9733 - Approval of Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. Plans and
					 specifications for new construction of, or to, a nursing facility, and for any
					 major alterations or renovations to a nursing facility, shall be submitted to
					 the Department of Public Safety, Office of the State Fire Marshal (OSFM) for
					 review in accordance with
					 R.S.
					 40:1563(L),
					 R.S.
					 40:1574 and LAC 55:V.Chapter 3.
1. Plans and specifications for new
					 construction, major alterations and major renovations shall be prepared by or
					 under the direction of a licensed architect and/or a qualified licensed
					 engineer where required by Louisiana architecture and engineering licensing
					 laws of
					 R.S.
					 37:141 et seq., and
					 R.S.
					 37:681 et seq., and respective implementing
					 regulations.
2. No residential
					 conversions shall be considered for a nursing facility
					 license.
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-9734 - Resident Personal Fund Account

Current through Register Vol. 50, No. 6, June 20, 2024
A. A nursing facility resident, with a
					 personal fund account managed by the nursing facility, may sign an account
					 agreement acknowledging that any funds deposited into the personal fund account
					 by, or on the resident's behalf, are jointly owned by the resident and his
					 legal representative or next of kin. The account agreement must state that the:
1. funds in the account shall be jointly
					 owned with the right of survivorship;
2. funds in the account shall be used by,
					 for, or on behalf of the resident;
3. resident or the joint owner may deposit
					 funds into the account; and
4.
					 resident or joint owner may endorse any check, draft or other instrument to the
					 order of any joint owner, for deposit into the account.
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-9735 - Sanitation and Patient Safety

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 nursing facilities licensed by the department shall comply with the rules,
					 sanitary code and enforcement policies as promulgated by the Office of Public
					 Health (OPH).
1. It shall be the primary
					 responsibility of OPH to determine if applicants are complying with those
					 requirements.
2. No initial license
					 shall be issued without the applicant furnishing an approval from OPH that such
					 applicant is complying with their provisions.
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-9737 - Alzheimer's Special Care Disclosure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any provider offering a special program
					 for persons with Alzheimer's disease or a related disorder shall disclose the
					 form of care or treatment that distinguishes it as being especially applicable
					 to or suitable for such persons. For the purpose of this section, a related
					 disorder means progressive, incurable dementia.
B. Prior to entering into any agreement to
					 provide care, a provider shall make the disclosure to:
1. any person seeking services within an
					 Alzheimer's special care program; or
2. any person seeking such services on behalf
					 of a person with Alzheimer's disease or a related disorder within an
					 Alzheimer's special care program. A provider shall make the disclosure upon
					 characterizing programs or services as especially suited for persons with
					 Alzheimer's disease or a related disorder. Additionally, a provider shall give
					 copies of current disclosure forms to all designees, representatives or
					 sponsors of persons receiving treatment in an Alzheimer's special care
					 program.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter B - Organization and General Services › Section I-9751 - Delivery of Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. A nursing
					 facility shall be administered in a manner that promotes the highest level of
					 physical, mental and psychosocial functioning and well-being of each
					 resident.
B. A nursing facility
					 shall be in compliance with all required federal, state and local statutes,
					 laws, ordinances, rules, regulations and fees.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						40:2009.1-2116.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter B - Organization and General Services › Section I-9753 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. The nursing
					 facility shall have a governing body that is legally responsible for
					 establishing and implementing policies regarding the management and operation
					 of the nursing facility. The governing body shall develop and approve policies
					 and procedures which define and describe the scope of services offered. The
					 policies and procedures shall be revised as necessary and reviewed at least
					 annually.
B. The governing body
					 shall be responsible for the operation of the nursing facility.
C. The governing body shall appoint in
					 writing a licensed administrator responsible for the management of the nursing
					 facility.
D. The governing body of
					 the nursing facility shall appoint a facility designee charged with the general
					 administration of the nursing facility in the absence of a licensed
					 administrator.
E. The governing
					 body shall notify the department in writing when a change occurs in the
					 administrator position within 30 calendar days from the date the change occurs.
					 The notice shall include the identity of the individual and the specific date
					 the change occurred.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						40:2009.1-2116.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter B - Organization and General Services › Section I-9755 - Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Facility
					 Administrator. Each nursing facility shall have a full time administrator. The
					 administrator shall be licensed by the Louisiana Board of Examiners of Nursing
					 Facility Administrators.
1. The administrator
					 is the person responsible for the onsite, daily implementation and supervision
					 of the nursing facility's overall operation commensurate with the authority
					 conferred by the governing body.
2.
					 The nursing facility shall be administered in a manner that enables it to use
					 its resources effectively and efficiently to attain or maintain the highest
					 practicable physical, mental and psychosocial well-being of each
					 resident.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter B - Organization and General Services › Section I-9757 - Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. There shall be
					 sufficient qualified personnel to properly operate the nursing facility to
					 assure the health, safety, proper care and treatment of the residents.
1. Time schedules shall be maintained which
					 indicate the numbers and classification of all personnel, including relief
					 personnel, who works on each tour of duty. The time schedules shall reflect all
					 changes so as to indicate:
a. staff persons
					 who actually worked;
b. in what
					 capacity staff worked; and
c.
					 percentage of time staff persons worked in each of the following capacities:
i. housekeeping;
ii. laundry;
iii. food service;
iv. CNA; and
v. nurse.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter B - Organization and General Services › Section I-9759 - Criminal History Provisions and Screening

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nursing facilities shall have statewide
					 criminal history checks performed on non-licensed personnel to include CNAs,
					 housekeeping staff, activity workers, social service personnel and any other
					 non-licensed personnel who provide care or other health related services to the
					 residents in accordance with
					 R.S.
					 40:1300.51 et seq.
B. All personnel requiring licensure to
					 provide care shall be currently licensed to practice in the state of Louisiana.
					 Credentials of all licensed full-time, part-time and consultant personnel shall
					 be verified on an annual basis in writing by a designated staff
					 member.
C. All personnel, including
					 routine unpaid workers, involved in direct resident care, shall adhere to the
Title 51, Public Health
-
Sanitary Code,
Chapter 5 requirements for health examinations and tuberculosis (TB) testing
					 for employees and volunteers.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						40:2009.1-2116.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter B - Organization and General Services › Section I-9761 - Policies and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. There
					 shall be written policies and procedures that:
1. are available to staff, residents and
					 legal representatives governing all areas of care and services provided by the
					 nursing facility;
2. ensure that
					 each resident receives the necessary care and services to promote the highest
					 level of physical, medical, psychosocial functioning, and well-being of each
					 resident;
3. are developed with the
					 advice of a group of professional personnel consisting of at least a currently
					 licensed physician, the administrator, and the director of nursing
					 services;
4. are revised as
					 necessary, but reviewed by the professional personnel group referenced in
					 Paragraph A.3 of this Section at least annually;
5. are available to admitting
					 physicians;
6. reflect an awareness
					 of, and provisions for, meeting the total physical, medical, and psychosocial
					 needs of residents, including admission, transfer and discharge planning, and
					 the range of services available to residents, including frequency of physician
					 visits by each type of similarly diagnosed resident admitted; and
7. are approved by the governing
					 body.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter B - Organization and General Services › Section I-9763 - Assessments and Care Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 initial assessment of the resident's needs/problems shall be performed and
					 documented in each resident's clinical record by a representative of the
					 appropriate discipline.
B. The
					 assessment, including the PASRR level II recommendations, if applicable, shall
					 be used to develop the resident's plan of care.
C. The assessment shall be completed within
					 14 days of admission and the care plan shall be completed within 7 days of the
					 completion of the assessment or by the twenty-first day of admission.
D. The care plan shall be revised as
					 necessary and reviewed at least annually by the professionally licensed
					 personnel directly involved in the care of the resident.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						40:2009.1-2116.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter B - Organization and General Services › Section I-9767 - Emergency Preparedness

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
					 Provisions
1. The nursing facility shall have
					 an emergency preparedness plan that conforms to the format and specifications
					 and the licensing regulations promulgated herein (see the Louisiana Model
					 Nursing Home Emergency Plan). The plan shall be designed to manage the
					 consequences of all hazards, declared disasters, or other emergencies that
					 either have the potential to disrupt and/or actually disrupt the nursing
					 facility's ability to provide care and treatment, or threatens the health,
					 safety, and welfare of the residents. The nursing facility shall follow and
					 execute its emergency preparedness plan in the event of a declared disaster or
					 other emergency.
2. All nursing
					 facilities shall submit their full, updated emergency preparedness plan to the
					 department for approval on its current emergency preparedness webpage or
					 electronic database. The emergency preparedness plan shall be signed by the
					 nursing home's owner or owners, or any designee of such parties, and its
					 administrator.
a. - d.
					 Repealed.
3. The nursing
					 facility's emergency preparedness plan shall include a shelter in place plan
					 and an evacuation plan, both of which shall be activated at least once
					 annually, either in response to an emergency or in a planned drill.
4. The nursing facility's emergency
					 preparedness plan shall be individualized, site specific, current, and correct,
					 and it shall comport with all requirements in Subsections C and D of this
					 Section below.
5. The nursing
					 facility's plan shall follow all applicable laws, standards, rules, or
					 regulations, including
					 R.S.
					 40:2009.25.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter B - Organization and General Services › Section I-9769 - Visitation by Members of the Clergy During a Declared Public Health Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
					 §9769 and
					 §9771, a public health emergency (PHE) is a declaration made pursuant to
					 the Louisiana Health Emergency Powers Act,
					 R.S.
					 29:760 et seq., or current law
B. For purposes of §9769 and §9771,
					 clergy shall be defined as follows:
1. a
					 minister, priest, preacher, rabbi, imam, Christian Science practitioner;
					 or
2. other similar functionary of
					 a religious organization; or
3. an
					 individual reasonably believed by a resident to be such a clergy
					 member.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter C - Resident Rights › Section I-9775 - Transfer and/or Discharge of the Resident

Current through Register Vol. 50, No. 6, June 20, 2024
A. Voluntary Individual Transfer or
					 Discharge. The nursing facility shall provide sufficient preparation and
					 orientation to residents to ensure safe and orderly transfer or discharge from
					 the nursing facility to the receiving entity. The information in the
					 transferred and/or discharged residents care plan, MDS, any mental health
					 and/or psychosocial assessments and/or evaluations and discharge plan shall be
					 submitted to the individual or institution into whose care the resident is
					 being discharged
B. Involuntary
					 Transfer or Discharge. The nursing facility shall permit each resident to
					 remain in the nursing facility, and shall not transfer or discharge the
					 resident from the nursing facility unless:
1.
					 the transfer or discharge is necessary for the residents welfare and/or the
					 residents needs cannot be met in the nursing facility;
2. the transfer or discharge is appropriate
					 because the residents health has improved sufficiently such that the resident
					 no longer needs the services provided by the nursing facility;
3. the safety and health of individuals in
					 the nursing facility is endangered by the resident to be transferred or
					 discharged;
4. the resident has
					 failed, after reasonable and appropriate notice, to pay for services rendered
					 by the nursing facility;
5. the
					 nursing facility ceases to operate.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter C - Resident Rights › Section I-9777 - Statement of Rights and Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with
					 R.S.
					 40:2010.6 et seq., all nursing facilities
					 shall adopt and make public a statement of the rights and responsibilities of
					 the residents residing therein and shall treat such residents in accordance
					 with the provisions of the statement. The statement shall assure each resident
					 the following:
1. the right to civil and
					 religious liberties, including but not limited to:
a. knowledge of available choices;
b. the right to independent personal
					 decision; and
c. the right to
					 encouragement and assistance from the staff of the nursing facility in the
					 fullest possible exercise of these civil and religious rights;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter C - Resident Rights › Section I-9779 - Resident Personal Fund Account

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 resident has the right to manage his/her financial affairs, and the facility
					 may not require residents to deposit their personal funds with the
					 facility.
B. Upon written
					 authorization of a resident, the facility shall hold, safeguard, manage, and
					 account for the personal funds of the resident deposited with the
					 facility.
C. Deposit of Funds
1. Funds in Excess of $50. The facility shall
					 deposit any residents personal funds in excess of $50 in an interest-bearing
					 account (or accounts) that is separate from any of the facility's operating
					 accounts, and that credits all interest earned on residents funds to that
					 account.
2. Funds Less Than $50.
					 The facility shall maintain a residents personal funds that do not exceed $50
					 in a non-interest-bearing account, interest-bearing account, or petty cash
					 fund.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter C - Resident Rights › Section I-9781 - Virtual Visitation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 nursing facility licensed by the Department of Health shall comply with the
					 provisions of the Nursing Home Virtual Visitation Act of 2018 enacted by the
					 Louisiana Legislature, and any such amendments enacted thereafter.
B. The term
monitoring
					 device
, as used in this Section, shall have the same meaning as
					 defined in the Nursing Home Virtual Visitation Act of 2018.
C. Capacity to Consent to Virtual Visitation
1. A residents capacity to consent to the
					 authorization for installation and use of a monitoring device is presumed if
					 the resident has not been interdicted and has no current documented medical
					 diagnosis affecting capacity.
2.
					 Any question as to capacity of a non-interdicted resident to consent to the
					 authorization for installation and use of a monitoring device shall be
					 determined by any one of the following persons in the following order of
					 priority, if there is no person in a prior class who is reasonably available
					 and willing to make such determination:
a.
					 the residents personal physician;
b. the residents admitting physician;
					 or
c. the medical director of the
					 nursing facility.
NOTE: Such determination shall be documented in the
						residents medical record.
3. The nursing facility shall have a policy
					 regarding capacity to consent to the authorization for installation and use of
					 a monitoring device in a residents room; such policy shall include, at a
					 minimum, the provisions of §9781.C.1 and §9781.C 2; further, the
					 policy shall be in compliance with the provisions of the Nursing Home
					 Visitation Act of 2018 enacted by the Louisiana Legislature, and any such
					 amendments enacted thereafter.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 98 - Nursing Facilities › Subchapter A - Physician Services › Section I-9801 - Medical Director

Current through Register Vol. 50, No. 6, June 20, 2024
A. The nursing
					 facility shall designate, pursuant to a written agreement, a physician
					 currently holding an unrestricted license to practice medicine by the Louisiana
					 State Board of Medical Examiners to serve as medical director.
B. The medical director is responsible for
					 coordinating medical and behavioral health care and assisting to develop,
					 implement and evaluate resident care policies and procedures that reflect
					 current standards of practice.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						40:2009.1-2116.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 98 - Nursing Facilities › Subchapter A - Physician Services › Section I-9803 - Physician Supervision

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 resident shall be admitted to the nursing facility only with an order from a
					 physician licensed to practice medicine in Louisiana.
1. Each resident shall remain under the care
					 of a physician licensed to practice medicine in Louisiana and shall have
					 freedom of choice in selecting his/her attending physician.
2. The nursing facility shall be responsible
					 for assisting in obtaining an attending physician with the resident's or
					 sponsor's approval when the resident or sponsor is unable to find
					 one.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 98 - Nursing Facilities › Subchapter A - Physician Services › Section I-9805 - Physician Visits and Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Admissions
1. At the time each resident is admitted, the
					 nursing facility shall have attending physician orders for the resident's
					 immediate care. At a minimum, these orders shall consist of dietary, pharmacy,
					 and routine nursing care to maintain or improve the resident's functional
					 abilities.
2. If the orders are
					 from a physician other than the resident's attending physician, they shall be
					 communicated to the attending physician and verification shall be entered into
					 the resident's clinical record by the nurse who took the orders.
3. A physical examination shall be performed
					 by the attending physician within 72 hours after admission unless such
					 examination was performed within 30 days prior to admission with the following
					 exceptions:
a. if the physical examination
					 was performed by another physician, the attending physician may attest to its
					 accuracy by countersigning it and placing a copy in the resident's record;
					 or
b. if the resident is
					 transferring from another nursing facility with the same attending physician, a
					 copy of all previous examinations may be obtained from the transferring nursing
					 facility with the attending physician initialing its new date. The clinical
					 history and physical examination, together with diagnoses shall be in the
					 resident's medical record;
c. the
					 physical examination shall include TB testing/screening as required by the
					 current LAC
Title 51, Public
					 Health
-
Sanitary Code,
Chapter 5 for all
					 persons admitted to nursing facilities.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 98 - Nursing Facilities › Subchapter A - Physician Services › Section I-9807 - Standing Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. Physician's
					 standing orders are permissible but shall be individualized, taking into
					 consideration such things as drug allergies and the pertinent physical
					 condition of the resident.
B.
					 Utilization of over-the-counter drugs shall be documented on the physician's
					 standing orders.
C. Controlled or
					 prescription drugs shall not be on standing orders, and shall be an individual
					 order reduced to writing on the physician's order sheet as either a routine or
					 pro re nata (PRN) order. Each order shall include the following:
1. name of the medication;
2. strength of the medication;
3. specific dose of the medication (not a
					 dose range);
4. route of
					 administration;
5. reason for
					 administration;
6. time interval
					 between doses for administering the medication;
7. maximum dosage or number of times to be
					 administered in a specific time frame; and
8. when to notify the attending physician if
					 the medication is not effective.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 98 - Nursing Facilities › Subchapter A - Physician Services › Section I-9809 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 nursing home shall have sufficient nursing staff to provide nursing and related
					 services that meet the needs of each resident. The nursing home shall assure
					 that each resident receives treatments, medications, diets, and other health
					 services as prescribed and planned, all hours of each day.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						40:2009.1-2116.4.