reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter C - Admissions, Transfers and Discharges › Section I-6753 - Medical Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Medical
					 Record System. Each hospital shall have an organized medical record
					 system.
B. Facilities. The medical
					 records room or area shall be conveniently located, sufficiently large, and
					 adequately equipped to permit the proper handling of hospital medical
					 records.
C. Medical Records. An
					 accurate and complete medical record shall be written for each patient and
					 filed in an accessible manner in the hospital.
D. Patient's Basic Medical Records. The
					 following minimum data shall be kept on all patients:
1. identifying and sociological
					 data;
2. dates of admission and
					 discharge;
3. medical
					 history;
4. physical examination
					 and findings;.
5. medical
					 orders;
6. progress
					 notes;
7. summary report of
					 patient's course in the hospital and condition on discharge;
8. record of all medical care of
					 treatments;
9. reports of
					 diagnostic procedures such as laboratory and X-ray;
10. nurse's record of care given to
					 patients;
11. the above data may be
					 kept on separate or combined record forms;
12. items 3 through 8 shall be written,
					 dictated, or prepared by or under the supervision of the attending physician
					 and the face sheet of the complete chart shall be signed by him;
13. the following additional data shall be
					 kept when indicated:
a. consultation notes,
					 signed by the consultant;
b.
					 authorization, consent, or release forms;
c. operative record;
d. anesthesia report;
e. pathological reports;
f. obstetrical records;
g. record of mother's labor, delivery, and
					 postpartum period;
h. separate
					 infant record:
i. date and time of
					 birth;
ii. condition at
					 birth;
iii. sex;
iv. weight at birth if condition permits
					 weighing;
v. condition of infant at
					 time of discharge.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter C - Admissions, Transfers and Discharges › Section I-6755 - Denial, Suspension, or Revocation of License Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Denial, Suspension, or Revocation of
					 License. The director may deny, suspend, or revoke a license when he finds that
					 there has been a substantial failure by the applicant or licensee to comply
					 with requirements of
					 R.S. 40:2101
					 through 2109 or the rules, regulations, and minimum standards adopted by the
					 council with approval of the board; provided in all such cases the director
					 shall furnish the applicant or licensee thirty (30) calendar days written
					 notice specifying reasons for the action.
B. Conditions Under Which Appeal May be
					 Taken. Any applicant or licensee who feel aggrieved by the action of the
					 director in denying, suspending, or revoking a license shall have the right,
					 within 30 calendar days from the date the notice required in Section A above is
					 received by him, to appeal suspensively from the action of the director by
					 filing in the office of the director within such 30-day period a written
					 request addressed to the director asking for a hearing by the Appeals Board
					 specified in
					 R.S.
					 40:2110 B, which 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 director.
C. If a license is denied or revoked, the
					 applicant has the right to appeal as specified within the law. The appeal
					 procedure is subject to modifications according to the Administrative Procedure
					 Act LSR 49:951-968.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2100-2113.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter D - Service Delivery › Section I-6757 - Perinatal Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Perinatal
					 services shall be well organized and provided in accordance with current
					 acceptable national standards of practice adopted from national associations or
					 organizations.
B. Birthing rooms
					 shall be located to address privacy during occupancy for labor, birth, and
					 postpartum care.
C. The FSBC shall
					 ensure that the deliveries do not exceed the capabilities of the FSBC, and any
					 length of client care does not exceed 23 hours post-delivery.
D. Except for the requirements of
					 §6747.A specific to
					 deliveries, at least one licensed healthcare practitioner shall be immediately
					 available in the FSBC until all clients are assessed as stable, and shall have
					 been trained in:
1. the use of emergency
					 equipment;
2. adult cardiopulmonary
					 resuscitation equivalent to American Heart Association Class C Basic Life
					 Support; and
3. Neonatal
					 Resuscitation Program endorsed by American Academy of Pediatrics/American Heart
					 Association.
4. Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter D - Service Delivery › Section I-6759 - Transfer Agreements and Client Transfers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The FSBC shall secure a written transfer
					 agreement with at least one receiving hospital in the community with policies
					 and procedures for timely transport.
B. If the FSBC is not able to secure a
					 written transfer agreement, the licensed healthcare practitioner shall be
					 responsible for the safe and immediate transfer of the patients from the FSBC
					 to a hospital when a higher level of care is indicated. Transportation to a
					 local hospital shall be mediated by ambulance when emergency consultation is
					 needed.
C. The FSBC shall be
					 responsible for developing written policies and procedures for the safe
					 transfer of patients and coordination of admission, when necessary, into an
					 inpatient facility. The written policy shall include, but not be limited to:
1. identification of the FSBC personnel who
					 shall be responsible for the coordination of admission into an inpatient
					 facility;
2. procedures for
					 security inpatient services; and
3.
					 procedures for the procurement of the pertinent and necessary copies of the
					 patient's medical record that will be sent with the transferring patient so
					 that the information may be included in the patient's inpatient medical
					 record.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter D - Service Delivery › Section I-6761 - Discharges.

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each FSBC shall
					 have written discharge policies and procedures. The written description of
					 discharge policies shall be provided to the department upon request and made
					 available to the client or his/her legal representative. The FSBC shall ensure
					 that all elements of the discharge requirements are completed.
B. The mother and newborn shall not be
					 discharged less than two hours from time of delivery of the placenta.
C. The postpartum needs of each client shall
					 be addressed and documented in the discharge notes.
D. Upon discharge, the FSBC shall:
1. provide each client with written discharge
					 instructions, including written guidelines detailing how the client may get
					 emergency assistance for herself and her newborn;
2. provide each client with all supplies
					 deemed clinically necessary per the discharge orders, excluding
					 medications;
3. coordinate care
					 with a licensed healthcare practitioner and/or provide care and support during
					 the immediate and no later than 36 hours of birth including, but not limited
					 to:
a. maternal and newborn assessments and
					 follow-up plans;
b. current
					 recommended newborn screenings;
c.
					 breastfeeding support and referral;
d. screening for postpartum mental health
					 issues;
e. psychosocial
					 assessment;
f. family planning
					 services; and
g. referral for
					 ongoing health issues
4.
					 ensure that all clients are informed, either in advance of their delivery or
					 prior to leaving the FSBC, of the following:
a. necessary prescriptions;
b. postpartum instructions that includes but
					 is not limited to the following post-birth warning signs:
i.
P
-pain in your
					 chest;
ii.
O
-obstructed breathing or shortness of breath;
iii.
S
-seizures;
iv.
T
-thoughts of hurting
					 yourself or your baby;
v.
B
-bleeding that is soaking through one pad/hour, or blood
					 clots the size of an egg or bigger;
vi.
I
-incision that is not
					 healing;
vii.
R
-red or swollen leg that is painful or warm to
					 touch;
viii.
T
-temperature of 100.4 degrees Fahrenheit or higher; and
ix.
H
-headache
					 that does not improve, even after taking medicine for relief, or a bad headache
					 with vision changes; and
c. licensed healthcare practitioner(s)
					 contact information for follow-up care of the mother and her newborn.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter E - Facility Responsibilities › Section I-6767 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. FSBCs
					 shall comply and show proof of compliance with all relevant federal, state, and
					 local rules and regulations. It is the FSBC's responsibility to secure the
					 necessary approvals from the following entities:
1. HSS;
2. OSFM architectural and licensing plan
					 review;
3. OPH;
4. OSFM
Life Safety Code
inspection; and
5. the applicable
					 local governing authority (e.g., zoning, building department or permit
					 office).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter E - Facility Responsibilities › Section I-6769 - Staffing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Administrative Staff. The following administrative staff is required for all
					 FSBCs:
1. a qualified administrator at each
					 licensed geographic location who shall meet the qualifications as established
					 in these provisions; and
2. other
					 administrative staff as necessary to operate the FSBC and to properly safeguard
					 the health, safety, and welfare of the clients receiving services.
3. Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter E - Facility Responsibilities › Section I-6771 - Medications for Mother and Newborn

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The licensed healthcare practitioners may administer and/or order medications
					 in accordance with their scope of practice and licensing regulations.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2180.21-2180.28.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter E - Facility Responsibilities › Section I-6773 - Clinical Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each FSBC
					 shall make provisions for securing clinical records of all media types, whether
					 stored electronically or in paper form. The identified area or equipment shall
					 be secured to maintain confidentiality of client records and shall be
					 restricted to staff movement and remote from treatment and public
					 areas.
B. All client records shall
					 be protected from loss or damage.
C. The FSBC shall have a designated area
					 located within the FSBC which shall provide for the proper storage, protection
					 and security for all clinical records and documents.
D. The FSBC shall develop and maintain a
					 unique clinical record for each client admitted and/or treated. Records may
					 exist in hard copy, electronic format, or a combination thereof.
E. The FSBC shall ensure the confidentiality
					 of client records, including information in a computerized clinical record
					 system, in accordance with the Health Insurance Portability and Accountability
					 Act (HIPAA) regulations and any state laws, rules, and regulations.
1. If computerized records are used, the FSBC
					 shall develop:
a. a back-up system for
					 retrieval of critical clinical records;
b. safeguards/firewalls to prevent
					 unauthorized use and access to information; and
c. safeguards/firewalls to prevent
					 alterations of electronic records.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter E - Facility Responsibilities › Section I-6774 - Other Records and Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 following indexes, records and registers shall be required of the licensed
					 FSBC:
1. a client's register;
2. a birthing room register;
3. a birth register;
4. daily census report of admissions and
					 discharges;
5. records of
					 reportable diseases, if any, as required by state and/or federal
					 regulations;
6. a laboratory log
					 denoting laboratory specimen(s) that are sent for pathology interpretation, if
					 any, and a CLIA certificate in accordance with the type laboratory procedures
					 conducted in the center;
a. the laboratory log
					 shall include, at a minimum, the following information:
i. the client's name;
ii. the specimen site; and
iii. the date the specimen was sent for
					 pathology interpretation;
7. mortality records, including in the event
					 of a miscarried child.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter E - Facility Responsibilities › Section I-6775 - Quality Assurance and Performance Improvement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The governing body shall ensure that there
					 is an implemented, maintained, effective, written, data-driven, and ongoing
					 program designed to assess and improve the quality of client care. This program
					 shall include all services, provided directly or through contract.
B. The governing body shall ensure that it
					 allocates sufficient staff, time, information systems, and training to
					 implement the quality assurance and performance improvement (QAPI) program and
					 for participation in the state perinatal quality collaborative, which is under
					 the authority of the Louisiana Commission on Perinatal Care and Prevention on
					 Infant Mortality, defined as reporting perinatal measures determined by the
					 Louisiana Commission on Perinatal Care and Prevention on Infant
					 Mortality.
C. The FSBC shall ensure
					 there is a written quality assurance plan for assessing and improving quality
					 of care that is focused on problem-prone areas, and which specifies the
					 intervals that the FSBC shall actively collect data related to the quality
					 indicators and show participation in the state perinatal quality collaborative
					 as required. Performance improvement activities shall consider incidence,
					 prevalence, and severity of problems and those that can affect health outcomes,
					 client safety, and quality of care. The plan shall describe the system for
					 overseeing and analyzing the effectiveness of monitoring, evaluation, and
					 sustained improvement activities. All services related to client care,
					 including services furnished by a contractor shall be evaluated.
D. Nosocomial infections, client care
					 outcomes, and perinatal and newborn care services performed in the FSBC shall
					 be evaluated as they relate to appropriateness of care and services
					 rendered.
E. The services provided
					 by each licensed healthcare practitioner with FSBC privileges shall be
					 periodically evaluated to determine whether they are of an acceptable level of
					 quality and appropriateness in accordance with clinical staff bylaws/rules and
					 regulations.
F. The QAPI program
					 shall monitor, identify, and develop a plan for elimination of medication
					 errors and adverse client (mother and infant) events.
G. Corrective actions to problems identified
					 through the QAPI program, with on-going monitoring for sustained corrective
					 action, shall be documented. All QAPI data shall be documented and remain
					 within the FSBC. Staff education and training related to the correction of
					 problems shall be documented.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2180.21-2180.28.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter F - Safety, Sanitization and Emergency Preparedness › Section I-6779 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The FSBC
					 shall have policies and procedures, approved and implemented by the clinical
					 staff and governing body, that address provisions for:
1. sanitizing, disinfecting, and sterilizing
					 supplies, equipment, and utensils; and
2. the safe use of cleaning supplies and
					 solutions that are to be used and the directions for use, including:
a. terminal cleaning of the birthing rooms;
					 and
b. cleaning of the birthing
					 rooms between delivery procedures.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter F - Safety, Sanitization and Emergency Preparedness › Section I-6781 - Infection Control

Current through Register Vol. 50, No. 6, June 20, 2024
A. The FSBC
					 shall maintain an infection control program that minimizes infections and
					 communicable diseases through prevention, investigation, and reporting of
					 infections. This program shall include all contracted services.
B. The FSBC shall provide a functional and
					 sanitary environment for the provision of delivery services by adopting and
					 adhering to professionally accepted standards of practice. The FSBC shall have
					 documentation that the infection control program was considered, selected, and
					 implemented based on nationally recognized infection control
					 guidelines.
C. The infection
					 control program shall be under the direction of a designated and qualified
					 professional. The FSBC shall determine that the individual selected to lead the
					 infection control program has had documented training in the principles and
					 methods of infection control. The individual shall maintain his/her
					 qualifications through ongoing education and training, which can be
					 demonstrated by participation in infection control courses or in local and
					 national meetings organized by a nationally recognized professional infection
					 control society.
D. The FSBC shall
					 develop, with the approval of the director of clinical midwifery services and
					 the governing body, policies and procedures for preventing, identifying,
					 reporting, investigating, controlling, and immediately implementing corrective
					 actions relative to infections and communicable diseases of clients and
					 personnel. At a minimum, the policies shall address:
1. hand sanitizers and hand
					 hygiene;
2. use of all types of
					 gloves and personal protective equipment, as appropriate;
3. scrub procedures;
4. linen cleaning and reuse;
5. waste management;
6. environmental cleaning;
7. reporting, investigating, and monitoring
					 of infections;
8. sterilization and
					 cleaning procedures and processes;
9. single use devices;
10. disinfecting procedures and
					 processes;
11. breaches of
					 infection control practices; and
12. utilization of clean and dirty utility
					 areas.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter F - Safety, Sanitization and Emergency Preparedness › Section I-6783 - Laundry Handling and Sanitation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 FSBC shall be responsible for ensuring the proper handling, cleaning,
					 sanitizing, and storage of linen and other washable goods, whether provided by
					 the FSBC or provided by a contracted vendor. All linen used in the FSBC shall
					 be of sufficient quantity to meet the needs of the clients.
B. Laundry services shall be provided either
					 in-house or through a contracted commercial laundry service in accordance with
					 the FSBC's policies and procedures, as set forth by the governing body.
1. Contracted Laundry Service
a. If laundry service is contracted, the FSBC
					 shall assess the cleaning and sanitizing processes that are used by the
					 commercial laundry service.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter F - Safety, Sanitization and Emergency Preparedness › Section I-6787 - Inactivation of License due to a Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. An FSBC licensed
					 in a parish which is the subject of an executive order or proclamation of
					 emergency or disaster, issued in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766, may seek to inactivate its license
					 for a period not to exceed one year, provided that the following conditions are
					 met:
1. the FSBC shall submit written
					 notification to the HSS within 60 days of the date of the executive order or
					 proclamation of emergency or disaster that:
a. the FSBC has experienced an interruption
					 in the provisions of services as a result of events that are the subject of
					 such executive order or proclamation of emergency or disaster issued in
					 accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766;
b. the FSBC intends to resume operation as an
					 FSBC in the same service area; and
c. the FSBC attests that the emergency or
					 disaster is the sole causal factor in the interruption of the provision of
					 services.
NOTE: Pursuant to these provisions, an extension of the
						60-day deadline for initiation of request may be granted at the discretion of
						the department.
EXCEPTION: If the FSBC requires an extension of the
						timeframe to complete construction or repairs due to circumstances beyond the
						FSBC's control, the department will consider an extended time period to
						complete. The written request for extension shall show the FSBC's active
						efforts to complete construction or repairs and the reasons for request for
						extension of the FSBC's inactive license. Any approvals for extension are at
						the sole discretion of the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter F - Safety, Sanitization and Emergency Preparedness › Section I-6789 - Inactivation of License due to a Non-Declared Emergency or Disaster

Current through Register Vol. 50, No. 6, June 20, 2024
A. An FSBC in an
					 area or areas which have been affected by a non-declared emergency or disaster
					 may seek to inactivate its license, provided that the following conditions are
					 met:
1. the FSBC shall submit written
					 notification to the HSS within 30 days of the date of the non-declared
					 emergency or disaster stating that:
a. the
					 FSBC has experienced an interruption in the provisions of services as a result
					 of events that are due to a non-declared emergency or disaster;
b. the facility intends to resume operation
					 as an FSBC in the same service area;
c. the FSBC attests that the emergency or
					 disaster is the sole causal factor in the interruption of the provision of
					 services; and
d. the FSBC's initial
					 request to inactivate does not exceed one year for the completion of repairs,
					 renovations, rebuilding, or replacement of the facility;
NOTE: Pursuant to these provisions, an extension of the
						30-day deadline for initiation of request may be granted at the discretion of
						the department.
EXCEPTION: If the FSBC requires an extension of the
						timeframe to complete construction or repairs due to circumstances beyond the
						FSBC's control, the department will consider an extended time period to
						complete such. Written request for extension shall show the FSBC's active
						efforts to complete construction or repairs and the reasons for request for
						extension of the FSBC's inactive license. Any approvals for extension are at
						the sole discretion of the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter G - Physical Environment › Section I-6793 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 standards in this Subchapter shall apply to any FSBC constructed after the
					 effective date of this rule, or an FSBC that makes alterations, additions, or
					 substantial rehabilitation to an existing FSBC or adaptation of an existing
					 building to create an FSBC. Cosmetic changes to the FSBC such as painting,
					 flooring replacement, or minor repairs shall not be considered an alteration or
					 substantial rehabilitation.
EXCEPTION: For those applicants for FSBC licensure who
						received plan review approval from the OSFM before the effective date of the
						promulgation of this Rule, or who have begun construction or renovation of an
						existing building before the effective date of the promulgation of this Rule,
						the physical environment requirements of §6793 shall not apply.
B. An applicant for an FSBC
					 license shall furnish one complete set of architectural plans and
					 specifications to the entity/office designated by the department to review and
					 approve the facility's architectural plans and the OSFM.
1. The office designated by the department to
					 review and approve architectural drawings and specifications and the OSFM shall
					 review and approve the
Life Safety Code
plans before
					 construction can begin.
2. When the
					 plans and specifications have been reviewed and all inspections and
					 investigations have been made, the applicant will be notified whether the plans
					 for the proposed FSBC have been approved.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 67 - Free-Standing Birth Centers › Subchapter G - Physical Environment › Section I-6795 - General Appearance and Space Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The FSBC shall be constructed, arranged,
					 and maintained to ensure the safety and well-being of the clients and the
					 general public it serves in accordance with the current Facility Guidelines for
					 Design and Construction of Hospitals and Outpatient Facilities approved by the
					 OSFM.
B. The FSBC shall have a
					 minimum of two birthing rooms to meet the needs of the clients being served. In
					 addition to the birthing rooms, the FSBC may also have one or more treatment
					 rooms.
C. The location of the
					 birthing rooms within the FSBC, and the access to it, shall conform to
					 professionally accepted standards of practice, particularly for infection
					 control, with respect to the movement of people, equipment and supplies in and
					 out of the birthing rooms.
1. The location
					 shall have a working heating, ventilation, and air conditioning system that is
					 monitored and adjusted according to the needs of the client.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6801 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
					 regulations contain the minimum licensure standards for adult residential care
					 providers (ARCPs), pursuant to
					 R.S.
					 40:2166.1-2166.8, and shall become effective
					 on August 15, 2015.
B. An ARCP
					 serves individuals in a congregate setting and is operational 24 hours per day,
					 seven days per week, with a coordinated array of supportive personal services,
					 24-hour supervision and assistance (scheduled and unscheduled), activities and
					 health-related services that are designed to:
1. allow the individual to reside in the
					 least restrictive setting of his/her choice;
2. accommodate the individual resident's
					 changing needs and preferences;
3.
					 maximize the resident's dignity, autonomy, privacy and independence;
					 and
4. encourage family and
					 community involvement.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6803 - Definitions and Abbreviations

Current through Register Vol. 50, No. 6, June 20, 2024
Abuse
-
1. the willful infliction of physical or
					 mental injury;
2. causing
					 deterioration by means including, but not limited to:
a. sexual abuse
b. exploitation; or
c. extortion of funds or other things of
					 value to such an extent that the resident's health, moral or emotional
					 wellbeing is endangered; or
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6805 - Licensure Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 ARCPs shall be licensed by LDH. The department is the only licensing authority
					 for ARCPs in the state of Louisiana. It shall be unlawful to operate an ARCP
					 without possessing a current, valid license issued by the department. The
					 license shall:
1. be issued only to the
					 person or entity named in the license application;
2. be valid only for the ARCP to which it is
					 issued and only for the specific geographic address of that ARCP;
3. be valid for one year from the date of
					 issuance, unless revoked, suspended, modified, or terminated prior to that
					 date, or unless a provisional license is issued;
4. expire on the last day of the twelfth
					 month after the date of issuance, unless timely renewed by the ARCP;
5. not be subject to sale, assignment,
					 donation, or other transfer, whether voluntary or involuntary; and
6. be posted in a conspicuous place on the
					 licensed premises at all times.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6807 - Initial Licensure Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. An initial application for licensing as an
					 ARCP shall be obtained from the department. A completed initial license
					 application packet for an ARCP shall be submitted to and approved by the
					 department prior to an applicant providing ARCP services. An applicant shall
					 submit a completed initial licensing packet to the department, which shall
					 include:
1. a completed ARCP license
					 application and the appropriate non-refundable licensing fee as established by
					 statute;
2. a copy of the on-site
					 inspection report with approval for occupancy by the OSFM;
3. a copy of the health inspection report
					 from the OPH;
4. a copy of criminal
					 background checks on all owners;
5.
					 proof of financial viability which entails:
a.
					 verification of sufficient assets equal to $100,000 or the cost of three months
					 of operation, whichever is less; or
b. a letter of credit issued from a federally
					 insured, licensed lending institution in the amount of at least $100,000 or the
					 cost of three months of operation, whichever is less;
6. proof of general liability insurance of at
					 least $300,000 per occurrence;
7.
					 proof of worker's compensation insurance as required by state law;
8. proof of professional liability insurance
					 of at least $100,000 per occurrence/$300,000 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):
a. if the ARCP is self-insured and is
					 not enrolled in the PCF, professional liability limits shall be $1,000,000 per
					 occurrence/$3,000,000 per annual aggregate.
NOTE: repealed
9. proof that the LDH/HSS is specifically
					 identified as the certificate holder on any policies and any certificates of
					 insurance issued as proof of insurance by the insurer or producer
					 (agent);
10. if applicable, a
					 clinical laboratory improvements (CLIA) certificate or a CLIA certificate of
					 waiver;
11. a completed disclosure
					 of ownership and control information form;
12. a floor sketch or drawing of the premises
					 to be licensed;
13. the days and
					 hours of operation;
14. a copy of
					 the letter approving architectural plans from the OSFM;
15. the organizational chart of the ARCP;
					 and
16. any 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 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6809 - Initial Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Prior to the initial license being issued to the ARCP, an initial licensing
					 survey shall be conducted on-site at the ARCP to assure compliance with ARCP
					 licensing standards. No resident shall be provided services by the ARCP until
					 the initial licensing survey has been performed, the ARCP has been found in
					 compliance and the initial license has been issued to the ARCP by the
					 department.
B. In the event that
					 the initial licensing survey finds that the ARCP is compliant with all
					 licensing laws and regulations, and is compliant with all other required
					 statutes, laws, ordinances, rules, regulations, and fees, the department shall
					 issue a full license to the provider. The license shall be valid until the
					 expiration date shown on the license, unless the license is modified, revoked,
					 suspended, or terminated.
C. In the
					 event that the initial licensing survey finds that the ARCP is noncompliant
					 with any licensing laws or regulations or any other required statutes, laws,
					 ordinances, rules or regulations that present a potential threat to the health,
					 safety, or welfare of the residents, the department shall deny the initial
					 license.
D. In the event that the
					 initial licensing survey finds that the ARCP is noncompliant with any licensing
					 laws or regulations, any required statutes, laws, ordinances, rules or
					 regulations, but the department, in its sole discretion, determines that the
					 noncompliance does not present a threat to the health, safety, or welfare of
					 the residents, the department may issue a provisional initial license for a
					 period not to exceed six months.
1. The
					 provider shall submit an acceptable plan of correction to LDH for approval, and
					 the provider shall be required to correct all such noncompliance or
					 deficiencies prior to the expiration of the provisional license. The required
					 components of a plan of correction shall:
a.
					 address how corrective actions were accomplished for those residents found to
					 have been affected by the deficient practice;
b. describe how other residents who have the
					 potential to be affected by the deficient practice will be identified, and what
					 will be done for them;
c. include
					 the measures that will be put in place or the system changes that will be made
					 to ensure that the deficient practice will not recur;
d. indicate how the facility plans to monitor
					 its performance; and
e. include
					 dates when corrective action will be completed. This date shall not exceed 60
					 days from exit date of survey.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6813 - Changes in Licensee Information or Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any change regarding the ARCPs entity
					 name, doing business as name, geographical address, mailing address, telephone
					 number, or any combination thereof, shall be reported in writing to the
					 department five business days prior to the change.
B. Any change regarding the ARCPs key
					 administrative personnel shall be reported in writing to the department within
					 10 business days of the change.
1. Key
					 administrative personnel include the:
a.
					 director;
b. assistant director;
					 and
c. nursing director.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6815 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. License
					 Renewal Application. The ARCP shall 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 current fire
					 marshal inspection report;
4. a
					 current OPH inspection report;
5.
					 the non-refundable license renewal fee;
6. proof of financial viability to include:
a. verification and maintenance of a letter
					 of credit issued from a federally insured, licensed lending institution in the
					 amount of at least $100,000 or the cost of three months of operation, whichever
					 is less; or
b. affidavit of
					 verification of sufficient assets equal to $100,000 or the cost of three months
					 of operation, whichever is less;
7. proof of professional liability insurance
					 in accordance with §6807;
8.
					 proof of general liability insurance of at least $300,000 per
					 occurrence;
9. proof of worker's
					 compensation insurance as required by state law; and
10. 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 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6817 - Denial of License, Revocation of License, Denial of License Renewal, Operation without License, Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department may deny an application for a license, deny a license renewal or
					 revoke a license in accordance with the provisions of the Administrative
					 Procedure Act.
B. Denial of an
					 Initial License
1. The department shall deny
					 an initial license in the event that the initial licensing survey finds that
					 the ARCP is noncompliant with any licensing laws or regulations that present a
					 potential threat to the health, safety, or welfare of the residents.
2. The department shall deny an initial
					 license in the event that the initial licensing survey finds that the ARCP 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.
3. The department
					 shall deny an initial license for any of the reasons stated in §6817. D for which a license may be revoked or a license renewal may be
					 denied.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6819 - Notice and Appeal of License Denial, License Revocation and Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of a
					 license denial, license revocation or denial of license renewal shall be given
					 to the provider in writing.
B. The
					 ARCP has a right to an administrative reconsideration of the license denial,
					 license revocation, or denial of license renewal. There is no right to an
					 administrative reconsideration of a voluntary non-renewal or surrender of a
					 license by the provider.
1. The ARCP shall
					 request the administrative reconsideration within 15 days of the receipt of the
					 notice of the license denial, license revocation, or denial of license renewal.
					 The request for administrative reconsideration shall be in writing and received
					 by the department within 15 calendar days of the providers receipt of the
					 notice letter from the department.
2. The request for administrative
					 reconsideration shall include any documentation that demonstrates that the
					 determination was made in error.
3.
					 If a timely request for an administrative reconsideration is received by the
					 Health Standards Section (HSS), an administrative reconsideration shall be
					 scheduled and the provider will receive written notification.
4. The provider shall have the right to
					 appear in person at the administrative reconsideration and may be represented
					 by counsel.
5. Correction of a
					 violation or deficiency which is the basis for the license denial, license
					 revocation or denial of license renewal shall not be a basis for
					 reconsideration.
6. The
					 administrative reconsideration process is not in lieu of the administrative
					 appeals process.
7. The provider
					 will be notified in writing of the results of the administrative
					 reconsideration.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6821 - Complaint Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department shall conduct complaint investigations in accordance with
					 R.S.
					 40:2009.13 et seq.
B. Complaint investigations shall be
					 unannounced.
C. Upon request by the
					 department, an acceptable plan of correction must be submitted to the
					 department for any complaint investigation where deficiencies have been
					 cited.
D. A follow-up survey may be
					 conducted for any complaint investigation where deficiencies have been cited to
					 ensure correction of the deficient practices.
E. The department may issue appropriate
					 sanctions, including but not limited to, civil fines, directed plans of
					 correction, provisional licensure, denial of license renewal, and license
					 revocation for non-compliance with any state law or regulation.
F. The departments surveyors and staff shall
					 be given access to all areas of the ARCP and all relevant files during any
					 complaint investigation. The departments surveyors and staff shall be allowed
					 to interview any provider staff or resident as necessary or required to conduct
					 the investigation.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2166.1-2166.8.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter A - General Provisions › Section I-6823 - Statement of Deficiencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 statement of deficiencies issued by the department to the ARCP must be posted
					 in a readily accessible place on the licensed premises.
B. Any statement of deficiencies issued by
					 the department to an ARCP must be available for disclosure to the public 30
					 days after the provider receives the statement of deficiencies or after the
					 receipt of an acceptable plan of correction, whichever occurs first.
C. Unless otherwise provided in statute or in
					 this licensing rule, a provider shall have the right to an administrative
					 reconsideration of any deficiencies cited as a result of a survey or
					 investigation.
1. Correction of the
					 violation, noncompliance or deficiency shall not be the basis for the
					 reconsideration.
2. The
					 administrative reconsideration of the deficiencies shall be requested in
					 writing and received by the department within 10 calendar days of receipt of
					 the statement of deficiencies.
3.
					 The request for an administrative reconsideration must identify each disputed
					 deficiency or deficiencies and the reason for the dispute and include any
					 documentation that demonstrates that the determination was made in
					 error.
4. The request for
					 administrative reconsideration of the deficiencies must be made to the
					 department's HSS.
5. Except as
					 provided for complaint surveys pursuant to
					 R.S.
					 40:2009.13 et seq., and as provided for
					 license denials, license revocations and denials of license renewals, the
					 decision of the administrative reconsideration team shall be the final
					 administrative decision regarding the deficiencies. There is no administrative
					 appeal right of such deficiencies.
6. The provider shall be notified in writing
					 of the results of the administrative reconsideration.