reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter D - Human Resources › Section I-9051 - Volunteers

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a facility
					 uses volunteers, the facility shall have a current, written volunteer
					 policy.
B. Volunteers shall receive
					 orientation before having contact with residents.
C. Volunteers shall work under the direct
					 supervision of a paid staff member. They shall never be left alone or in charge
					 of a resident or group of residents without a paid staff member present, unless
					 they are a master's level or doctorate level student intern.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2009.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter E - Facility Operations › Section I-9061 - Food and Diet [Formerly Section 9079]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provider shall ensure that a resident
					 is, on a daily basis, provided with food of such quality and in such quantity
					 as to meet the recommended daily dietary allowances adjusted for age, gender
					 and activity of the Food Nutrition Board of the National Research Council. The
					 facility shall ensure that dietary services are provided by a Louisiana
					 licensed registered dietician. The registered dietician shall be available
					 regarding the nutritional needs, the special diets of individual children, and
					 to assist in the development of policies and procedures for the handling,
					 serving, and storage of food.
1. Menus shall
					 be written and approved annually in writing by a registered
					 dietician.
2. The provider shall
					 develop written menus at least one week in advance.
3. Written menus and records of foods
					 purchased shall be maintained on file for 30 days. Menus shall provide for a
					 sufficient variety of foods, vary from week to week and reflect all
					 substitutions.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter E - Facility Operations › Section I-9063 - Admission, Transfer and Discharge Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The written description of admissions
					 policies and criteria shall be provided to the department upon request, and
					 made available to the resident and his/her legal representative.
B. A PRTF shall not refuse admission to any
					 client on the grounds of race, national origin, ethnicity or
					 disability.
C. A PRTF shall admit
					 only those residents whose needs, pursuant to the certification of need and
					 comprehensive plan of Care, can be fully met by the facility.
D. When refusing admission to a client, the
					 PRTF shall provide a written statement to the resident with the reason for the
					 refusal. This shall be provided to the designated representative(s) of the
					 department upon request.
E. To be
					 admitted into a PRTF, the individual shall have received certification of need
					 from the department or the departments designee that recommends admission into
					 the PRTF. The PRTF shall ensure that requirements for certification are met
					 prior to treatment commencing. The certification shall specify that:
1. ambulatory care resources available in the
					 community do not meet the treatment needs of the recipient;
2. proper treatment of the recipient's
					 psychiatric condition requires services on an inpatient basis under the
					 direction of a physician; and
3.
					 the services can reasonably be expected to improve the resident's condition or
					 prevent further regression so that the services will no longer be
					 needed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter E - Facility Operations › Section I-9065 - Health Care and Nursing Services [Formerly Section 9081]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Health Care
1. The provider shall have a written plan for
					 providing preventive, routine and emergency medical and dental care for
					 residents and shall show evidence of access to the resources outlined in the
					 plan. This plan shall include:
a. ongoing
					 appraisal of the general health of each resident;
b. provision of health education, as
					 appropriate; and
c. provisions for
					 keeping resident's immunizations current.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter E - Facility Operations › Section I-9067 - Delivery of Services [Formerly Section 9083]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The PRTF shall have an on-going plan,
					 consistent with available community and PRTF resources, to provide medical,
					 dental, therapeutic, social, psychological, recreational, rehabilitative and
					 educational services to meet the medically related needs of its
					 residents.
B. Arrangement of
					 Residents into Groups
1. The provider shall
					 arrange residents into groups that effectively address the needs of the
					 residents.
2. All residents shall
					 have an opportunity to build relationships within small groups.
3. Residents shall be involved in decision
					 making regarding the roles and routines of their living group to the degree
					 possible considering their level of functioning.
4. No more than 15 residents shall be in a
					 group or unit.
5. The PRTF shall
					 have a distinct unit for minors.
6.
					 Groups shall be separated by gender.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter E - Facility Operations › Section I-9069 - Transportation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The PRTF shall
					 ensure that each resident is provided with the transportation necessary for
					 implementation of the resident's treatment plan.
B. The PRTF shall provide or arrange
					 transportation of its residents to and from the facility and is responsible for
					 the safety of the residents during transport.
C. If the PRTF arranges transportation for
					 participants through a transportation agency, the facility shall maintain a
					 written contract which is signed by a facility representative and a
					 representative of the transportation agency. The contract shall outline the
					 circumstances under which transportation will be provided.
1. The written contract shall be dated and
					 time limited and shall conform to these licensing regulations.
2. The transportation agency shall maintain
					 in force at all times current commercial liability insurance for the operation
					 of transportation vehicles, including medical coverage for residents in the
					 event of an accident or injury. The PRTF shall maintain documentation of the
					 insurance which shall consist of the insurance policy or current binder that
					 includes the name of the transportation agency, the name of the insurance
					 agency, policy number, and period of coverage and an explanation of the
					 coverage.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter F - Physical Environment › Section I-9075 - General Provisions [Formerly Section 9061]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The PRTF shall be constructed, arranged
					 and maintained to ensure the safety and well being of the resident.
B. Buildings
1. The buildings shall reflect good
					 housekeeping and shall by means of an effective pest control program, be free
					 of insects and rodents.
2. The PRTF
					 shall maintain PRTF-wide ventilation, lighting and temperature
					 controls.
3. There shall be a
					 policy regarding the provision of services during any period in which the
					 supply of electricity, natural gas, water and fuel is temporarily
					 disrupted.
4. Doors leading into a
					 facility or unit may be locked only in the direction of ingress.
5. Doors in the line of egress shall not be
					 locked. Any deviation to allow the outermost doors in the line of egress to be
					 locked may only be made after approval has been given by the Office of the
					 State Fire Marshal.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter F - Physical Environment › Section I-9079 - Facility Exterior [Formerly Section 9065]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provider shall maintain all areas of
					 the facility that are accessible to the residents in good repair and free from
					 any reasonably foreseeable hazard to health or safety. All structures on the
					 grounds of the facility shall be maintained in good repair.
1. Garbage and rubbish stored outside shall
					 be secured in noncombustible, covered containers and shall be removed on a
					 regular basis.
2. Trash collection
					 receptacles and incinerators shall be separate from recreation/play areas and
					 located as to avoid being a nuisance.
3. Recreation/playground equipment shall be
					 so located, installed, and maintained as to ensure the safety of the
					 residents.
4. Areas determined
					 unsafe, including steep grades, open pits, swimming pools, high voltage
					 boosters or high speed roads shall be fenced or have natural barriers to
					 protect residents.
5. Fences that
					 are in place shall be in good repair.
6. Residents shall have access to safe,
					 suitable outdoor recreational space and age appropriate equipment.
7. The provider shall ensure that exterior
					 areas are well lit at night.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter F - Physical Environment › Section I-9081 - Equipment [Formerly Section 9067]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Equipment shall be clean and in good
					 repair for the safety and well-being of the residents.
B. Therapeutic, diagnostic and other resident
					 care equipment shall be maintained and serviced in accordance with the
					 manufacturer's recommendations.
C.
					 Methods for cleaning, sanitizing, handling and storing of all supplies and
					 equipment shall be such as to prevent the transmission of infection.
D. After discharge of a resident, the bed,
					 mattress, cover, bedside furniture and equipment shall be properly cleaned.
					 Mattresses, blankets and pillows assigned to residents shall be in a sanitary
					 condition. The mattress, blankets and pillows used for a resident with an
					 infection shall be sanitized in an acceptable manner before they are assigned
					 to another resident.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2009.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter G - Emergency Preparedness › Section I-9085 - Emergency Plan Activation, Review, and Summary

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility's emergency plan(s) shall be
					 activated at least annually, either in response to an emergency or in a planned
					 drill. All staff shall be trained and have knowledge of the emergency
					 plan.
B. PRTFs shall conduct a
					 minimum of 12 fire drills annually with at least one every three months on each
					 shift. In addition to drills for emergencies due to fire, the facility shall
					 conduct at least one drill per year for emergencies due to a disaster other
					 than fire, such as storm, flood, and other natural disasters.
1. All staff shall participate in at least
					 one drill annually. Residents shall be encouraged to participate, but the
					 provider may not infringe upon the right of the resident to refuse to
					 participate.
2. The facility shall
					 test at least one manual pull alarm each month of the year and maintain
					 documentation of test dates, location of each manual pull alarm tested, persons
					 testing the alarm, and its condition.
3. Fire extinguishers shall be conspicuously
					 hung, kept easily accessible, shall be visually examined monthly and the
					 examination shall be recorded on a tag which is attached to the fire
					 extinguisher. Fire extinguishers shall also be inspected and maintained in
					 accordance with manufacturers' and applicable NFPA requirements. Each fire
					 extinguisher shall be labeled to show the date of such inspection and
					 maintenance.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter G - Emergency Preparedness › Section I-9087 - Notification of Evacuation, Relocation, or Temporary Cessation of Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Emergency
					 preparedness procedures shall specify the following:
1. persons to be notified;
2. process of notification;
3. verification of notification;
4. locations of emergency equipment and alarm
					 signals;
5. evacuation
					 routes;
6. procedures for
					 evacuating residents;
7. procedures
					 for re-entry and recovery;
8.
					 frequency of fire drills;
9. tasks
					 and responsibilities assigned to all personnel; and
10. medications and records to be taken from
					 the facility upon evacuation and to be returned following the
					 emergency.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter G - Emergency Preparedness › Section I-9089 - Authority to Re-Open After an Evacuation, Temporary Relocation or Temporary Cessation of Operation

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event
					 that a PRTF evacuates, temporarily relocates or temporarily ceases operation at
					 its licensed location as a result of an evacuation order issued by the state,
					 local, or parish OHSEP, due to a declared disaster or other emergency, and that
					 facility sustains damages due to wind, flooding, precipitation, fire, power
					 outages or other causes, the facility shall not be reopened to accept returning
					 evacuated residents or new admissions until surveys have been conducted by the
					 Office of the State Fire Marshal, the Office of Public Health and the Health
					 Standards Section, and the facility has received a letter of approval from the
					 department for reopening the facility.
1. The
					 purpose of these surveys is to assure that the facility is in compliance with
					 the licensing standards including, but not limited to, the structural soundness
					 of the building, the sanitation code, staffing requirements and the execution
					 of emergency plans.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter H - Additional Requirements for Mental Health PRTFs › Section I-9091 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A mental
					 health PRTF is a PRTF that provides inpatient psychiatric services to its
					 residents who are suffering from mental illness, or who are suffering from
					 co-occurring mental illness and a substance abuse/addiction disorder. In
					 addition to the provisions applicable to all PRTFs, a mental health PRTF shall
					 comply with the provisions of this Subchapter.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2009.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter H - Additional Requirements for Mental Health PRTFs › Section I-9093 - Personnel Qualifications, Responsibilities, and Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A mental health
					 PRTF shall have the following minimum personnel.
1. Administrator. The administrator shall
					 have a Bachelors degree from an accredited college or university in a mental
					 health-related field, plus at least five years of related experience. The
					 administrator is responsible for the on-site, daily implementation and
					 supervision of the overall facility's operation commensurate with the authority
					 conferred by the governing body.
a.
					 Grandfathering Provision. For a facility with a current child residential
					 license from DCFS at the time of the promulgation of this rule, the current
					 administrator may remain the administrator of the facility provided the
					 following conditions are met.
i. The
					 administrator has been the administrator on a full time basis for the facility
					 for at least five years.
ii. The
					 administrator was approved by the governing body to hold the position of
					 administrator of the PRTF.
iii. An
					 administrator under this grandfathering provision may not transfer as an
					 administrator to another PRTF.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter I - Additional Requirements for Addictive Disorder PRTFs › Section I-9095 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 addictive disorder PRTF is a PRTF that provides inpatient psychiatric services
					 to its residents who are admitted primarily for treatment for substance abuse
					 or addictive disorders, not including mental illness. In addition to the
					 provisions applicable to all PRTFs, an addictive disorder PRTF shall comply
					 with the provisions of this Subchapter.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2009.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter I - Additional Requirements for Addictive Disorder PRTFs › Section I-9097 - Personnel Qualifications, Responsibilities, and Requirements for Addictive Disorder PRTFs

Current through Register Vol. 50, No. 6, June 20, 2024
A. An addictive
					 disorder PRTF shall have the following minimum personnel.
1. Administrator. The administrator shall
					 have a bachelors degree from an accredited college or university in a mental
					 health-related field, plus at least five years of related experience. The
					 administrator is responsible for the on-site, daily implementation and
					 supervision of the overall facility's operation commensurate with the authority
					 conferred by the governing body.
a.
					 Grandfathering Provision. For a facility with a current substance abuse license
					 from LDH at the time of the promulgation of this final Rule, the current
					 administrator may remain the administrator of the facility provided the
					 following conditions are met.
i. The
					 administrator has been the administrator on a full time basis for the facility
					 for at least five years.
ii. The
					 administrator was approved by the governing body to hold the position of
					 administrator of the PRTF.
iii. An
					 administrator under this grandfathering provision may not transfer as an
					 administrator to another PRTF.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9102 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. The governing
				  body shall designate an individual who is responsible for the day-to-day
				  management of the HHA and shall ensure that all services provided are
				  consistent with accepted standards of practice.
B. Responsibilities. The governing body
				  shall:
1. conduct an annual documented review
				  of the policies and procedures, the budget, overall program evaluation,
				  statistical information, complaint resolutions, any projected changes, and
				  emergency preparedness;
2. maintain
				  written minutes of meetings with the signatures of all attendees, dates, and
				  times; and
3. receive written
				  notification of any of the following:
a. the
				  agency's administrator or clinical manager is fired, resigns, or becomes
				  incapacitated to the extent that he/she can no longer perform his/her
				  duties;
b. the agency is surveyed
				  and found to be in violation of the state law, minimum standards, Rules, or
				  regulations of LDH;
c. any other
				  grounds which adversely affect the agency's operation;
4. shall receive and acknowledge the results
				  of any QAPI evaluation; and
5.
				  maintain an organizational chart that delineates lines of authority and
				  responsibility for all home health personnel.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9103 - Personnel Qualifications and Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Administrator. The administrator shall be
				  appointed by and answer directly to the governing body of the agency. The
				  administrator of the agency shall be designated in writing. The administrator
				  shall be administratively responsible and available in person or by
				  telecommunication at all times for all aspects of facility operation. The
				  administrator and the clinical manager or the alternate clinical manager may be
				  the same individual if dually qualified. If an individual is designated as the
				  administrator for more than one agency, then he/she shall designate an
				  alternate who is a full-time, on-site employee of each agency and meets the
				  qualifications for an administrator.
1.
				  Qualifications
a. The administrator shall
				  have three years of management experience in the delivery of health care
				  service and meet one of the following criteria:
i. is a licensed physician; or
ii. is an RN; or
iii. is employed as an administrator on or
				  after January 13, 2018, and is a college graduate with a bachelor's degree;
				  or
iv. is employed as an
				  administrator prior to January 13, 2018, and has had three additional years of
				  documented experience in health care delivery service; or
v. is an administrator who has experience in
				  health service administration with at least one year of supervisory or
				  administrative experience related to home health care or a home health care
				  program.
vi.
				  Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9105 - State Licensure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Initial
				  Licensure
1. The LDH is the only licensing
				  authority for home health agencies in the state of Louisiana. To initiate the
				  review process for licensure as an HHA, the applicant shall submit the
				  following:
a. a completed home health
				  application form;
b. the required
				  fee for licensure by corporate check, certified check or money order or in
				  other manner as determined by the department. This fee is
				  non-refundable;
c. documentation of
				  a line of credit from a licensed lending agency for at least $75,000 as proof
				  of adequate finances to sustain an agency for at least six months;
d. proof of general and professional
				  liability insurance as well as worker's compensation insurance. The general and
				  professional liability coverage shall be for at least $300,000. The agency
				  shall maintain these insurance requirements at all times, and be able to
				  provide proof of insurance upon request as follows:
i. proof of general liability insurance of at
				  least $300,000 per occurrence;
ii.
				  proof of worker's compensation insurance as required by state law;
iii. 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 HHA is self-insured and is
				  not enrolled in the PCF, professional liability limits shall be $1 million per
				  occurrence/$3 million per annual aggregate.
NOTE: The LDH-Health Standards Section (HSS) shall
					 specifically be identified as the certificate holder on any policies and any
					 certificates of insurance issued as proof of insurance by the insurer or
					 producer (agent);
e. résumés and documentation of
				  qualifications for administrator and clinical manager. Additional information
				  may not be submitted after the original resumé is submitted for review,
				  except for changes in the designated positions or with approval of the
				  HSS;
f. proof of criminal
				  background investigations on the owners and administrative personnel. If the
				  agency is a corporation, proof of criminal background investigations on all
				  directors and officers shall also be submitted;
g. written documentation of any financial or
				  familial relationship with any other entity providing home health care services
				  in the state;
h. proof of
				  citizenship or a valid green card for all administrative personnel, officers,
				  directors and owners;
i. any other
				  forms for initial licensure as required by the HSS; and
j. the "doing business as" (DBA) name of the
				  agency shall not be the same or similar to another licensed HHA registered with
				  the Secretary of State.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9107 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensing Fee. A
				  licensing fee, in the amount determined by LDH, is required to be submitted
				  with the initial application. The department shall not consider an application
				  as complete without the required licensing fee.
B. Renewal Fee. A license renewal fee is
				  required to be submitted annually to the department prior to the expiration of
				  the license.
C. Change Fee. A fee
				  is required to be submitted for any change involving the agency business name
				  or address, including branch offices.
D. Change of Ownership Fee. A fee equal to
				  the amount of licensing fee is to be paid to the department by the new owner
				  when a CHOW occurs.
E. Branch Fee.
				  A fee shall be paid when a new branch office is established. The branch fee
				  shall be submitted annually with the license renewal fee.
F. Provisional License Fee. Any agency issued
				  a provisional license shall pay an additional amount equal to the annual fee
				  for each follow-up survey. Fees shall be paid to the department prior to the
				  survey being performed and shall be non-refundable.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 36:254 and
					 R.S.
					 40:2116.31 et seq.
NOTE: All fees submitted to the department shall be in
						the form of a certified check, company check, or money order or in other manner
						as determined by the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9109 - Changes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of
				  Changes. The department shall be notified in writing by mail/e-mail or by
				  facsimile no later than five days prior to the occurrence of any of the
				  following changes:
1. geographic address of
				  the parent or branch office (change fee required);
2. name of the agency (change fee
				  required);
3. mailing address (if
				  different from geographic address);
4. telephone number or FAX number of the
				  parent or branch office
5. hours of
				  operation;
6. 24-hour contact
				  procedures;
7. administrator or
				  clinical manager;
8. controlling
				  ownership; and
9. closure of the
				  agency or a branch;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9110 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  provided in §9116 and §9117 of these licensing regulations, a license
				  shall be immediately null and void if an HHA becomes non-operational.
B. A cessation of business is deemed to be
				  effective the date on which the HHA ceases offering or providing services to
				  the community and/or is considered non-operational in accordance with the
				  requirements in §9115.B 1-3.c.
C. Upon the cessation of business, the HHA
				  shall immediately return the original license to the department.
D. Cessation of business is deemed to be
				  voluntary action on the part of the agency. The HHA does not have a right to
				  appeal a cessation of business.
E.
				  Prior to the effective date of the closure or cessation of business, the HHA
				  shall:
1. give 30 days' advance written
				  notice to:
a. each patient or patient's legal
				  representative, if applicable;
b.
				  each patient's authorized healthcare provider; and
c. Health Standards
				  Section.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9111 - Denial, Revocation or Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Denial of Licensure Applications. If an
				  agency's license is revoked or denied renewal, no other HHA license application
				  shall be accepted from that agency for approval by the department for two years
				  from the date of the revocation or denial of renewal of the license.
B. Grounds for Denial or Revocation of
				  License. The LDH may deny an application for a license, refuse to renew a
				  license or revoke a license in accordance with
				  R.S.
				  40:2116.36 and
				  40:2116.37.
C. Grounds for Immediate Denial or
				  Revocation. A license shall be immediately denied or revoked if the department
				  determines that the agency either knowingly and willfully or through gross
				  negligence allowed or directed actions which resulted in:
1. - 2. ...
3. failure to protect patients or persons in
				  the community from the harmful actions of the agency employees including, but
				  not limited to coercion, threat, intimidation, solicitation and
				  harassment;
4. - 6. ...
7. bribery, harassment, or intimidation of
				  any person designed to cause that person to use the services of any particular
				  HHA;
8. pleading guilty or nolo
				  contendere to a felony, or being convicted of a felony by an owner,
				  administrator, officer, director, or clinical manager as documented by a
				  certified copy of the record of the court of conviction. If the applicant is a
				  firm or corporation, a license may also be immediately denied or revoked when
				  any of its members, officers, or the person designated to manage or supervise
				  the home care has been convicted of a felony. For purposes of this Paragraph,
				  conviction of a felony means and includes:
a.
				  - c. ...
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9113 - Informal Dispute Resolution Process, Notice and Appeal Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Informal Dispute
				  Resolution Process. An agency has one opportunity to question citations of
				  deficient practice through an informal dispute resolution process. To request
				  an informal dispute resolution discussion, the agency shall submit a written
				  request specifying the deficient practice(s) that are being disputed and why
				  the agency is questioning the deficient practice(s). The request shall be made
				  within 10 calendar days of the date of the agency's receipt of the notice of
				  the deficient practice(s). Reconsideration shall be made solely on the survey
				  report, statement of violations and all documentation the agency submits to the
				  department at the time of its request for reconsideration. Correction of a
				  violation shall not be a basis for reconsideration. Since this is an informal
				  dispute resolution discussion, it is not necessary for the agency's attorney to
				  be present. However, if the agency wishes to include their attorney in the
				  informal dispute resolution discussion, the agency shall indicate this in their
				  written request. The informal dispute resolution process is not in lieu of the
				  appeals process.
B. Notice. Notice
				  of reasons for denial of renewal or revocation of a license shall be given in
				  accordance with the current Louisiana Revised Statutes.
C. Administrative Appeal Process. When an
				  administrative appeal is requested in a timely manner, the Division of
				  Administrative Law (DAL) shall provide an administrative hearing in accordance
				  with the provisions of the Louisiana Administrative Procedure Act (APA) and the
				  current Louisiana Revised Statutes.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 36:254 and
					 R.S.
					 40:2116.31 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9115 - Agency Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hours of
				  Operation. An agency shall be required to have regular posted business hours
				  and be fully operational at least eight hours a day, five days a week between 7
				  a.m. and 6 p.m. Patient care services shall be made available as needed 24
				  hours a day, seven days a week.
B.
				  Operational Requirements
1. An HHA shall:
a. be open for the business of providing home
				  health care services;
b. post its
				  hours of operation and emergency contact procedures in a prominent and easily
				  accessible manner;
c. have an RN
				  immediately available by telecommunications at all times;
d. respond to patient care needs and
				  authorized healthcare provider orders in a timely manner;
e. be able to accept referrals at all
				  times;
f. have at least two
				  patients at all times;
g. have
				  adequate staff to provide for patient care needs according to accepted
				  standards of practice;
h. have
				  policies and procedures specific to the agency which address staff
				  responsibilities and qualifications; agency operations; patient care standards;
				  problem and complaint resolution; purpose and goals of operation; and
				  regulatory and compliance subjects;
i. have policies and procedures that are
				  written, current, and annually reviewed by appropriate personnel;
j. accept medical orders only from an
				  authorized healthcare provider or authorized healthcare provider representative
				  (e.g., hospital discharge planner);
k. use only factual information in
				  advertising;
l. have an emergency
				  preparedness plan (which conforms to the Louisiana Model Home Health Emergency
				  Preparedness Plan) designed to manage the consequences of natural disasters or
				  other emergencies that disrupt the HHA's ability to provide home health
				  services;
m. limit the geographic
				  service area of the agency to a 50-mile radius of the parent agency;
n. act as the patient advocate in medical
				  decisions affecting the patient;
o.
				  protect the patient from unsafe clinical practices;
p. ensure that staff is competent in the
				  treatments and procedures provided to patients prior to the treatments or
				  procedures being provided;
q.
				  operate within the laws and regulations of all local, federal and state
				  agencies which have authority over the operations of such businesses;
r. notify the department of any change of
				  address, services added or ceased, and change of all key employees in
				  accordance with §9109;
s.
				  maintain general and professional liability insurance and workers' compensation
				  insurance in accordance with the requirements of §9105
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9116 - Inactivation of License Due to a Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. An HHA 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 licensed agency 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 agency 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 licensed agency intends to resume
				  operation as an HHA in the same service area;
c. includes an attestation that the emergency
				  or disaster is the sole causal factor in the interruption of the provision of
				  services;
d. includes an
				  attestation that all patients have been properly discharged or transferred to
				  another provider; and
e. provides a
				  list of each patient and where that patient is discharged or transferred
				  to;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9117 - Inactivation of License Due to a Non-Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed HHA
				  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 licensed HHA shall
				  submit written notification to the HSS within 30 days of the date of the
				  non-declared emergency or disaster stating that:
a. the HHA 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
				  licensed HHA intends to resume operation as a HHA in the same service
				  area;
c. the licensed HAA attests
				  that the emergency or disaster is the sole causal factor in the interruption of
				  the provision of services; and
d.
				  the licensed HHA'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.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9118 - Operation of Branch Offices [Formally section 9117]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Branch Office Approval. No branch office
				  may be opened without written approval from the department. In order for a
				  branch office to be approved, the parent agency shall have full licensure for
				  at least one year. Branch office approval shall be renewed at the time of
				  renewal of the parent agency's license if the parent agency meets the
				  requirements for licensure.
B.
				  Identification. The branch shall be held out to the public as a branch or
				  division of the parent agency, so that the public shall be aware of the
				  identity of the agency operating the branch. Reference to the name of the
				  parent agency shall be contained in any written documents, signs, or other
				  promotional materials relating to the branch.
C. Personnel Records. Original personnel
				  files shall not be maintained at the branch office.
D. Survey. A branch office is subject to
				  survey by the department at any time to determine compliance with the minimum
				  standards which apply to HHAs.
E.
				  Operational Requirements. A branch office shall:
1. serve a part of the geographic service
				  area approved for the parent agency;
2. offer all home health services provided by
				  the parent agency;
3. retain all
				  original clinical records for its patients. Duplicate records need not be
				  maintained at the parent agency, but shall be made available to federal/state
				  surveyors during any review upon request; and
4. make personnel policies available to all
				  HHA employees, including employees of the branch office
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9119 - Personnel Policies and Records

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Personnel Policies. Each HHA shall develop and implement personnel policies.
				  The policies shall be reviewed on an annual basis and shall specify agency
				  requirements regarding the following:
1.
				  hours of work;
2. an organizational
				  chart down to the patient care level;
3. job description and realistic performance
				  expectations for each category of personnel;
4. an annual employee health screening in
				  accordance with current local, federal, and state laws;
5. an outline of the planned orientation to
				  be provided to each employee, including the length of the
				  orientation;
6. annual personnel
				  evaluations as well as annual verification of current Louisiana licensure and
				  certification of applicable health professionals;
7. continuing education related to health
				  care activities:
a. health professionals shall
				  attend inservice training as required by respective licensing boards.
b. home health aides shall attend inservice
				  training 12 hours per calendar year;
8. disciplinary actions;
9. grievance proceedings;
10. specifications for employee
				  health/safety;
11.
				  payroll;
12. criminal background
				  investigations (history check), if applicable; and
13. a process for checking the direct service
				  worker registry and the Louisiana certified nurse aide registry upon hiring an
				  employee, and every six months thereafter, to ensure that non-licensed
				  personnel do not have a finding placed against him/her of abuse, neglect, or
				  misappropriation of funds of an individual. If there is such a finding on the
				  DSW and/or CNA registry, the applicant shall not be employed, nor shall a
				  current employee have continued employment with the HHA.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9120 - Home Health Agency Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior
				  to hiring any non-licensed person, the home health agency HHA shall:
1. ensure that the individual is at least 18
				  years of age;
2. document that the
				  individual is able to read, write and compare the English language;
				  and
3. access the DSW/CNA registry
				  to determine if there is a finding that a prospective hire, or currently
				  employed or contracted non-licensed person, has been determined to have
				  committed exploitation, extortion, abuse or neglect of an individual being
				  supported, or misappropriated the individual's property or funds.
4. Access to the registry shall be limited to
				  an inquiry for a specific individual.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9121 - Emergency Preparedness

Current through Register Vol. 50, No. 6, June 20, 2024
A. The HAA
				  shall have an emergency preparedness plan which conforms to the current Office
				  of Emergency Preparedness model plan and is designed to manage the consequences
				  of natural disasters or other emergencies that disrupt the HHA's ability to
				  provide care and treatment or threaten the lives or safety of its patients. The
				  HHA is responsible for obtaining a copy of the current Home Health Emergency
				  Preparedness Model Plan from the Louisiana Office of Emergency
				  Preparedness.
B. At a minimum, the
				  agency shall have a written plan that describes:
1. the evacuation procedures for agency
				  patients who require community assistance as well as for those with available
				  caregivers to another location;
2.
				  the delivery of essential care and services to agency patients, whether they
				  are in a shelter or other locations;
3. the provisions for the management of
				  staff, including distribution and assignment of responsibilities and
				  functions;
4. a plan for
				  coordinating transportation services required for evacuating agency patients to
				  another location; and
5. assurance
				  that the agency shall notify the patient's family or caregiver, if patient is
				  evacuated to another location.