Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter F - Provider Responsibilities › Section I-8591 - Visitation by Close Family Members of a Resident During a Declared Public Health Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
					 purposes of this Section, a public health emergency (PHE) means a declaration
					 made pursuant to the Health Emergency Powers Act,
					 R.S.
					 29:760 et seq.
B. ICF/DDs shall comply with any federal law,
					 regulation, requirement, order, or guideline regarding visitation in ICF/DDs
					 issued by any federal government agency during a declared PHE. The provisions
					 of the licensing rules in §8591 C-G shall be preempted by any federal
					 statute, federal regulation or guidance from a federal government agency that
					 requires an ICF/DD to restrict resident visitation in a manner that is more
					 restrictive than the rules.
C.
					 ICF/DDs shall comply with any Louisiana state health officer (SHO) order or
					 emergency notice regarding visitation in ICF/DDs during a declared
					 PHE.
D. ICF/DDs shall comply with
					 any executive order or proclamation issued by the governor of the state of
					 Louisiana regarding visitation in ICF/DDs during a declared PHE.
E. The provisions of this Section regarding
					 visitation by a close family member of a resident of an ICF/DD to visit the
					 resident during any state of PHE shall apply to all ICF/DDs licensed by
					 LDH.
F. For purposes of this
					 Section, a close family member shall mean a parent, step-parent, sibling,
					 step-sibling, aunt, uncle, child, step-child, spouse, mother-in-law,
					 father-in-law, grandparent, grandchild, or legal representative of the ICF/DD
					 resident.
G. Subject to compliance
					 with the requirements of §8591 B-D, each ICF/DD shall allow close family
					 members of the residents to visit a resident of the ICF/DD during a declared
					 PHE when a resident, or his legal or designated representative, requests a
					 visit with close family members of the resident, subject to the following
					 conditions and requirements:
1. Each ICF/DD
					 shall have a written policy and procedure addressing visitation by close family
					 members of the resident. A copy of the written policy and procedure shall be
					 available, without cost, to the resident and his legal or designated
					 representative, upon request. The ICF/DD shall provide a link to an electronic
					 copy of the policy and procedure to close family members of the residents, upon
					 request.
2. An ICF/DD's policy and
					 procedure regarding visitation by close family members may adopt reasonable
					 time, place, and manner restrictions, provided that such restrictions are
					 implemented by the ICF/DD, in consultation with appropriate medical personnel,
					 for the purpose of mitigating the possibility of transmission of any infectious
					 agent or infectious disease or for the purpose of addressing the medical
					 condition or clinical considerations of an individual resident.
3. An ICF/DD's policy and procedure on
					 visitation by close family members shall, at a minimum, require the following:
a. that the ICF/DD shall give special
					 consideration and priority for visitation by close family members and other
					 designated persons to residents receiving end-of-life care;
b. that visitation by close family members
					 and other designated persons may be screened for infectious agents or
					 infectious diseases and will pass such screening prior to each visitation,
					 utilizing at least the current screening or testing methods and protocols
					 recommended by the Centers for Disease Control and Prevention, as applicable;
					 if there is a current Louisiana SHO order or emergency notice that requires
					 more rigorous screening or testing methods and protocols, then the ICF/DD shall
					 utilize those methods and protocols;
c. that a close family member or other
					 designated person may not be allowed to visit an ICF/DD resident if such close
					 family member or other designated person has obvious signs or symptoms of an
					 infectious agent or infectious disease, or if such close family member or other
					 designated person tests positive for an infectious agent or infectious
					 disease;
d. that a close family
					 member or other designated person may not be allowed to visit an ICF/DD
					 resident if the close family member and other designated person refuses to
					 comply with the provisions of the ICF/DD's policy and procedure or refuses to
					 comply with the ICF/DD's reasonable time, place, and manner
					 restrictions;
e. that close family
					 members and other designated persons may be required to wear personal
					 protective equipment as determined appropriate by the ICF/DD, considering the
					 resident's medical condition or clinical considerations;
i. at the ICF/DD's discretion, personal
					 protective equipment may be made available by the ICF/DD to close family
					 members and other designated persons;
f. that an ICF/DD's policy and procedure
					 include provisions for compliance with a Louisiana state health officer (SHO)
					 order or emergency notice or governor's executive order or proclamation
					 limiting visitation during a declared PHE;
g. that an ICF/DD's policy and procedure
					 include provisions for compliance with any federal law, regulations,
					 requirements, orders, or guidelines issued by any federal government agency
					 regarding visitation in ICF/DDs during a declared PHE;
h. that the resident and close family members
					 shall have the right to consensual, nonsexual physical contact such as hand
					 holding or hugging; and
i. that
					 includes provisions for off-site visitation, allowing a close family member to
					 visit an ICF/DD resident away from the facility campus; the policy and
					 procedure shall include requirements for allowing the resident to return to the
					 facility upon certain conditions, such as meeting testing and isolation
					 requirements recommended by the CDC, the Centers for Medicare and Medicaid
					 Services (CMS), a Louisiana SHO order or emergency notice, or a governor's
					 executive order or proclamation.
4. An ICF/DD shall submit a written copy of
					 its visitation policies and procedures on close family member visitation, to
					 the Health Standards Section surveyors of the LDH at the initial licensure
					 survey.
5. After licensure, an
					 ICF/DD shall make its visitation policies and procedures available for review
					 by the Department of Health at any time, upon request.
6. An ICF/DD shall within 24 hours after
					 establishing its written policies and procedures on close family member
					 visitation, make its written policies and procedures easily accessible from the
					 home page of its website.