reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1309 - Format for Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose
				  and Standard of Proof. The purpose of the investigation is to determine if the
				  allegation of abuse, neglect or other unusual occurrence can be substantiated
				  by a fair preponderance of the credible evidence. That means that based upon a
				  review of the believable evidence, an incident is more likely than not to have
				  either occurred or not occurred. The investigator is to determine whether or
				  not an incident occurred, even if the investigator cannot determine the cause
				  or perpetrator of the incident. All investigations must use the standard form
				  entitled Investigation Report.
B.
				  Content of Investigation
1. Each
				  investigation shall contain:
a. a summary
				  description of any allegations, including the name and job title (or address)
				  of the person making the allegation;
b. a summary of any injuries or other harm to
				  the class member;
c. summaries or
				  verbatim transcripts of any statements made by witnesses;
d. an evaluation by the investigator of the
				  credibility of any witnesses, including any reasons for conclusions about the
				  witnesses' credibility (e.g. personal involvement, bias);
e. a summary of any statements made by
				  experts concerning their opinions as to the cause of any incident (e.g.
				  statements by a physician whether an injury is likely to have been
				  accidental);
f. an evaluation of
				  the evidence by the investigator and his/her conclusion whether the allegation
				  is valid, invalid, or invalid with concerns (listing the concerns);
g. any recommendations for corrective
				  action;
h. steps taken to protect
				  class member(s) during pendency of investigation.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1311 - Employee Discipline

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Responsibility and authority for imposition of discipline rests with the
				  facility administrator.
B. Each
				  facility shall maintain and disseminate to its employees a written policy which
				  shall include the following:
1. a clear
				  prohibition of abuse/neglect of residents as those terms are defined
				  herein;
2. the concept of
				  progressive discipline. This means that except in instances of extremely
				  serious or repeated misconduct, discipline should focus on providing additional
				  training or support for staff along with disciplinary measures short of
				  termination (e.g. probation, suspension) rather than seeking termination of the
				  employee as the first option;
3.
				  measures to protect class members from an employee suspected of abuse/neglect
				  during the pendency of any investigation. Such measures may include suspension,
				  removing the employee from contact with and/or responsibility for the class
				  member, transferring the employee to another facility or other measures as may
				  be appropriate for the circumstance;
4. a requirement that final disciplinary
				  action, if any, be taken within 48 hours of receipt of the investigation
				  report, unless an employee admits responsibility for an incident of abuse/
				  neglect or other compelling circumstances warrant immediate final action. Final
				  disciplinary action should generally await the receipt of the investigation
				  report.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1313 - Local Oversight Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Responsibility
1. Each facility shall have a
				  local oversight committee whose responsibility it is to:
a. review all reported incidents;
b. monitor, review and analyze investigations
				  of incidents;
c. make
				  recommendations to the facility administrator regarding corrective actions
				  which are designed to reduce the risk of future incidents, including but not
				  limited to recommendations regarding: staff training and orientation programs;
				  personnel policies regarding employee discipline; staffing patterns; pre
				  employment screening procedures; staff recruitment, and criteria for
				  hiring;
d. make recommendations to
				  the facility administrator regarding any corrective action plan which may be
				  requested by the Gary W. Project Office.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1315 - Procedures Following Receipt of Investigation Report

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1.
				  Within 24 hours of its completion, copies of the investigation report shall be
				  sent to:
a. the facility
				  administrator;
b. the Local
				  Oversight Committee; and
c. the
				  Gary W. Project Office.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1317 - Death

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  the other requirements of this policy, in the case of death of a class member,
				  the case manager will submit as soon as available to the Gary W. Project
				  Office, the Quality Assurance Monitoring Group/Independent Monitoring Unit, and
				  plaintiff's counsel, a summary, inclusive of the following:
1. the incident report;
2. a copy of the death certificate;
3. the date and time of day parents/guardians
				  were notified and how they were notified;
4. an autopsy report (if
				  performed);
5. a copy of social
				  summary inclusive of class member's legal status and placement
				  history;
6. a copy of the
				  investigation prepared or arranged by the Attorney General's office, as
				  mandated by law. DHH shall request such an investigation; and
7. other information as may be requested by
				  the external oversight committee or Quality Assurance Monitoring
				  Group/Independent Monitoring Unit.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1319 - Responsibilities of State Program Offices

Current through Register Vol. 50, No. 6, June 20, 2024
A. The primary responsibility of a state
				  program office (Office of Community Services; Office of Mental Health, Mental
				  Retardation and Prevention and Recovery from Alcohol and Drug Abuse - Mental
				  Health; Office of Mental Health, Mental Retardation and Prevention and Recovery
				  from Alcohol and Drug Abuse - Mental Retardation; and the Office of Eligibility
				  Determinations) relative to abuse/neglect is to provide assistance and
				  information to the Gary W. Project Office and to casemanagers. Additional
				  responsibilities include:
1. providing
				  direction, information and technical assistance to providers and facility
				  administrators as needed and directed;
2. serving as consultant to service providers
				  on specific issues pertinent to enhancing services and eliminating and/or
				  controlling problems, as directed;
3. serving as a consultant to the Gary W.
				  Project Office with respect to requests for corrective action plans;
4. making recommendations to the secretary of
				  DHH regarding sanctions and ensuring implementation of corrective action
				  plans.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1321 - Responsibilities of Gary W. Project Office

Current through Register Vol. 50, No. 6, June 20, 2024
A. The primary responsibility of the Gary W.
				  Project Office is to serve as the initial contact to facilities on incidents
				  and abuse/ neglect allegations. In addition to other responsibilities, the Gary
				  W. Project Office will:
1. collect and
				  analyze data generated by incident and abuse/neglect allegation
				  reporting;
2. draw inferences from
				  this data to make recommendations to enhance the delivery of services and to
				  eliminate and/or control incidents and abuse/neglect allegations:
3. identify trends in incidents and/or
				  allegations of abuse/neglect and recommend action if needed;
4. arrange the initial training on incident
				  and abuse/neglect policy and procedures as needed and as directed;
5. provide facilities with updated
				  information pertinent to abuse/neglect:
6. forward pertinent information to
				  casemanagers. the state program offices, the Quality Assurance Monitoring
				  Group/ Independent Monitoring Unit; the Investigative Unit; facilities, DHH's
				  Executive Management and significant others deemed appropriate;
7. serve as liaison to the Quality Assurance
				  Monitoring Group/Independent Monitoring Unit;
8. consult with the appropriate state program
				  office regarding the need for and/or content of a corrective action plan in
				  cases involving serious incidents of abuse/neglect or a pattern of
				  abuse/neglect;
9. review the
				  minutes and recommendations prepared by local oversight committees;
10. prepare a summary report every six months
				  which includes the following information:
a.
				  data related to the circumstances of allegations, when and where the allegation
				  reportedly occurred, specific precipitating factors and repeated alleged
				  victims or perpetrators:
b.
				  timeframe within which investigations were reported, investigated, and reviewed
				  for follow-up of recommendations,
c. whether allegations were found to be
				  sustained;
d. the degree of
				  employee/agency supervisory culpability;
e. type of discipline imposed and corrective
				  actions;
f. narrative summation
				  statements identifying trends and corresponding preventive/corrective
				  actions;
g. regional and provider
				  trends vis-a-vis abuse-neglect incidents.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1323 - External Oversight Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  DHH will ensure the development and maintenance of an External Oversight
				  Committee. The function of the committee is to review and monitor the entire
				  system of abuse/neglect reporting, investigation and correction, and all issues
				  associated with the operation of the DHH policy on reporting abuse, neglect,
				  death and/or mistreatment of Gary W. class-members.
B. In addition to the other reporting
				  requirements established in this policy, the Gary W. Project Office will send
				  the committee copies of its six-month summary reports. The committee will
				  review these reports to determine compliance with state policies and procedures
				  and to make recommendations for preventive/corrective action. The committee may
				  recommend new policies, legislation or administrative rules to further reduce
				  the risk of abuse/neglect of class members. Recommendations prepared by the
				  external oversight committee shall be sent to the secretary of DHH: the Gary W.
				  Project Office: the state program office and plaintiff's counsel.
C. DHH shall assure that the external
				  oversight committee has access to technical expertise in the administration of
				  programs for persons with developmental disabilities to carry out its
				  responsibilities under this policy.
D. As long as the Office of the Special
				  Master and/or the Quality Assurance Monitoring Group exists, it shall perform
				  all the functions of the committee set out above. Upon the termination of the
				  order relating to the Independent Monitoring Unit, the parties shall submit
				  recommendations for an independent monitoring unit to the court and the court
				  will select and appoint a unit to undertake these activities and serve as the
				  external oversight committee.
AUTHORITY NOTE:
					 Promulgated in accordance with Gary W., et al.. vs. State of Louisiana. Civil
					 Action 74-2412.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1325 - Sanctions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provider
				  will be subject to sanctions, penalties, or possible withdrawal of client for
				  failure to comply with this policy or with requests issued by DHH pursuant to
				  this policy. The severity of such action will depend on:
1. the nature of the violation (degree to
				  which a class member's safety. well-being and care have been
				  jeopardized):
2. the frequency of
				  the violation:
3. the persistent
				  failure to follow DHH/facility policy and procedure.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1327 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				  with R.S. 46:56 and
				  14:403,
				  the identity of a reporter of an abuse/neglect allegation cannot be
				  revealed.
B. All state and federal
				  laws as well as DHH's policy on confidentiality apply to this policy.
AUTHORITY NOTE:
					 Promulgated in accordance with Gary W., et al., vs. State of Louisiana, Civil
					 Action 74-2412.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1329 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Coordination of
				  training for the policy shall be the responsibility of DHH.
AUTHORITY NOTE:
					 Promulgated in accordance with Gary W.. et al., vs. State of Louisiana, Civil
					 Action 74-2412.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1331 - Provider Contracts/Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  All contracts/agreements between DHH and providers of day and residential
				  services to class members shall state that the provider agrees to be bound by
				  the terms and provisions of this policy.
AUTHORITY NOTE:
					 Promulgated in accordance with Gary W.. et al., vs. State of Louisiana, Civil
					 Action 74-2412.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1333 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. None of the
				  above is intended to replace, modify or otherwise change existing
				  office/departmental procedures regarding the investigation of deaths or
				  allegations of abuse, neglect or mistreatment. This procedure is solely for the
				  purpose of ensuring that Gary W. classmembers are protected from harm and are
				  provided safe environments.
AUTHORITY NOTE:
					 Promulgated in accordance with Gary W., et al., vs. State of Louisiana, Civil
					 Action 74-2412.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1399 - Appendices › Appendix I-A - Procedures Governing Time Out

Current through Register Vol. 50, No. 6, June 20, 2024
These standards shall apply to "time out"
						procedures:
1. They are to be imposed
					 only when less restrictive measures are not feasible;
2. Placement shall be in an unlocked room
					 with a staff member constantly nearby in a place where the staff member can
					 supervise the class member;
3. The
					 class member shall have access to bathroom facilities as needed;
4. The period of isolation or segregation
					 shall not exceed 12 hours unless renewed by a qualified professional;
5. Except in an emergency situation in which
					 it is likely that a class member would harm himself or others, the decision to
					 place a class member in "time out" shall be made pursuant to a written order by
					 a qualified professional, following a personal interview with the class member,
					 and an evaluation of the episode or situation said to require isolation or
					 segregation. Any such order must specify the terms and conditions of "time out"
					 and the rationale for the decision; and
6. Emergency use of "time out" shall be
					 authorized only by the facility administrator, shall be limited to a period of
					 not more than one hour and shall conform to all of the provisions set forth in
					 subparagraphs 1 - 3 of this Appendix.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1399 - Appendices › Appendix I-B - Procedures Governing Use of Physical Restraints

Current through Register Vol. 50, No. 6, June 20, 2024
Procedures Governing Use of Physical Restraints
Physical restraints shall be employed only when
						absolutely necessary to protect the class member from injury to himself or to
						prevent injury to others. Restraints shall not be employed as punishment, for
						the convenience of staff, or as a substitute for a treatment program. A class
						member shall be restrained only if alternative techniques have failed and only
						if such restraint imposes the least possible restriction consistent with its
						purpose; and then only in accordance with the following standards:
1. An order for restraint shall be in writing
					 and shall not be in force for longer than 12 hours.
2. Except in an emergency situation, only
					 qualified professionals may authorize the use of restraints.
3. A class member placed in restraint shall
					 be checked at least every 30 minutes by staff trained in the use of restraints,
					 and a record of such checks shall be made.
4. Mechanical restraints shall be designed
					 and used so as not to cause physical injury to the class member and so as to
					 cause the least possible discomfort.
5. Opportunity for motion and exercise shall
					 be provided for a period of not less than ten minutes during each two hours in
					 which restraint is employed.
6.
					 Daily reports shall be made to the facility administrator by those qualified
					 professionals ordering the use of restraints, summarizing all such use of
					 restraint, the types used, the duration, and the reasons therefor.
7. Emergency use of restraints shall be
					 authorized only by the facility administrator, shall be limited to a period of
					 not more than one hour, and shall conform to all of the provisions set forth in
					 subparagraphs 3 - 5 of this Appendix.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members › Section I-1399 - Appendices › Appendix I-C - Procedures Governing the Use of Medications

Current through Register Vol. 50, No. 6, June 20, 2024
Procedures Governing the Use of Medications
1. No medication shall be administered unless
					 a written order of a physician prescribes it in writing.
2. The medication prescribed for each class
					 member shall be noted in his records. At least monthly the attending physician
					 shall review the drug regimen of each class member under his care. All
					 prescriptions shall be written with a termination date, which shall not exceed
					 30 days. The class member's records shall state the effects of psychoactive
					 medication on the class member. Unnecessary or excessive medication shall not
					 be administered to any class member.
3. Medication shall not be used as
					 punishment, for the convenience of staff, as a substitute for a treatment
					 program, or in quantities that interfere with the class member's treatment
					 program.
4. No medication shall be
					 administered except by persons who have been appropriately trained.
AUTHORITY NOTE:
						Promulgated in accordance with Gary W., et al., vs. State of Louisiana, Civil
						Action 74-2412.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 15 - DHHR Pre-Movement Staffing Policy and Procedures for Gary W. Classmembers › Section I-1501 - Policy Statement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following policy and procedures are in effect immediately and remain in effect
				  for each classmember pending completion of the 2.1 evaluation process and
				  implementation of a final individual comprehensive service plan. While DHHR
				  intends to hold the movement of classmembers to a minimum during the evaluation
				  process, it must be recognized that in some instances delaying a move may not
				  be possible or in a classmember's long-ranged interests. It is, therefore, the
				  intent of the process outlined below that careful review, planning, and
				  consideration, with accompanying documentation, will be required in
				  transferring a classmember to another facility or community-based residence.
				  The policy assumes that, where appropriate, proposed residential placements
				  have been reviewed and approved through the regional review process.
				  Pre-movement staffing procedures will in no way replace the Regional Review
				  Committee within its defined scope of responsibility.
AUTHORITY NOTE:
					 Promulgated in accordance with Gary W. et al vs. State of Louisiana et al,
					 Civil Action 74-2412.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 15 - DHHR Pre-Movement Staffing Policy and Procedures for Gary W. Classmembers › Section I-1503 - Notice of Intent to Move Classmembers (under ordinary circumstances)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Responsibility
				  for notification rests with the facility from which transfer will be
				  made.
B. Time of notification is 30
				  days prior to date of transfer.
C.
				  Parties to be notified include the following:
1. classmember;
2. classmember's parent or guardian or
				  representative;
3. responsible
				  office (OMR, OHD, OMHSA, etc.) headquarters;
4. Gary W. Project Office;
5. OHD Case Coordinator.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 15 - DHHR Pre-Movement Staffing Policy and Procedures for Gary W. Classmembers › Section I-1505 - Pre-Movement Staffing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose
				  of the staffing is to review appropriateness of proposed new living
				  arrangements and associated program components to meeting the habilitative
				  needs of a classmember for whom movement is planned.
B. Functions of the team are defined below:
1. to assure adequacy of the plan;
				  and
2. to accept the plan as
				  presented; or
3. to reject the plan
				  as presented; or
4. to modify the
				  plan or make recommendations for its enhancement.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 15 - DHHR Pre-Movement Staffing Policy and Procedures for Gary W. Classmembers › Section I-1507 - Documentation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A report of the
				  pre-movement staffing will include significant items of discussion and
				  rationale for decisions made by the team.
B. Parties present for the staffing,
				  including classmember, parent or guardian or representative, and the special
				  master or her designee, will sign an attendance sheet.
C. The report of the meeting, the movement
				  plan, and the attendance sheet will be filed in the classmember's case record.
				  A copy will be sent to the Gary W. coordinator for DHHR. The Gary W.
				  coordinator will forward a copy to the special master.
AUTHORITY NOTE:
					 Promulgated in accordance with Gary W. et al vs. State of Louisiana et al,
					 Civil Action 74-2412.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 15 - DHHR Pre-Movement Staffing Policy and Procedures for Gary W. Classmembers › Section I-1509 - Extraordinary Circumstances

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Extraordinary circumstances include the following:
1. medical emergency with implications for
				  extended disability, and when such disability or serious threat to health
				  requires a change in residential placement before the pre-movement conference
				  could reasonably be scheduled;
2.
				  behavioral emergency wherein classmember's behavior represents a serious threat
				  to his/her safety or to the safety of others. (Property damage with significant
				  financial or legal consequences or with concurrent risk of physical harm may
				  also be considered.);
3. loss of
				  current placement as a residential resource for classmember;
4. sudden opportunity for a less restrictive
				  placement where prior planning has indicated that this is
				  appropriate;
5. demand for movement
				  by parent or guardian of a voluntary minor or by tutor of curator of an adult
				  under continuing tutorship or interdiction;
6. demand for movement, presented in writing,
				  by a voluntarily admitted classmember of majority age who has not been
				  interdicted;
7. arrest or judicial
				  commitment to another facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 15 - DHHR Pre-Movement Staffing Policy and Procedures for Gary W. Classmembers › Section I-1511 - Exception to Pre-Movement Staffing Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Acute treatment of medical or psychiatric
				  illness, when it is reasonable to expect that the classmember will return to
				  his/her previous residential placement, will not require implementation of the
				  procedures outlined in this policy. Should it, however, become evident during
				  the course of acute treatment, that the classmember will require extended
				  medical or psychiatric care or a new residential placement, notification and
				  staffing requirements will be met. Timelines will begin with the time at which
				  a determination is made that the classmember is not likely to return to his/her
				  residential placement within a reasonably predictable period of time.
B. Elopement, when the whereabouts of a
				  classmember is unknown, will not require publication and staffing as described
				  in this policy.
AUTHORITY NOTE:
					 Promulgated in accordance with Gary W. et al vs. State of Louisiana et al,
					 Civil Action 74-2412.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 15 - DHHR Pre-Movement Staffing Policy and Procedures for Gary W. Classmembers › Section I-1513 - Complications to Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Department of Health and Human Resources or its offices will not be deemed to
				  be in violation of this policy because of any of the following events when
				  every reasonable effort has been made to comply or to reach compromise
				  solutions:
1. refusal or inability of a
				  classmember, parent, guardian or representative to attend a staffing conference
				  within prescribed time frames;
2.
				  refusal of any staff person not employed by or through contract with the
				  Department of Health and Human Resources to attend a staffing conference within
				  prescribed time frames;
3. refusal
				  or inability of a classmember or his/her parent, guardian, or representative to
				  provide placement or program information within prescribed time frames for the
				  staffing conference;
4. refusal of
				  any person or agency not a part of or under contract with DHHR to provide
				  placement or program information for the staffing conference within prescribed
				  time frames;
5. refusal of the
				  special master to attend or to appoint a representative to the staffing
				  conference within prescribed time frames;
6. refusal of the classmember, or his/her
				  parent, guardian, or representative to accept or follow the recommendations of
				  the pre-movement staffing team;
7.
				  refusal of residential or program provider to accept or follow the
				  recommendations of the pre-placement staffing team when that provider is not a
				  part of or under contract with DHHR;
8. Any other circumstances beyond the direct
				  control of DHHR.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 16 - Admissions Criteria for Inpatient Facilities › Section I-1601 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				  with the requirements of Act 1249 of the 2003 Regular Session of the Louisiana
				  Legislature, the Department of Health and Hospitals adopts admission criteria
				  for inpatient facilities operated by the Department of Health and Hospitals.
				  Admission criteria are specific to each DHH Office that operates inpatient
				  facilities as indicated in this Rule. In accordance with
				  R.S.
				  28:20(B) no person shall be
				  admitted voluntarily, involuntarily, by court order, or by commitment to a
				  department facility unless the person meets the criteria set forth in this Rule
				  and Act 1249.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 28:20 and
					 R.S.
					 28:311(11).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 16 - Admissions Criteria for Inpatient Facilities › Section I-1603 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Adult
-anyone age 18 and over.
Axis I Diagnosis
-a reporting group in the
					 Diagnostic and Statistical Manual for all the various mental disorders or
					 conditions in the Classification except for Personality Disorders and Mental
					 Retardation.
Child
-anyone under age 18.
DSM
-the Diagnostic and Statistical Manual
					 that has a multi-axial system that includes an assessment on several axes, each
					 of which refers to a different domain of information that may help the
					 clinician plan treatment and predict outcomes.
Level of Functioning Scale
-assessment
					 tool that passes defined standards for use as an evaluative tool and is thereby
					 provided for professional use to define the degree to which an individual is
					 capable of accomplishing various skills associated with managing activities of
					 daily living.
Mental Retardation
-significantly
					 sub-average general intellectual functioning existing concurrently with
					 deficits in adaptive behavior, and manifested during the developmental
					 period.
OAD
-the Office for Addictive Disorders in
					 the Department of Health and Hospitals.
OMH
-the Office of Mental Health in the
					 Department of Health and Hospitals.
Related Condition
-a severe chronic
					 disability that meets all the following criteria:
1. it is attributable to:
a. cerebral palsy or epilepsy; or
b. any other condition, other than mental illness, found
						to be closely related to mental retardation because this condition results in
						impairment of general intellectual functioning or adaptive behavior similar to
						that of mentally retarded persons, and requires treatment or services similar
						to those required for these persons;
2. it is manifested before the person reached age
						22;
3. it is likely to continue indefinitely; and
4. it results in substantial functional limitations in
						three or more of the following areas of major life activity:
a. self-care;
b. understanding and use of language;
c. learning;
d. mobility;
e. self-direction; or
f. capacity for independent living.
Single Point of Entry
									 (SPOE)
-that process by which an individual is screened by an agent
									 within an Office of Mental Health
(OMH)
service area who is
									 responsible for certifying that the individual meets the criteria for admission
									 to an
OMH
inpatient facility.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 28:20 and
					 R.S.
					 28:311(11).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 16 - Admissions Criteria for Inpatient Facilities › Section I-1605 - Inpatient Facilities Operated by the Office of the Secretary

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  admission requirements apply to New Orleans Home and Rehabilitation Center and
				  Villa Feliciana Medical Complex, both of which are long term care facilities
				  operated by the Office of the Secretary.
B. Initial Requirements for Admission
				  Consideration
1. The person has a medical
				  condition(s) that require the supervision and treatment in a facility that
				  provides 24-hour nursing care.
2.
				  Pre-admission screening procedures for the Medicaid program must be followed to
				  ensure appropriateness of admission.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 16 - Admissions Criteria for Inpatient Facilities › Section I-1607 - Inpatient Mental Health Facilities Operated by the Office of Mental Health

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to
				  be admitted a person must qualify as a candidate for services in an inpatient
				  setting as indicated on a published Level of Functioning Scale or other
				  instrument identified by the Office of Mental Health as clinically appropriate.
				  Such Level of Functioning Scale must be based on scientifically accepted
				  practice standards and must demonstrate adequate psychometric properties of
				  validity and reliability. The person must also meet the standard for inpatient
				  care as specified in the Office of Mental Health Single Point of Entry (SPOE)
				  Admissions Criteria, which is specified in the following.
B. Adult Admission Criteria. At least one
				  criterion from Severity of Illness must be met and all of the Intensity of
				  Service Criteria must be met.
1. Severity of
				  Illness Criteria (Must meet one or more of a, b, or c)
a. Patient presents as a danger to self as
				  evidenced by:
i. a suicide attempt within the
				  past 72 hours; or
ii. documentation
				  that the patient has a current suicide plan, specific suicide intent, or
				  recurring suicidal ideation; or
iii. documentation of self-mutilative
				  behavior occurring within the past 72 hours.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 16 - Admissions Criteria for Inpatient Facilities › Section I-1609 - Intermediate Care Facilities/Mental Retardation (ICF/MR) Facilities Operated by the Office of Mental Health

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Referral for persons not currently residents of an ICF/MR facility should come
				  through the State Office for Citizens with Developmental Disabilities (OCDD)
				  Regional Office System responsible for serving the individual but referrals
				  from other community sources or the individual's family will also be
				  considered. Persons seeking admission or for whom admission is sought to an
				  ICF/MR facility must meet the following admissions criteria:
1. age 18 years or above;
2. DSM diagnosis of Mental Retardation and/or
				  Developmental Disability;
3. DSM
				  diagnosis of mental illness;
4. can
				  reasonably be expected to benefit from Community Home (CH) active treatment
				  program;
5. must demonstrate
				  compatibility with the physical, cognitive, social and behavioral development
				  exhibited by the individuals in the home where the applicant is to reside and
				  also in the day program as indicated by a published Level of Functioning Scale
				  or other instrument identified by the Office of Mental Health (OMH) as
				  clinically appropriate. Such Level of Functioning Scale must be based on
				  scientifically accepted practice standards and must demonstrate adequate
				  psychometric properties of validity and reliability;
6. must be certifiable for SSI and Medicaid
				  Services;
7. must demonstrate
				  ability to control self and not present a danger to self or others as evidenced
				  by a lack of suicide attempts, suicide plans or self-injurious behaviors within
				  the last three months, and a lack of aggressive behaviors or threatening
				  behaviors towards others within the last three months; and
8. must volunteer for admission and agree to
				  follow rules and actively participate in the program.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 16 - Admissions Criteria for Inpatient Facilities › Section I-1611 - The Office for Citizens with Developmental Disabilities (OCDD)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  admission requirements apply to the developmental centers and community- homes
				  operated by the OCDD.
1. Initial Requirements
				  for Admission Consideration
a. The person
				  must meet the criteria for participation in the Mental
				  Retardation/Developmental Disabilities (MR/DD) Services System in Louisiana's
				  MR/DD law. The person's generic service plan (Plan of Support) must contain a
				  recommendation for admission to an Intermediate Care Facility for the Mentally
				  Retarded. The plan must also document the team (which includes the individual
				  and/or family) consideration of what meets the individual's needs, and no more,
				  and the most natural living option available, consistent with an individual's
				  community peers.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 16 - Admissions Criteria for Inpatient Facilities › Section I-1613 - Inpatient Substance Abuse Treatment Programs Operated by the Office for Addictive Disorders

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Admissions
1. Admission to primary treatment
				  centers will be from a statewide population.
2. Any client exhibiting major medical
				  symptoms or major psychiatric symptoms, indicating immediate need, will be
				  referred for services of an acute care hospital or acute psychiatric unit. Once
				  stabilized, OAD will evaluate for admission to an inpatient treatment
				  program.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 17 - Block Grants › Section I-1701 - Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				  Department of Health and Human Resources (DHHR) has adopted and will continue
				  to adopt a rule to administer block grant federal funding for each fiscal year
				  1985-86. These federal funds will be administered in accordance with P.L.
				  97-35, the Omnibus Budget Reconciliation Act of 1981, and federal regulations
				  as published in the Federal Register, Vol. 45, No. 190, Thursday October 1,
				  1981 pp. 48582-48598 and Vol. 47, No. 129, Tuesday, July 6, 1982, pp.
				  29472-29493. The rules apply to the Alcohol and Drug Abuse and Mental Health
				  Services Block Grant, the Maternal and Child Health Services Block Grant and
				  the Preventive Health Services Block Grant, the Low-Income Home Energy
				  Assistance Block Grant, and the Social Services Block Grant.
AUTHORITY NOTE:
					 Promulgated in accordance with P.L. 97-35.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 17 - Block Grants › Section I-1703 - Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. The DHHR offices
				  responsible for administration of programs and services in the block grants are
				  as follows:
1. Alcohol and Drug Abuse and
				  Mental Health Services, Office of Mental Health and the Office of Prevention
				  from Alcohol and Drug Abuse;
2.
				  Maternal and Child Health Services, Office of Preventive and Public Health
				  Services;
3. Preventive Health and
				  Health Services, Office of Preventive and Public Health Services;
4. Low Income Home Energy Assistance, Office
				  of Human Development;
5. Social
				  Services, Office of Human Development.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 18 - Homeless Trust Fund › Section I-1801 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In this Chapter:
DSS
-the Department of Social Services
					 (Office of Community Services).
Fund
-the Louisiana Homeless Trust Fund
					 established by
					 R.S. 46:591
					 through
					 46:595.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 46:591
					 et seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 18 - Homeless Trust Fund › Section I-1803 - Application Requests

Current through Register Vol. 50, No. 6, June 20, 2024
A. To receive
				  an application, an organization that aids the homeless must submit a written
				  request to DSS containing the following information:
1. name of the organization;
2. mailing address of the
				  organization;
3. phone number of
				  the organization;
4. contact person
				  within the organization; and
5.
				  proof of the organization's nonprofit and tax exempt status or of nonprofit
				  application pending.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 18 - Homeless Trust Fund › Section I-1805 - Application Requirements and Deadlines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The application for funds must contain:
1. name and mailing address of the
				  organization;
2. names and
				  addresses of the organization's Board of Directors;
3. certification of the organization's
				  nonprofit and tax exempt status or of nonprofit application pending;
4. brief history of the organization and its
				  programs;
5. description of the
				  proposed use of the requested funds;
6. description of the unmet needs of the
				  homeless in the organization's community, including the source of the
				  information;
7. itemized budget and
				  budget justification for the Trust Fund proposal;
8. summary of organization's annual budget
				  and sources of income;
9.
				  documentation of the availability of matching funds for the proposal.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 18 - Homeless Trust Fund › Section I-1807 - Review of Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. DSS will
				  review complete applications in the order the applications are
				  received.
B. DSS shall evaluate
				  each application according to the following factors:
1. the extent to which the proposal meets the
				  needs of the homeless in the organization's service community, as identified by
				  the most recent report of the Louisiana Interagency Council on the
				  Homeless;
2. the extent to which
				  the organization requires Homeless Trust Fund monies as an equivalent match for
				  other homeless assistance funding;
3. the demonstrated success of the program in
				  meeting the needs of the homeless, if the proposal concerns an existing
				  program;
4. the extent to which the
				  proposal provides for direct services or housing needs, rather than
				  administrative services; and
5.
				  other factors as identified in DSS's solicitation for grant
				  applications.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 18 - Homeless Trust Fund › Section I-1809 - Notification and Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. DSS
				  shall notify applicants of award decisions no later than 30 days after the date
				  of DSS's decision.
B. An
				  organization shall notify DSS in writing and by mail of whether the
				  organization accepts the award no later than 30 days after the date the
				  organization received DSS's notification.
C. DSS shall publish in the
Louisiana
				  Register
a list of all projects funded during the previous state
				  fiscal year.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 46:591
					 et seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 18 - Homeless Trust Fund › Section I-1811 - Emergency Grants

Current through Register Vol. 50, No. 6, June 20, 2024
A. At any time,
				  DSS may authorize an emergency grant of up to $2,000 to an organization that
				  aids the homeless, as long as funding is available. A request for an emergency
				  grant must state the immediate nature of the request and comply with
				  §1805. A of this rule.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 46:591
					 et seq.