reglab/statecodes huggingface dataset:
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-9123 - Patient Care Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Admission
				  Criteria. The HHA shall follow written policies in making decisions regarding
				  the acceptance of patients for care. Decisions shall be based upon medical and
				  social information provided by the patient's attending authorized healthcare
				  provider, and the patient and/or the family as well as the agency resources
				  available to meet the needs of potential patients. The HHA shall accept
				  patients for care without regard to age, color, creed, sex, national origin or
				  handicap. Patients shall be admitted to an agency based on the following
				  written criteria:
1. the ability of the
				  agency and its resources to provide services on a timely basis and available
				  within 24 hours unless specified otherwise by authorized healthcare provider's
				  orders and in accordance with the needs of the patients;
2. the willingness of the patient and
				  caregiver to participate in the POC;
3. the patient's medical, nursing or social
				  needs can be adequately met in his/her residence; and
4. all other criteria required by any
				  applicable payor source(s).
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-9127 - Contract Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. An agency
				  may contract with other companies or individuals to provide services to a
				  patient. However, the agency is responsible for the management of the patient's
				  care and for all services provided by the contractor or its personnel.
1. Contract Requirements. Whenever services
				  are provided by an outside agency or individual, there shall be a written
				  contract. The contract shall include each of the following items:
a. designation of the services which are
				  being arranged for by contract;
b.
				  specification of the period of time that the contract is to be in effect, if it
				  is for a specified time period;
c.
				  a statement that services provided to the patient are in accordance with a POC
				  established by the patient's authorized healthcare provider in conjunction with
				  the HHA staff and, when appropriate, others involved in the patient's
				  care;
d. a statement that services
				  are being provided within the scope and limitations set forth in the POC, and
				  may not be altered in type, scope, or duration by the contractor;
e. assurance that the contractor meets the
				  same requirements as those specified for HHA personnel such as staff
				  qualifications, functions, evaluations, orientation and in-service training.
				  The agency shall be responsible for assuring the contractor's compliance with
				  the personnel policies required for an HHA during the contractual
				  period;
f. assurance that the
				  contractor completes the clinical record in the same timely manner as required
				  by the staff personnel of the agency;
g. payment of fees and terms; and
h. assurance that reporting requirements are
				  met.
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-9129 - Clinical Records

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Requirements. A clinical record containing past and current findings shall be
				  maintained either electronically or in paper form for every patient who is
				  accepted by the agency for home health service and shall be accessible to
				  authorized agency staff as needed. In addition, the agency shall comply with
				  the following requirements for clinical records.
1. The information contained in the clinical
				  record shall be accurate and immediately available to the patient's authorized
				  healthcare provider and appropriate HHA staff. The record may be maintained
				  electronically.
2. All entries
				  shall be legible, clear, complete, and appropriately authenticated and dated.
				  Authentication shall include signatures or a secured computer entry with the
				  unique identifier of a primary author who has reviewed and approved the
				  entry.
3. The original clinical
				  records of active patients may be kept in the branch office for the convenience
				  of the staff providing services. The records of patients whose services are
				  provided by parent office staff shall be kept in that office.
4. All clinical records shall be safeguarded
				  against loss, destruction and unauthorized use.
5. A signed consent for treatment form shall
				  be obtained from the patient and/or the patient's family and retained in the
				  record.
6. When applicable, a
				  signed release of information form shall be obtained from the patient and/or
				  the patient's family and a copy shall be retained in the record.
7. Records maintained either in paper or
				  electronically shall be made available to LDH staff upon request.
8. Records shall be retained either
				  electronically or in paper form for a period of not less than six years from
				  the date on which the record was established and, if there is an audit or
				  litigation that involves the records, the timeframe may be extended.
9. The agency shall have internal policies
				  that provide for the retention of clinical records even if the agency
				  discontinues operation.
10.
				  Repealed.
11. 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-9131 - Quality Assessment and Performance Improvement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The HHA shall develop, implement,
				  evaluate, and maintain an effective, ongoing, HHA-wide, data-drive quarterly
				  quality assessment and performance improvement (QAPI) program. The HHA's
				  governing body shall ensure that the program reflects the complexity of its
				  organization and services; involves all HHA services (including those services
				  provided under contract or arrangement); focuses on indicators related to
				  improved outcomes and takes actions that address the HHA's performance across
				  the spectrum of care.
B. The HHA
				  shall maintain documentary evidence of quarterly QAPI activities and be able to
				  demonstrate its operation. The evaluation shall consist of an overall policy
				  and administrative review and a quarterly clinical record review. The
				  evaluation shall assess the extent to which the agency's program is
				  appropriate, adequate, effective, and efficient. The results of the quarterly
				  QAPI evaluation shall be reported to the governing body which is legally
				  responsible for the operation of the agency.
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 92 - Direct Service Worker Registry › Subchapter A - General Provisions › Section I-9202 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department
					 of Health (LDH) shall maintain a registry of individuals for whom specific
					 findings of abuse, neglect, misappropriation, exploitation or extortion have
					 been substantiated by the department, an administrative law judge, or a court
					 of law.
B. The Direct Service
					 Worker Registry will contain the following items on each individual for whom a
					 finding has been placed:
1. name;
2. address;
3. Social Security number;
4. an accurate summary of finding(s);
					 and
5. information relative to
					 registry status which will be available through procedures established by the
					 Health Standards Section (HSS).
6.
					 Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter C - Provider Participation › Section I-9231 - Health Care Provider Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to hiring any DSW or trainee, the
					 licensed and/or certified health care provider shall:
1. ensure that the individual is at least 18
					 years of age;
2. document that the
					 individual is able to read, write and comprehend the English language;
					 and
3. access the registry in
					 accordance with the provisions of
					 §9202 C-C.1.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9241 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless
					 authorized to provide medication administration or non-complex tasks by another
					 state law or regulation, all direct service workers providing medication
					 administration or non-complex tasks shall comply with the provisions of
					 Subchapter D of this Rule.
B. In
					 order to perform any of the authorized procedures specified in this Subchapter,
					 the direct service worker shall not have a finding placed against him/her on
					 the DSW Registry. Any direct service worker who has had a finding placed
					 against him/her on the Direct Service Worker Registry shall not perform any of
					 the authorized procedures specified in this Subchapter.
C. The medication administration and
					 non-complex tasks authorized by this Subchapter may be performed only in home
					 and community-based settings by DSWs who meet the requirements of this
					 Subchapter. The requirements of this Subchapter are in addition to the general
					 training, competency, and provider requirements which generally govern direct
					 service workers.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						37:1031-1034.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9243 - General Requirements for the Performance of Medication Administration and Noncomplex Tasks in Home and Community-Based Settings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A registered nurse shall authorize and
					 monitor medication administration and noncomplex tasks performed by the direct
					 service workers. In order for the RN to authorize these tasks, the direct
					 service worker shall:
1. be employed or
					 contracted by an agency licensed and/or certified by the Health Standards
					 Section or employed as part of an authorized departmental self-directed
					 program; and
2. attend to an
					 individual who:
a. is receiving home and
					 community-based services;
b. is
					 able to self-direct the services or resides in a residence where there is daily
					 monitoring by a family member or other health care provider;
c. has an approved current plan of care;
					 and
d. receives periodic assessment
					 by a RN based on the persons health status and specified within the plan of
					 care; in no case shall the periodic assessment be less than annually. A
					 comprehensive assessment performed for a client in accordance with policies and
					 procedures established by Medicaid or by a LDH program office may serve as the
					 basis of the RN assessment but may not be used in lieu of the RN
					 assessment.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9245 - Training Requirements for the Performance of Medication Administration and Noncomplex Tasks in Home and Community-Based Settings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Person-Specific Training. Direct service
					 workers shall receive person-specific training from a RN who has assessed the
					 health status of the person and who has determined that the direct service
					 worker can competently perform the tasks in a safe, appropriate manner for this
					 person.
1. The RN's determination of
					 competency shall be certified by the RN in writing, and the written
					 certification shall be maintained in the direct service worker's personnel
					 file. The RN's determination of competency shall not be delegated.
2. This training shall be repeated if the RN
					 does not certify that the direct service worker has demonstrated a sufficient
					 level of competency in the subject matter.
3. Based on the nursing assessment and
					 clinical judgment, the RN shall provide additional person-specific training
					 when the person receiving care has a change in health status or physician
					 orders and yet remains in a stable, predictable condition. The RN may make a
					 determination based upon his/her assessment of the workers competency that
					 training can be safely performed via telephone contact, other means of
					 electronic communication, or face-to-face contact with the worker. Examples
					 include, but are not limited to:
a. changes
					 in physician orders concerning health care tasks to be performed;
b. changes in physician orders regarding
					 routine medications; or
c. new
					 physician orders for short-term use of medication for a minor acute health
					 condition.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9247 - Annual Competency Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The direct service worker shall undergo an
					 annual competency evaluation performed by a RN to determine whether he/she is
					 competent to perform the authorized person-specific medication administration
					 and noncomplex tasks safely and appropriately.
B. The RN shall use professional judgment in
					 assessing whether or not the tasks are being performed correctly and safely by
					 the DSW.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						37:1031-1034.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9249 - Authorized Medication Administration and Noncomplex Tasks in Home and Community-Based Settings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Direct
					 service workers who meet the requirements of this Rule, including training and
					 competency assessment, and who are so authorized may perform medication
					 administration and non-complex tasks authorized by this Subchapter. Such a
					 direct service worker may perform the following tasks for a person who is in
					 stable condition only when the tasks may be performed according to exact
					 directions, there is no need to alter the standard procedure, and the results
					 are predictable:
1. administration of oral
					 and topical medication, ointments, suppositories or a pre-measured dosage unit
					 provided by the manufacturer of an oral inhalant aerosol, as ordered by an
					 authorized prescriber;
a. any medication
					 administered by a direct service worker under these provisions shall be in a
					 container which meets acceptable pharmaceutical standards and is marked with:
i. clear instructions;
ii. the prescriber's name;
iii. the prescription number, if
					 any;
iv. the name of the
					 medication;
v. the
					 dosage;
vi. the route;
vii. the frequency; and
viii. the time to be administered, if
					 applicable;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9251 - Direct Service Worker Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The responsibilities of the direct service
					 worker include, but are not limited to:
1.
					 following the exact instructions of the RN in the performance of all authorized
					 procedures;
2. notifying the
					 employer or the RN when the health status of the person receiving assistance
					 changes so the RN can reassess to determine whether or not the procedures can
					 still be performed by the direct service worker in a safe manner;
3. notifying the employer or the registered
					 nurse when the prescribed procedures or medications or dosages change so
					 additional person-specific training can be conducted by the RN if applicable;
					 and
4. notifying the employer, the
					 RN, and the person receiving assistance or services if a finding has been
					 placed against him/her on the Direct Service Worker Registry.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9253 - Registered Nurse Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The responsibilities of the registered
					 nurse include, but are not limited to:
1.
					 assuring that during person-specific trainings and required evaluations, the
					 direct service worker performs the authorized medication administration and
					 non-complex tasks according to exact directions making certain there is no need
					 to alter the standard procedures and the results are predictable;
2. assuring no direct service worker is
					 authorized to perform medication administration and noncomplex tasks if the
					 health status of the person receiving services is not stable and
					 predictable;
3. assuring that the
					 direct service worker demonstrates a sufficient level of competency in the
					 subject matter as set forth in training;
4. assisting in the development of the plan
					 of care for the person receiving assistance or services;
5. assisting the person's planning team to
					 determine the frequency needed for RN assessments of the health status of the
					 person receiving assistance or services;
6. at least annually, completing the
					 competency evaluation of the direct service worker; and
7. completing and submitting the required
					 documentation to the licensed and/or certified agency employing or contracting
					 the direct service worker.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9255 - Employer Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The responsibilities of the employer employing the direct service worker
					 include, but are not limited to:
1. assuring
					 that only direct service workers authorized under these provisions, or other
					 provisions authorized through state laws or regulations, perform medication
					 administration and noncomplex tasks;
2. assuring that the direct service worker
					 performs the authorized procedures as trained by the RN and written in the plan
					 of care;
3. maintaining all of the
					 required documentation in the agency's permanent files;
4. assuring that the registered nurse
					 assesses the health status of the person receiving assistance at least
					 annually, or if required, more frequently as determined by the assessment of
					 the RN and as specified in the plan of care;
5. assuring that the direct service worker
					 received the required training and annual competency evaluation;
6. assuring that the direct service worker
					 does not have a finding placed against him/her on the DSW Registry;
7. assuring that no direct service worker
					 whose authorization has terminated continues to perform the procedures that had
					 been previously authorized;
8.
					 notifying the RN of any changes in the health status of the person receiving
					 services or any concerns regarding the ability of the direct service worker to
					 continue to perform the authorized procedures safely;
9. cooperating with the Health Standards
					 Section during any monitoring of these provisions including, but not limited
					 to:
a. providing access to required
					 documentation; and
b. providing
					 access to the direct service worker and supervisory staff; and
10. assisting the Health Standards
					 Section with obtaining access to persons receiving assistance and their
					 guardians.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9257 - Liability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any registered
					 nurse who has properly trained and documented that a direct service worker is
					 competent to perform the prescribed tasks shall not be liable for any civil
					 damages as a result of any act or omission of the direct service
					 worker.
B. Any physician licensed
					 to practice medicine by the Louisiana State Board of Medical Examiners, whether
					 or not the physician developed the persons plan of care, including but not
					 limited to the prescribed medical regime, who is rendering professional medical
					 care services shall not be liable for any civil damages as a result of any
					 negligent or intentional act or omission of the direct service worker or
					 licensed and/or certified agency.
C. Notwithstanding any other provision of
					 law, licensed and/or certified agencies that employ or contract direct service
					 workers shall be liable for acts or omissions of the direct service
					 worker.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						37:1031-1034.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9259 - Termination of Authorization to Perform Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authorization for a direct service worker
					 to perform medication administration and noncomplex tasks shall terminate for
					 any of the following reasons.
1. The
					 condition of the person for whom the direct service worker is performing the
					 tasks has become unstable.
2. A
					 registered nurse certifies that the direct service worker can no longer perform
					 the prescribed tasks safely.
3. The
					 direct service worker has a finding placed against him/her on the DSW
					 Registry.
4. The direct service
					 worker failed to comply with any provision of the enabling statute.
5. Additional person-specific training by a
					 RN was not completed after the tasks to be performed or the types of
					 medications to be administered changed.
6. The annual competency evaluation was not
					 completed.
7. The person receiving
					 assistance or their guardian has requested that the direct service worker no
					 longer be authorized to administer or perform the authorized procedures for the
					 person.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter D - Medication Administration and Noncomplex Tasks in Home and Community-Based Settings › Section I-9261 - Violations and Noncompliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 Health Standards Section is responsible for investigation of complaints and
					 noncompliance with these provisions.
B. In accordance with §9259. A 2,
					 authorization for a direct service worker to perform any of the tasks specified
					 in
					 R.S.
					 37:1032 shall be terminated if the registered
					 nurse certifies that the direct service worker can no longer perform the
					 prescribed tasks safely and the direct service worker shall immediately cease
					 performing such procedures.
C.
					 Repealed.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						37:1031-1034.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter E - Violations › Section I-9273 - Prohibited Direct Service Worker Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department provides a process for the
					 review and investigation of all allegations of wrong-doing by DSWs. The
					 following constitutes prohibited DSW conduct:
1. verbal, mental, sexual or physical abuse,
					 corporal punishment or involuntary seclusion on an individual being
					 supported;
2. neglect of an
					 individual being supported; or
3.
					 exploitation, extortion, or misappropriation of the individual's person,
					 property or funds, inclusive of, but not limited to, the following:
a. credit card fraud;
b. theft of a firearm;
c. identity theft;
d. fraudulent acquisition of a credit card;
					 or
e. theft of a vehicle.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter E - Violations › Section I-9275 - Notice of Violation

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
					 there are substantiated allegations against the direct service worker, either
					 through oral or written evidence, the department will notify the individual(s)
					 implicated in the investigation of the following:
1. the nature of the violation(s) and the
					 date and time of each occurrence;
2. the department's intent to report these
					 violations to the DSW Registry; and
3. appeal rights/opportunities:
a. the right to request from HSS an informal
					 discussion (informal dispute resolution process); and
b. the right to request from the Division of
					 Administrative Law an administrative hearing (appeal); or
c. the right to bypass the informal dispute
					 resolution process and request appeal with the Division of Administrative
					 Law.
4.
					 Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter E - Violations › Section I-9277 - Informal Dispute Resolution

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 When a direct service worker feels that he/she has been wrongly accused, the
					 following procedure shall be followed:
1. The
					 direct service worker may request an informal dispute resolution (IDR) within
					 15 calendar days of the receipt of the departments notice of violation. The
					 request for an IDR shall be made to the HSS in writing.
2. The IDR is designed:
a. to provide an opportunity for the direct
					 service worker to informally discuss the allegations that make the basis for
					 placement of the finding;
b. for
					 the agency to offer alternatives based on corrections or clarifications, if
					 any; and
c. to evaluate the
					 necessity for seeking an administrative hearing.
3. An IDR session will be arranged within 20
					 days of receipt of the written request.
4. During the IDR, the direct service worker
					 will be afforded the opportunity to:
a. talk
					 with agency personnel assigned to the IDR;
b. review pertinent documents upon which the
					 alleged violation is based;
c. ask
					 questions;
d. seek clarifications;
					 and
e. provide additional
					 information.
5. Notice
					 of the results of the IDR decision will be forwarded to the DSW in writing.
					 Such written notice will include any further opportunities for appeal, if
					 necessary and/or appropriate.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter F - Administrative Hearings › Section I-9285 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within
					 30 calendar days after receipt of the department's notice of violation or the
					 notice of the results of an informal dispute resolution, the direct service
					 worker may request an administrative hearing.
1. The request for an administrative hearing
					 shall be made in writing to the Division of Administrative Law, or its
					 successor.
2. The request shall
					 contain a statement setting forth the specific allegations which the direct
					 service worker disputes and the reasons for this dispute.
3. Unless a timely and proper request is
					 received by the Division of Administrative Law or its successor, the findings
					 of the department shall be considered a final and binding administrative
					 determination.
a. Notification of the finding
					 of abuse, neglect, exploitation, extortion, and/or misappropriation will then
					 be sent to the DSW registry to be recorded.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter F - Administrative Hearings › Section I-9287 - Preliminary Conferences (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2179-2179.1.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 92 - Direct Service Worker Registry › Subchapter F - Administrative Hearings › Section I-9293 - Failure to Appear at Administrative Hearings (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2179-2179.1.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter A - General Provisions › Section I-9301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
					 the hospital laws, rules and regulations is to provide for the development,
					 establishment and enforcement of standards for the care of individuals in
					 hospitals and for the construction, maintenance and operation of hospitals
					 which shall promote safe and adequate treatment of individuals in hospitals.
1. - 2.i. Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter A - General Provisions › Section I-9305 - Licensing Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Procedures
					 for Initial Licensing. The Department of Health and Hospitals is the only
					 authority for hospitals in the state of Louisiana.
1. Any person, organization or corporation
					 desiring to operate a hospital shall make application to the Department of
					 Health and Hospitals (DHH) on forms prescribed by the department. Such forms
					 may be obtained from: Hospital Program Manager, Department of Health and
					 Hospitals, Health Standards Section (HSS), Post Office Box 3767, Baton Rouge,
					 LA 70821.
2. An initial applicant
					 shall as a condition of licensing:
a. submit
					 a completed initial hospital packet and other required documents;
b. submit the required nonrefundable
					 licensing fees by certified check or money order. No application will be
					 reviewed until payment of the application fee. Except for good cause shown, the
					 applicant must complete all requirements of the application process within 90
					 days of initial submission of the application material. Upon 10 days prior
					 notice, any incomplete or inactive applications shall be closed. A new
					 application will be accepted only when accompanied by a nonrefundable
					 application fee.
3. When
					 the required documentation for licensing is approved and the building is
					 approved for occupancy, a survey of the facility by representatives of HSS
					 shall be conducted at the department's discretion to determine if the facility
					 meets the standards set forth in this Chapter 93.
4. Representatives of the HSS shall discuss
					 the findings of the survey, including any deficiencies found, with
					 representatives of the hospital facility.
5. The hospital shall notify the HSS in
					 writing when the deficiencies, if any, have been corrected. Following review of
					 the hospital's Plan of Correction (POC), HSS may schedule a survey of the
					 facility prior to occupancy.
6. No
					 new hospital facility shall accept patients until the hospital has written
					 approval and/or a license issued by HSS.
7. No licensed bed shall be placed in a room
					 that does not meet all patient room licensing criteria and which has not been
					 previously approved by HSS.
8. The
					 hospital shall accept only that number of inpatients for which it is licensed
					 unless prior written approval has been secured from the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter A - General Provisions › Section I-9307 - Hospital Closure

Current through Register Vol. 50, No. 6, June 20, 2024
A. A cessation
					 of business is deemed to be effective with the date on which the hospital
					 stopped providing services to the community.
1. The hospital must notify the department in
					 writing 30 days prior to the effective date of closure.
2. The hospital shall submit a written plan
					 for the disposition of patient medical records for approval by the department.
					 The plan shall include the following:
a.
					 provisions that comply with state laws on storage, maintenance, access and
					 confidentiality of the closed hospital's patient medical records;
b. an appointed custodian who shall provide
					 physical and environmental security that protects the records against fire,
					 water, intrusion, unauthorized access, loss and destruction;
c. public notice on access in the newspaper,
					 with the largest circulation, in close proximity of the closing hospital, at
					 least 15 days before the effective date of closure;
d. the effective date of closure.
3. The hospital must return the
					 original license to the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter A - General Provisions › Section I-9309 - Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Exceptions to
					 these Rules and standards governing hospitals are as follows.
1. If a hospital does not provide an optional
					 service or department, those relating requirements shall not be
					 applicable.
2. If a hospital is
					 accredited by the Joint Commission on Accreditation of Healthcare Organizations
					 or the American Osteopathic Association, the Department shall accept such
					 accreditation in lieu of its annual on-site re-survey. This accreditation will
					 be accepted as evidence of satisfactory compliance with all provisions except
					 those expressed in §9305. O and P.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter A - General Provisions › Section I-9310 - Rural Emergency Hospitals

Current through Register Vol. 50, No. 6, June 20, 2024
A. A rural
					 emergency hospital (REH) is a hospital facility that converts from either a
					 critical access hospital (CAH) or a rural hospital with less than 50 beds, as
					 established in
					 Section
					 125 of the Consolidated
					 Appropriations Act of 2021. Only a CAH or rural hospital with less than 50 beds
					 that was licensed by the department as of December 27, 2020 may convert to a
					 REH.
B. A REH shall be in
					 compliance with the federal regulations for REHs, namely
					 42 CFR
					 485.500 et seq., or successor
					 regulations.
C. Pursuant to the
					 federal requirements, the REH shall provide emergency department services and
					 observation care, but shall not provide acute inpatient services except for the
					 optional service of post-hospital extended care services furnished in a unit of
					 the facility that is a distinct part skilled nursing unit.
1. The CAH or rural hospital that is
					 converting to a REH shall contact the licensing section of the department to
					 temporarily inactivate its licensed acute care hospital beds while it is
					 designated and certified as a REH by the Medicare program.
2. If the facility loses its designation or
					 certification as a REH or begins operating again as a CAH or rural hospital,
					 the facility shall contact the licensing section of the department to
					 immediately re-activate its licensed acute care hospital beds.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter A - General Provisions › Section I-9311 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
					 shall have the authority to interpret and enforce Chapter 93 through Chapter 96
					 as authorized by and in accordance with the Health Care Facilities and Services
					 Enforcement Act,
					 R.S.
					 40:2199.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						40:2100-2115.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter B - Hospital Organizations and Services › Section I-9317 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. The hospital
					 must have either an effective governing body or individual(s) legally
					 responsible for the conduct of the hospital operations. No
					 contracts/arrangements or other agreements may limit or diminish the
					 responsibility of the governing body.
B. The governing body shall:
1. establish hospital-wide policy;
2. adopt bylaws;
3. appoint a chief executive officer or
					 administrator;
4. maintain quality
					 of care;
5. determine, in
					 accordance with state law, which categories of practitioners are eligible
					 candidates for appointment to the medical staff; and
6. provide an overall institutional plan and
					 budget.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter B - Hospital Organizations and Services › Section I-9321 - Medical Staff

Current through Register Vol. 50, No. 6, June 20, 2024
A. The medical
					 staff develops and adopts bylaws and rules for self-governance of professional
					 activity and accountability to the governing body. In addition to physicians
					 and dentists, the medical staff membership shall include licensed independent
					 practitioners as appropriate to adequately meet the needs of the patients
					 served by the hospital. The bylaws and rules shall contain provisions for at
					 least the following.
1. The medical executive
					 committee shall:
a. develop the structure of
					 the medical staff and categories of membership;
b. develop and implement a mechanism to
					 review credentials, at least every two years, and delineate individual
					 privileges;
c. develop and
					 implement a mechanism for determining that all medical staff hold current
					 Louisiana licenses;
d. make
					 recommendations for membership to medical staff, for approval by the governing
					 body, with initial appointments and reappointments not to exceed two
					 years;
e. develop and implement a
					 mechanism for suspension and/or termination of membership to the medical
					 staff;
f. develop and implement a
					 mechanism for fair hearings and appellate reviews for both potential (new)
					 applicants and current members of the medical staff;
g. define the required functions of the
					 medical staff to include:
i. basic medical
					 record review, drug usage review, pharmacy and therapeutics review, infection
					 control and utilization review;
ii.
					 if applicable, surgical and other invasive procedures and blood
					 usage.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter B - Hospital Organizations and Services › Section I-9323 - Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. There shall be a
					 chief executive officer or administrator who is responsible for the operation
					 of the hospital commensurate with the authority conferred by the governing
					 body. All administrative authority shall flow through the chief executive
					 officer who exercises control and surveillance over the administrative
					 activities of the hospital and of all off-site campuses. (This does not
					 preclude the establishment of assistant executive officer positions in any
					 off-site campus as long as the individuals are under the authority of and
					 report to the chief executive officer.)
B. The chief executive officer or
					 administrator of the hospital shall have at least one of the following
					 qualifications:
1. a master's degree and at
					 least three years of full-time experience in progressively responsible
					 management positions in healthcare;
2. a baccalaureate degree and at least five
					 years of full-time experience in progressively responsible management positions
					 in healthcare; or
3. at least 10
					 years of full-time experience in hospital administration;
a. hospital chief executive officers and
					 administrators employed in Louisiana licensed hospitals at the time the final
					 regulations are adopted and become effective shall be deemed to meet the
					 qualifications as long as the individual holds their current position. If the
					 individual leaves their current position as hospital administrator/chief
					 executive officer, they must meet one of the qualifications above to be
					 re-employed into such a position.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter B - Hospital Organizations and Services › Section I-9325 - Staff Orientation, Training, Education and Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
A. New employees,
					 including contract employees
,
shall have an orientation
					 program of sufficient scope and duration to inform the individual about his/her
					 responsibilities and how to fulfill them.
B. The orientation program shall include, at
					 least, a review of policies and procedures, job descriptions, competency
					 evaluation and performance expectations prior to the employee performing
					 his/her responsibilities.
C. A
					 staff development program shall be conducted by educationally competent staff
					 and/or consultants and planned based upon annual employee performance
					 appraisals, patient population served by the hospital, information from quality
					 assessment and improvement activities, and/or as determined by facility
					 staff.
D. The hospital shall
					 document appropriate training and orientation prior to reassignment of
					 currently employed staff.
E.
					 Records shall be maintained that indicate the training content, time, names of
					 employees in attendance and the name of the presenter.
F. At least annually the performance of all
					 hospital and contract employees shall be evaluated.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2100-2115.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 93 - Hospitals › Subchapter B - Hospital Organizations and Services › Section I-9327 - Emergency Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. If emergency
					 services are provided, the emergency services shall be on a 24-hour/seven-day
					 basis in an emergency care area. The hospital shall have at least 1 physician
					 available to the emergency care area within 30 minutes through a medical call
					 roster.
B. Organization
1. Emergency services shall have written
					 policies and procedures which:
a. define and
					 describe the scope of services offered;
b. assures the integration of emergency
					 services with other hospital services, delineating when the hospital shall
					 divert emergency patients, the criteria for the diversion, and the notification
					 of local emergency medical services and hospitals of the diversion;
					 and
c. governs referrals if a
					 clinical specialty service is not provided.