Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4203 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Accreditation
-process by which an ADHC
						that is owned and operated by a PACE organization with an executed program
						agreement with CMS/LDH is deemed to meet ADHC licensing requirements.
Activities of Daily Living (ADL)
-the
						functions or tasks which are performed either independently or with
						supervision, or assistance for mobility (i.e., transferring, walking, grooming,
						bathing, dressing and undressing, eating and toileting).
Adult Day Health Care (ADHC)
-a medical
						model adult day health care program designed to provide services for medical,
						nursing, social, and personal care needs to adults who have physical, mental or
						functional impairments. Such services are rendered by utilizing licensed
						professionals in a community based nursing center.
Adult Day Health Care Center
-any place
						owned or operated for profit or nonprofit by a person, society, agency,
						corporation, institution, or any group wherein two or more functionally
						impaired adults who are not related to the owner or operator of such agency are
						provided with adult day health care services. This center type will be open and
						providing services at least five continuous hours in a 24-hour day.
Cessation of Business
-center is
						non-operational and/or has stopped offering or providing services to the
						community
Change of Ownership (CHOW)
-a change in
						the legal center/entity responsible for the operation of the ADHC
						center.
Chemical Restraint
-any drug that is
						used for discipline or convenience and when it is not required to treat medical
						symptoms.
Complaints
-allegations of noncompliance
						with regulations filed by someone other than the center.
Department
-the Louisiana Department of
						Health (LDH) and its representatives.
Direct Care Staff
-unlicensed staff who
						provide personal care or other services and support to persons with
						disabilities or to the elderly to enhance their well-being, and who are
						involved in face-to-face direct contact with the participant.
Director
-the person designated by the
						governing body of the ADHC to:
1.
					 manage the center;
2. insure that
					 all services provided are consistent with accepted standards of practice;
					 and
3. ensure that center policies
					 are executed.
Direct Service Worker
-an unlicensed
						staff person who provides personal care or other services and support to
						persons with disabilities or to the elderly to enhance their well-being, and
						who is involved in face-to-face direct contact with the participant.
Elopement
-to slip away or run
						away.
Employee
-person who performs a job or
						task for compensation, such as wages or a salary. An employed person may be one
						who is contracted or one who is hired for a staff position.
Full-Time Equivalent
-40 hours of
						employment per week or the number of hours the center is open per week,
						whichever is less.
Functionally Impaired Adults-
persons 17
						years of age or older who are physically and/or mentally impaired and require
						services and supervision for medical, nursing, social, and personal care
						needs.
Governing Body
-the person or group of
						persons that assumes full legal responsibility for determining, implementing
						and monitoring policies governing the ADHC's total operation, and who is
						responsible for the day-to-day management of the ADHC program, and shall also
						insure that all services provided are consistent with accepted standards of
						practice.
Individualized Service Plan
(
ISP
)-an individualized written program of action for each
						participant's care and services to be provided by the ADHC center based upon an
						assessment of the participant.
Involuntary Discharge/Transfer
-a
						discharge or transfer of the participant from the ADHC center that is initiated
						by the center.
Key Staff
-the designated program
						manager(s), social worker(s) or social services designee(s), and nurse(s)
						employed by the ADHC. A key staff person may also serve as the ADHC
						director.
Licensed Practical Nurse (LPN)
-a person
						who practices practical nursing and who is licensed to practice practical
						nursing in accordance with
						R.S.
						37:961 et seq., or current law. The LPN works
						under the supervision of a registered nurse.
Line of Credit
-a credit arrangement with
						a federally insured, licensed lending institution which is established to
						assure that the center has available funds as needed to continue the operations
						of the agency and the provision of services to participants. The line of credit
						shall be issued to the licensed entity and shall be specific to the geographic
						location shown on the license. For purposes of ADHC licensure, the line of
						credit shall not be a loan, credit card or a bank balance.
Minimal Harm
-negative impact of injury
						causing the least possible physical or mental damage.
Non-Operational
-the ADHC center is not
						open for business operations on designated days and hours as stated on the
						licensing application and business location signage.
Nurse Staffing Agency (NSA)
-any person,
						partnership, corporation, unincorporated association, or other legal entity,
						including a digital website/platform or digital smart phone application that
						employs, assigns, or refers nurses or certified nurse aides to render
						healthcare services in a healthcare facility for a fee. For purposes of these
						regulations, NSA does not include the following:
1. an NSA that solely provides services in
					 Louisiana under a contract or other agreement with the state of Louisiana, or
					 any executive branch department or agency thereof, as a result of a declared
					 disaster, emergency, or public health emergency;
2. the federal or state government department
					 or agency that provides nursing staff or certified nurse aides to any
					 healthcare provider setting, evacuation site, or shelter location as a result
					 of a declared disaster, emergency, or public health emergency; and
3. an entity that solely provides
					 administrative or consulting services.
Participant
-an individual who attends
						an adult day health care center.
Personal Representative
-an adult
						relative, friend or guardian of a participant who has an interest or
						responsibility in the participant's welfare. This individual may be designated
						by the participant to act on his/her behalf and should be notified in case of
						emergency and/or any change in the condition or care of the participant.
Physical Restraint
-any manual method
						(ex: therapeutic or basket holds and prone or supine containment) or physical
						or mechanical device material (ex: arm splints, leg restraints, lap trays that
						the participant cannot remove easily, posey belts, posey mittens, helmets), or
						equipment attached or adjacent to the participant's body that interferes or
						restricts freedom of movement or normal access to one's body and cannot be
						easily removed by the participant.
Primary Care Physician
-a physician,
						currently licensed by the Louisiana State Board of Medical Examiners, who is
						designated by the participant or his personal representative as responsible for
						the direction of the participant's overall medical care.
Program Manager-
a designated staff
						person, who is responsible for carrying out the center's individualized program
						for each participant.
Program of All-Inclusive Care for the
						Elderly
(
PACE
)-an organization that provides prepaid,
						capitated, comprehensive health care services.
Progress Notes
-ongoing assessments of
						the participant which enable the staff to update the individualized service
						plan in a timely, effective manner.
Registered Nurse (RN)
-any individual
						licensed in accordance with
						R.S.
						37:911 et seq., or current law, to engage in
						the practice of nursing as defined in
						R.S.
						37:913 et seq., or current law.
Revocation
-action taken by the
						department to terminate an ADHC center's license.
Social Service Designee/Social
						Worker-
an individual responsible for arranging medical and/or social
						services needed by the participant.
Voluntary Discharge/Transfer
-a
						discharge or transfer of the participant from the ADHC center that is initiated
						by the participant or a legal or personal representative.
Volunteer
-a person who provides
						services at an adult day health care center without
						compensation.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						36:254 and
						40:2120.41-46.