reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter A - Client Records › Section VII-30701 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written
					 Policies and Procedures. An ICF/MR facility shall have written policies and
					 procedures governing access to, publication of, and dissemination of
					 information from client records.
B.
					 Protection of Records. Client records are the property of the ICF/MR residents
					 and as such shall be protected from loss, damage, tampering, or use by
					 unauthorized individuals. Records may be removed from the ICF/MR's jurisdiction
					 and safekeeping only in accordance with a court order, subpoena or
					 statute.
C. Confidentiality. An
					 ICF/MR facility shall ensure confidential treatment of client records,
					 including information contained in automatic data banks.
1. The client's written consent, if the
					 client is determined competent, shall be required for the release of
					 information to any persons not otherwise authorized under law to receive it. If
					 the client is not documented as competent, a member of the family, responsible
					 party or advocate shall be required to sign.
NOTE: "Blanket" signed authorizations for release of
						information from client records are time limited.
2. A record of all disclosures from client's
					 records shall be kept.
3. All staff
					 shall be trained in the policies regarding confidentiality during orientation
					 to the ICF/MR and in subsequent on-the-job and in-service training.
4. Any information concerning a client or
					 family considered too confidential for general knowledge by the ICF/MR staff
					 shall be kept in a separate file by the chief executive officer, his designee,
					 or social worker. A notation regarding the whereabouts of this information
					 shall be made in the client's record.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter A - Client Records › Section VII-30703 - Admission Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the time
					 of admission to the ICF/MR, information shall be entered into the client's
					 record which shall identify and give a history of the client. This identifying
					 information shall at least include the following:
1. a recent photograph;
2. full name;
3. sex;
4. date of birth;
5. ethnic group;
6. birthplace;
7. height;
8. weight;
9. color of hair and eyes;
10. identifying marks;
11. home address, including street address,
					 city, parish and state;
12. Social
					 Security Number;
13. medical
					 assistance identification number;
14. Medicare claim number, if
					 applicable;
15.
					 citizenship;
16. marital
					 status;
17. religious
					 preference;
18. language spoken or
					 understood;
19. dates of service in
					 the United States Armed Forces, if applicable;
20. legal competency status if other than
					 competent;
21. sources of support:
					 social security, veterans' benefits, etc.;
22. father's name, birthplace, Social
					 Security Number, current address, and current phone number;
23. mother's maiden name, birthplace, Social
					 Security Number, current address, and current phone number;
24. name, address, and phone number of next
					 of kin, legal guardian, or other responsible party;
25. date of admission;
26. name, address and telephone number of
					 referral agency or hospital;
27.
					 reason for admission;
28. admitting
					 diagnosis;
29. current diagnosis,
					 including primary and secondary DSM III diagnosis, if applicable;
30. medical information, such as allergies
					 and general health conditions;
31.
					 current legal status;
32. personal
					 attending physician and alternate, if applicable;
33. choice of other service
					 providers;
34. name of funeral
					 home, if appropriate; and
35. any
					 other useful identifying information. Refer to
Admission
					 Review
for procedures.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter A - Client Records › Section VII-30705 - Medical Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
					 Requirements. The ICF/MR shall maintain medical records which include clinical,
					 medical, and psychosocial information on each client.
B. Components of Medical Records. Each
					 client's record shall consist of a current active medical section and the
					 ICF/MR's medical files or folders.
1. Active
					 Medical Section. The active medical section shall contain the following
					 information:
a. at least six months of
					 current pertinent information relating to the active ongoing medical
					 care;
b. physician certification of
					 the clients' need for admission to the ICF/MR;
c. physician recertification that the client
					 continues to require the services of the ICF/MR;
d. nurses quarterly physical assessment. See
					 §31101, Client Health and Habilitative Services;
e. quarterly, the pharmacy consultant must
					 review the drug regimen of each client;
f. certification that each IHP has been
					 periodically reviewed and revised.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter A - Client Records › Section VII-30707 - Personal Property Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 ICF/MR shall permit clients to maintain and use their personal property. The
					 number of personal possessions may be limited only for health and safety
					 reasons. When such limitations are imposed, documentation is required in the
					 client's records.
1. Within 24 hours after
					 admission, the ICF/MR shall prepare a written inventory of the personal
					 property a client brings to the ICF/MR.
2. The facility authorized representative
					 shall sign and retain the written inventory and shall give a copy to the
					 client, family or responsible party.
3. The ICF/MR shall revise the written
					 inventory to show if acquired property is lost, destroyed, damaged, replaced or
					 supplemented.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter A - Client Records › Section VII-30709 - Financial Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
					 Requirements. Clients have the right to maintain their personal funds or to
					 designate someone to assume this responsibility for them. Clients' income may
					 be from social security, supplemental security income (SSI), optional state
					 supplementation, other sources (VA or insurance benefits, etc.) or earnings of
					 the client. A portion of the clients' income is used to pay the clients' share
					 (liability) of the monthly charges for the ICF/MR. The ICF/MR shall:
1. have written policies and procedures for
					 protecting clients' funds and for counseling clients concerning the use of
					 their funds;
2. develop written
					 procedures for the recording and accounting of client's personal funds;
NOTE: ICF/MRs shall ensure the soundness and accuracy of
						the client fund account system.
3. train clients to manage as many of their
					 financial affairs as they are capable. Documentation must support that training
					 was provided and the results of that training;
4. maintain current records that include the
					 name of the person (client or person designated) handling each client's
					 personal funds;
5. be responsible
					 for the disbursements, deposits, soundness, and accuracy of the clients'
					 personal funds account when arrangements are made with a federal or state
					 insured banking institution to provide banking services for the clients;
NOTE: All bank charges, including charges for ordering
						checks, shall be paid by the ICF/MR and not charged to the clients' personal
						funds account(s).
6.
					 maintain current, written individual ledger sheet records of all financial
					 transactions involving client's personal funds which the facility is holding
					 and safeguarding;
NOTE: ICF/MRs shall keep these records in accordance with
						requirements of law for a trustee in a fiduciary relationship.
7. make personal fund account
					 records available upon request to the client, family, responsible party, and
					 DHH.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter A - Client Records › Section VII-30711 - Cash on Hand

Current through Register Vol. 50, No. 6, June 20, 2024
A. ICF/MRs shall
					 have a minimum of cash on hand to meet client's spending needs. Cash on hand
					 shall be maintained on the imprest petty cash system which includes
					 pre-numbered petty cash vouchers. Petty cash shall be maintained at the
					 facility and shall be available to the clients 24 hours a day, seven days a
					 week.
B. The facility shall provide
					 the funds to implement the petty cash system and replenish it, as necessary,
					 from the clients' personal funds based on signed vouchers. Vouchers may be
					 signed by clients, families, or responsible parties. When residents cannot sign
					 their name, vouchers shall be signed by two witnesses. Checks issued to
					 replenish the fund should be made payable to a Custodian of Petty Cash. When
					 funds are withdrawn from the clients' savings account to cover signed vouchers,
					 a receipt signed by the custodian of petty cash shall be maintained in lieu of
					 a canceled check.
C. There shall be
					 a written reconciliation, at least weekly, by someone other than the custodian
					 of the petty cash fund. The reconciliation shall be reviewed and approved by
					 someone other than the preparer or custodian of the petty cash fund.
NOTE: The facility is responsible for
						shortages.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and Title XIX of the Social Security
						Act.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter A - Client Records › Section VII-30713 - Access to Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Clients shall
					 have access to their funds during hours compatible to banking institutions in
					 the community where they live. Large ICF/MRs shall post the times when clients
					 shall have access to their funds.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter A - Client Records › Section VII-30715 - Closing a Discharged Client's Fund Account

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a client is discharged, the ICF/MR
					 shall refund the balance of a client's personal account and that portion of any
					 advance payment not applied directly to the ICF/MR fee. The amount shall be
					 refunded to the client, family or other responsible party within 30 days
					 following the date of discharge. Date, check number, and "to close account"
					 should be noted on the ledger sheet. When the facility is the payee for a
					 social security check or other third party payments, the change in payee should
					 be initiated immediately by the facility.
NOTE: The facility shall allow the client to withdraw a
						minimum of $25 from his/her personal funds account on the date of
						discharge.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and Title XIX of the Social Security
						Act.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter A - Client Records › Section VII-30717 - Disposition of Deceased Client's Personal Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. ICF/MRs, upon a client's death, shall
					 submit written notification within 10 business days to the next of kin
					 disclosing the amount of funds in the deceased's account as of the date of
					 death. The ICF/MR shall hold the funds until the next of kin notifies the
					 ICF/MR whether a succession will be opened.
1. Succession Opened. If a succession is to
					 be opened, the ICF/MR shall release the funds to the administrator of the
					 estate, if one, or according to the judgment of possession.
2. Succession Not Opened. If no succession is
					 to be opened, the ICF/MR shall make the funds payable to the deceased's estate
					 and shall release the funds to the responsible party of record.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter A - Client Records › Section VII-30719 - Disposition of Deceased Client's Unclaimed Personal Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the ICF/MR retains the funds and the
					 responsible party (legal guardian, administrator of the estate, or person
					 placed in possession by the court judgment) fails to obtain the funds within
					 three months after the date of death, or if the ICF/MR fails to receive
					 notification of the appointment of or other designation of a responsible party
					 within three months after the death, the ICF/MR shall notify the secretary of
					 the Department of Revenue, Unclaimed Property Section. The notice shall provide
					 detailed information about the decedent, his next of kin, and the amount of
					 funds.
1. The facility shall continue to
					 retain the funds until a court order specifies that the funds are to be turned
					 over to secretary of the Department of Revenue.
2. If no order or judgment is forthcoming,
					 the ICF/MR shall retain the funds for five years after date of death.
3. After five years, the ICF/MR is
					 responsible for delivering the unclaimed funds to the secretary of
					 Revenue.
4. A termination date of
					 the account and the reason for termination shall be recorded on the client's
					 participation file. A notation shall read, "to close account." The endorsed
					 canceled check with check number noted on the ledger sheet shall serve as
					 sufficient receipt and documentation.
5. Where the legislature has enacted a law
					 governing the disposition of personal funds belonging to residents of state
					 schools for the mentally retarded or developmentally disabled that law shall be
					 applicable.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 307 - Records › Subchapter B - Facility Records › Section VII-30739 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 ICF/MR shall retain such records on file as required by DHH and shall have them
					 available for inspection at request for three years from the date of service or
					 until all audit exceptions are resolved, whichever period is longer.
B. Provider Agreement. The ICF/MR shall
					 retain a copy of the Provider Agreement and any document pertaining to the
					 licensing or certification of the ICF/MR.
C. Accounting Records
1. Accounting records must be maintained in
					 accordance with generally accepted accounting principles as well as state and
					 federal regulations. The accrual method of accounting is the only acceptable
					 method for private providers.
NOTE: Purchase discounts, allowance and refunds will be
						recorded as a reduction of the cost to which they related.
2. Each facility must maintain all accounting
					 records, books, invoices, canceled checks, payroll records, and other documents
					 relative to client care costs for a period of three years or until all audit
					 exceptions are resolved, whichever period is longer.
3. All fiscal and other records pertaining to
					 client care costs shall be subject at all times to inspection and audit by DHH,
					 the legislative auditor, and auditors of appropriate federal funding
					 agencies.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 309 - Transfers and Discharges › Section VII-30901 - Written Agreements with Outside Resources

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each client must have the services which
				  are required to meet his needs including emergency and other health care. If
				  the service is not provided directly, there must be a written agreement with an
				  outside resource. The written agreement for hospital transfers must be with
				  hospitals within close proximity and must provide for prompt transfer of
				  clients.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254, Title XIX of the Social Security Act,
					 and CFR 483.410(d), 483.410(d)(1)-483.410(d)(2)(ii) and
					 483.440(b)(1)-483.440(b)(5)(ii).
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 309 - Transfers and Discharges › Section VII-30903 - Facility Responsibilities for Planned or Voluntary Transfer or Discharge Policies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Facility
				  record shall document that the client was transferred or discharged for good
				  cause which means for any reason that is in the best interest of the
				  individual.
B. Any decision to move
				  a client shall be part of an interdisciplinary team process. The client,
				  family, legal representative, and advocate, if there is one, shall participate
				  in the decision making process.
C.
				  Planning for a client's discharge or transfer shall allow for at least 30 days
				  to prepare the client and parents/guardian for the change except in
				  emergencies.
D. Planning for
				  release of a client shall include providing for appropriate services in the
				  client's new environment, including protective supervision and other follow-up
				  services which are detailed in his discharge plan.
E. The client and/or legal representative
				  must give their written consent to all nonemergency situations. Notification
				  shall be made to the parents or guardians as soon as possible.
F. Both the discharging and receiving
				  facilities shall share responsibility for ensuring the interchange of medical
				  and other programmatic information which shall include:
1. an updated active treatment
				  plan;
2. appropriate transportation
				  and care of the client during transfer; and
3. the transfer of personal effects and of
				  information related to such items;
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 309 - Transfers and Discharges › Section VII-30905 - Involuntary Transfer or Discharge

Current through Register Vol. 50, No. 6, June 20, 2024
A. Conditions. Involuntary transfer or
				  discharge of a client may occur only under the following conditions:
1. the transfer or discharge is necessary for
				  the client's welfare and the client's needs cannot be met in the
				  facility;
2. the transfer or
				  discharge is appropriate because the client's health has improved sufficiently,
				  therefore, the client no longer needs the services provided by the
				  facility;
3. the safety of
				  individuals in the facility is endangered;
4. the health of individuals in the facility
				  would otherwise be endangered;
5.
				  the client has failed, after reasonable and appropriate notice, to pay for the
				  portion of the bill for services for which he/she is liable or when the client
				  loses financial eligibility for Medicaid. When a client becomes eligible for
				  Medicaid after admission to a facility, the facility may charge the client only
				  allowable charges under Medicaid; and
6. the facility ceases to operate.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 309 - Transfers and Discharges › Section VII-30907 - Mass Transfer of Clients

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The following provisions shall apply to any mass transfer.
1. ICF/MR Decertification. When DHH/BHSF
				  determines that an ICF/MR no longer meets state and federal Title XIX
				  certification requirements, decertification action is taken. Usually an advance
				  decertification date is set unless clients are in immediate danger.
2. ICF/MR Decertification Notice. On the date
				  the ICF/MR is notified of its decertification, DHH shall begin notifying
				  clients, families, responsible parties, and other appropriate agencies or
				  individuals of the decertification action and of the services available to
				  ensure an orderly transfer and continuity of care.
3. ICF/MR Closing or Withdrawing from Title
				  XIX Program. In institutions where an ICF/MR either voluntarily or
				  involuntarily discontinues its operations or participation in the Medical
				  Assistance Program, clients, families, responsible parties, and other
				  appropriate agencies or individuals shall be notified as far in advance of the
				  effective date as possible to insure an orderly transfer and continuity of
				  care.
a. If the ICF/MR is closing its
				  operations, plans shall be made for transfer.
b. If the ICF/MR is voluntarily or
				  involuntarily withdrawing from Title XIX participation, the client has the
				  option of remaining in the ICF/MR on a private-pay basis.
4. Payment Limitation. Payments may continue
				  for clients up to 30 days following the effective date of the ICF/MR's
				  decertification.
a. There shall be no
				  payments approved for Title XIX clients admitted after an ICF/MR receives a
				  notice of decertification.
b. The
				  payment limitation also applies to Title XIX clients admitted prior to the
				  decertification notice.
c. Payment
				  is continued to the ICF/MR for clients certified prior to the decertification
				  only if the ICF/MR totally cooperates in the orderly transfer of clients to
				  other Title XIX facilities or other placements of their choice.
NOTES:
The ICF/MR's failure to comply with the transfer team's
					 requests may result in denial of reimbursement during the extension
					 period.
The ICF/MR still retains its usual responsibility during
					 the transfer/discharge process to notify the BHSF Medicaid Eligibility Parish
					 Office promptly of all changes in the client's status.
5. Client Rights. Nothing in the
				  transfer or discharge plan shall interfere with client's exercise of his
				  rights.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 311 - Health Services › Section VII-31101 - Client Health and Habilitative Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Intermediate Care Facilities for
				  the Mentally Retarded (ICF/MR)
are defined as intermediate care
				  facilities whose primary purpose is to provide health or habilitative services
				  for mentally retarded individuals or persons with related conditions and meet
				  the standards in 42 CFR 442 and
				  483.400.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 311 - Health Services › Section VII-31103 - Habilitative Treatment Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Active Treatment Services. The facility must provide or arrange for each client
				  to receive a continuous active treatment program consisting of needed
				  interventions and services in sufficient number and frequency to support the
				  achievement of the objectives identified in the individual habilitation plan
				  (IHP). These services include but are not limited to occupational, speech,
				  physical and recreational therapies; psychological, psychiatric, audiology,
				  social work, special education, dietary and rehabilitation counseling.
NOTE: Supplies, equipment, etc., needed to meet the goals
					 of the IHP cannot be charged to the client or their responsible parties.
B. Active Treatment Components
1. Individual Habilitation Plan. Each client
				  must have an individual habilitation plan developed by an interdisciplinary
				  team that represents the professions, disciplines or service areas that are
				  relevant to identifying the client's needs as described by the programs that
				  meet those needs.
a. The facility must
				  document in the individual habilitation plan (IHP) the presence, or the reason
				  for absence, at the individual's staffing conference of the client, family
				  members and relevant disciplines, professions or service areas as identified in
				  the comprehensive functional assessment.
b. Within 30 days after admission, the
				  interdisciplinary team must do assessments or reassessments as needed to
				  supplement the preliminary evaluation conducted prior to admission.
c. The comprehensive functional assessment
				  must take into consideration the client's age and the implications for active
				  treatment at each stage as applicable. It must contain the following
				  components:
i. the presenting problems and
				  disabilities and where possible, their causes including diagnosis, symptoms,
				  complaints and complications;
ii.
				  the client's specific developmental strengths;
iii. the client's specific developmental and
				  behavioral management needs.
d. An identification of the client's needs
				  for services without regard to the actual availability of the
				  services.
e. The comprehensive
				  functional assessment must cover the following developmental areas:
i. physical development and health;
ii. nutritional status;
iii. sensorimotor development;
iv. affective development;
v. speech and language development;
vi. auditory functioning;
vii. cognitive development;
viii. social development;
ix. adaptive behaviors or independent living
				  skills necessary for the client to be able to function in the
				  community;
x. vocational skills as
				  applicable;
xi. psychological
				  development.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 311 - Health Services › Section VII-31105 - Professional Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Physician
				  Services
1. The health care of each client
				  shall be under the continuing supervision of a Louisiana licensed physician.
				  The facility must ensure the availability of physician services 24 hours a day.
				  The facility must provide or obtain preventive and general medical care plus
				  annual physical examinations of each client.
2. The client, the family or the responsible
				  party shall be allowed a choice of physicians.
3. If the client does not have a personal
				  physician, the ICF/MR shall provide referrals to physicians in the area,
				  identifying physicians that participate in the Medicaid Program.
NOTE: The cost of physician services cannot be charged to
					 the client or their responsible parties.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 311 - Health Services › Section VII-31107 - Pharmaceutical Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
				  must provide or arrange for the provision of routine and emergency drugs and
				  biologicals to its clients. Drugs and biologicals may be obtained from
				  community or contract pharmacists or the facility may maintain a licensed
				  pharmacy.
B. Routine administration
				  of medications shall be done at the facility where the client resides. Clients
				  may not be transported elsewhere for the sole purpose of medication
				  administration.
C. The ICF/MR shall
				  neither expect, nor require, any provider to give a discount or rebate for
				  prescription services rendered by the pharmacists.
D. The ICF/MR shall order at least a one
				  month supply of medications from a pharmacy of the client's, family's, or
				  responsible party's choice. Less than a month's supply is ordered only when the
				  attending physician specifies that a smaller quantity of medication is
				  necessary for a special medical reason.
E. The ICF/MR chief executive officer or the
				  authorized representative shall certify receipt of prescribed medications by
				  signing and dating the pharmacy billing.
NOTE: The costs for drugs and biologicals cannot be charged
					 to the client, family or responsible party including any additional charges for
					 the use of the unit dose or blister pack system of packing and storing
					 medications.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254 and Title XIX of the Social Security
					 Act
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 311 - Health Services › Section VII-31109 - Aids and Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
				  must furnish, maintain in good repair, and teach clients to use and to make
				  informed choices about the use of dentures, eyeglasses, hearing and other
				  communication aids, braces, and other devices identified by the
				  interdisciplinary team as needed by the client.
NOTE: The costs for aids and equipment cannot be charged to
					 the clients or their legal representatives.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254 and Title XIX of the Social Security
					 Act
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 311 - Health Services › Section VII-31111 - Nutritional Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
				  must provide a nourishing, well-balanced diet for each client, including
				  modified and specially prescribed diets. The nutritional component must be
				  under the guidance of a licensed dietitian.
NOTE: Nutritional services are included in the per diem
					 rate. Residents of ICF/MR facilities are not eligible for food stamps,
					 commodities, or other subsidized food programs.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254 and Title XIX of the Social Security
					 Act
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 311 - Health Services › Section VII-31113 - Clothing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
				  should provide adequate seasonal clothing for the client.
Adequate
is defined as a seven-day supply in good repair and
				  properly fitting. Work uniforms or special clothing/equipment for training will
				  be provided in addition to the seven-day supply.
B. The facility must maintain a current
				  clothing inventory for each client.
1. A
				  client with adequate clothing may purchase additional clothing using his/her
				  personal funds if he/she desires.
2. If a client desires to purchase a certain
				  brand, the client has the right to use his/her personal funds in this manner;
				  however, the client must be made aware of what the facility is providing prior
				  to making his/her decision.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 313 - Client Behavior Management › Section VII-31301 - Written Policies and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. A facility must develop and implement
				  written policies and procedures for the management of conduct between staff and
				  clients. These policies and procedures will:
1. specify conduct to be allowed and not
				  allowed by staff and/or clients;
2.
				  provide for client choice and self determination to the extent
				  possible;
3. be readily available
				  to all clients, parent(s), staff, and legal guardians;
4. be developed with the participation of
				  clients to the extent possible.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 313 - Client Behavior Management › Section VII-31303 - Interventions to Manage Inappropriate Client Behavior

Current through Register Vol. 50, No. 6, June 20, 2024
A. Safety and Supervision. Interventions to
				  manage inappropriate client behavior must be used within sufficient safeguards
				  and supervision to insure that the safety, welfare, and civil and human rights
				  of clients are adequately protected. These interventions must:
1. never be used:
a. for disciplinary purposes;
b. for the convenience of staff; or
c. as a substitute for an active treatment
				  program;
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 315 - Client Rights › Section VII-31501 - Written Policies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ICF/MR
				  will establish written policies that safeguard clients' rights and define their
				  responsibilities. The ICF/MR chief executive officer and ICF/MR staff will be
				  trained in, and will adhere to, client rights policies and procedures. ICF/MR
				  personnel will protect and promote clients' civil rights and rights to a
				  dignified existence, self-determination, communication with and access to
				  persons and services inside and outside the facility and to exercise their
				  legal rights. The chief executive officer will be responsible for staff
				  compliance with client rights policies.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:153, R.S. 28.390,
					 42 CFR
					 483.420 and
					 483.410
					 (1), (2), (3), Title XIX of the Social
					 Security Act, Section 601 of Title VI of the Civil Rights Act of 1964; Section
					 504 of the Rehabilitation Act of 1973; and Age Discrimination Act of
					 1975.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 315 - Client Rights › Section VII-31503 - Notification of Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. All clients,
				  families, and/or responsible parties will sign a statement that they have been
				  fully informed verbally and in writing of the following information at the time
				  of admission and when changes occur during the client's stay in the facility:
1. the facility's rules;
2. their rights;
3. their responsibilities to obey all
				  reasonable rules and respect the personal rights and private property of
				  clients; and
4. rules for conduct
				  at the time of their admissions and subsequent changes during their stay in the
				  facility.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 315 - Client Rights › Section VII-31507 - Client Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
				  must comply with
				  42
				  CFR 483.420 and with the provisions below.
1. Each client must:
a. be fully informed by a physician of his
				  health and medical condition unless the physician decides that informing the
				  client is medically contraindicated;
b. be given the opportunity to participate in
				  planning his total care and medical treatment;
c. be given the opportunity to refuse
				  treatment; and
d. give informed,
				  written consent before participating in experimental research.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 315 - Client Rights › Section VII-31509 - Violation of Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person who
				  submits or reports a complaint concerning a suspected violation of a client's
				  rights or concerning services or conditions in an ICF/MR or who testifies in
				  any administrative or judicial proceedings arising from such complaints will
				  have immunity from any criminal or civil liability therefore, unless that
				  person has acted in bad faith with malicious purpose, or if the court finds
				  that there was an absence of a justifiable issue of either law or fact by the
				  complaining party.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254, Title XIX of the Social Security Act,
					 and
					 42
					 CFR 483.420.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 317 - Complaints › Section VII-31701 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under the
				  provisions of Louisiana R.S. 40:2009.13-40:2009.20 and 14:4032 federal
				  regulation
				  42 CFR
				  483.405,
				  483.420,
				  483.440
				  and the state Operations Manual published by the Department of Health and
				  Hospitals and Health Care Financing Administration, the following procedures
				  are established for receiving, evaluating, investigating, and correcting
				  grievances concerning client care in ICF/MR licensed and certified ICF/MR
				  facilities. The procedures in this Chapter 317 also provide mandatory reporting
				  of abuse and neglect in ICF/MR facilities.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254,
					 R.S.
					 40:2009.13,
					 R.S.
					 40:2009.20, R.S. 14:4032, Title XIX of the
					 Social Security Act,
					 42 CFR
					 483.405,
					 483.420,
					 and
					 483.440.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 317 - Complaints › Section VII-31703 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  having knowledge of the alleged abuse or neglect of a client or knowledge of a
				  client being denied care and treatment may submit a complaint, preferably in
				  writing.
B. Any person may submit a
				  complaint if he/she has knowledge that a state law, standard, rule, correction
				  order, or certification rule issued by the Department of Health and Hospitals
				  has been violated.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254,
					 R.S.
					 40:2009.13,
					 R.S.
					 40:2009.20, R.S. 14:4032, Title XIX of the
					 Social Security Act,
					 42 CFR
					 483.405,
					 483.420,
					 and
					 483.440.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 317 - Complaints › Section VII-31705 - Duty to Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  incidents or allegations of abuse and/or neglect must be reported by telephone
				  or fax within 24 hours to DHH's Health Standards Section. This must be followed
				  by a copy of the results of the facility's internal investigation within five
				  working days. Complete investigative reports with all pertinent documents shall
				  be maintained at the facility. Failure to submit this information timely could
				  result in a deficiency and/or a sanction. Those who must make a report of abuse
				  and/or neglect are:
1. physicians or other
				  allied health professionals;
2.
				  social services personnel;
3.
				  facility administration;
4.
				  psychological or psychiatric treatment personnel;
5. registered nurses;
6. licensed practical nurses; and
7. direct care staff.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 317 - Complaints › Section VII-31707 - Where to Submit Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  complaint can be filed as follows:
1. it may
				  be submitted in writing to the Health Standards Section at Box 3767, Baton
				  Rouge, LA 70821-3767; or
2. it may
				  be made by calling Health Standards Section at 1-888-810-1819, or (225)
				  342-0082, and the FAX number (225) 342-5292;
3. in addition, it may be submitted to any
				  local law enforcement agency.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 317 - Complaints › Section VII-31709 - Disposition of Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. After
				  the investigation DHH may take any of the following actions.
1. Valid Complaint with Deficiencies Written.
				  The Department of Health and Hospitals shall notify the administrator who must
				  provide an acceptable plan of correction as specified below.
a. If it is determined that a situation
				  presents a threat to the health and safety of the client, the facility shall be
				  required to take immediate corrective action. DHH may certify noncompliance,
				  revoke or suspend the license, or impose sanctions.
b. In all other instances of violation, an
				  expeditious correction, not to exceed 90 days, shall be required. If the
				  provider is unable or unwilling to correct the violation, DHH may take any of
				  the actions listed in Subparagraph 1.a.
c. In cases of abuse and/or neglect, referral
				  for appropriate corrective action shall be made to the Office of the Attorney
				  General, Medicaid Fraud Control Unit.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 317 - Complaints › Section VII-31711 - Informal Reconsideration

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  complainant or a facility dissatisfied with any action taken by DHH's response
				  to the complaint investigation may request an informal reconsideration as
				  provided in
				  R.S.
				  40:2009.11 et seq.
B. Retaliation by ICF/MR Facility. Facilities
				  are prohibited from taking retaliatory action against complainants. Persons
				  aware of retaliatory action or threats in this regard should contact
				  DHH.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254,
					 R.S.
					 40:2009.13,
					 R.S.
					 40:2009.20, R.S. 14:4032, Title XIX of the
					 Social Security Act,
					 42 CFR
					 483.405,
					 483.420,
					 and
					 483.440.
Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part VII - Long Term Care › Subpart 3 - Intermediate Care Facilities for Persons with Intellectual Disabilities › Chapter 317 - Complaints › Section VII-31713 - Tracking Incidents

Current through Register Vol. 50, No. 6, June 20, 2024
A. For each
				  client who is involved in an accident or incident, an incident report shall be
				  completed including the name, date, time, details of accident or incident,
				  circumstances under which it occurred, witnesses and action taken.
1. Incidents or accidents involving clients
				  must be documented in the client's record. These records should also contain
				  all pertinent medical information.
2. The examples listed below are not all
				  inclusive, but are presented to serve as a guideline to assist those facility
				  employees responsible for reporting incident reports.
a. Suspicious Death. Death of a client or
				  on-duty employee when there is suspicion of death other than by natural
				  causes.
b. Abuse and/or Neglect.
				  All incidents or allegations of abuse and/or neglect.
c. Runaways. Runaways considered dangerous to
				  self or others.
d. Law Enforcement
				  Involvement. Arrest, incarceration, or other serious involvement of residents
				  with law enforcement authorities.
e. Mass Transfer. The voluntary closing of a
				  facility or involuntary mass transfer of residents from a facility.
f. Violence. Riot or other extreme
				  violence.
g. Disasters. Explosions,
				  bombings, serious fires.
h.
				  Accidents/Injuries. Severe accidents or serious injury involving residents or
				  on-duty employees caused by residents such as life threatening or possible
				  permanent and/or causing lasting damage.