reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter D - Participation Requirements › Section I-7241 - Assessment, Service Coordination, and Monitoring

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once the client is admitted, the facility
					 shall conduct an assessment to determine the needs of the client. The
					 assessment shall be kept in the client's record and shall at a minimum,
					 include:
1. the client's interests, likes and
					 dislikes;
2. review of physical
					 health, psycho-social status, and cognitive status and the determination of
					 services necessary to meet those needs;
3. a summary of the client's health needs, if
					 any, including medication(s), treatment and special diet orders obtained from
					 licensed professionals with responsibility for the client's physical or
					 emotional health;
4. a written
					 description of the activities of daily living and instrumental activities of
					 daily living for which the client requires assistance, if any, obtained from
					 the client or the client's physician;
5. recreational and social activities in
					 accordance with the clients treatment plan;
6. a plan for handling special emergency
					 evacuation needs, if any; and
7.
					 additional information or documents pertinent to the client's treatment
					 planning, such as guardianship papers, power of attorney, living wills, do
					 not-resuscitate orders, or other relevant medical documents.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter D - Participation Requirements › Section I-7245 - Nutrition

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 shall provide three varied, palatable meals a day, seven days a week. Meals
					 shall take into account clients' preferences and needs.
B. Menus shall be planned and written at
					 least one week in advance and dated as served. The current week's menu shall be
					 posted in one or more conspicuous places in the facility.
C. The facility shall provide medically
					 prescribed diets as ordered by the clients physician. These menus shall be
					 planned or approved by a licensed registered dietician (LRD) and shall include
					 nourishing snacks. The LRD shall be available for consultation as needed and
					 may be either contracted or directly employed by the facility.
D. The facility shall purchase and provide to
					 the clients only food and drink of safe quality. The storage, preparation and
					 serving techniques shall ensure that nutrients are retained and spoilage is
					 prevented. Milk and milk products shall be Grade A and pasteurized.
E. Staff shall be available in the dining
					 area to provide supervision as needed.
F. Written reports of inspections by the
					 Department of Health, Office of Public Health, Sanitarian Services shall be
					 kept on file in the facility.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						28:31-28:37.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter D - Participation Requirements › Section I-7247 - Transportation Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 facility shall have the capacity to provide or to arrange transportation for
					 the following:
1. transportation to
					 behavioral health services (i.e., community mental health center or addictive
					 disorder clinic); and
2. all other
					 related medical appointments.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter E - Client Protection › Section I-7251 - Client Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 shall have a written policy on clients civil rights and the practices of the
					 facility shall assure that no client of a facility shall be deprived of civil
					 or legal rights, benefits or privileges guaranteed by law or the Constitution
					 of the United States solely by reason of status as a client of a facility. A
					 copy of these rights shall be posted conspicuously in the facility.
B. In addition to the basic rights enjoyed by
					 other adults, the facility's written policy on rights shall assure that clients
					 shall be afforded the rights enumerated in
					 R.S.
					 28:171.
C. The client shall receive, upon admission
					 and during his/her stay, a written statement of the services provided by the
					 facility and the charges for these services.
D. The client shall be free from mental,
					 emotional, and physical abuse and neglect and assured that no chemical
					 restraints will be used.
E. The
					 facility shall ensure that records and other information about the client are
					 kept confidential and released only with a client's expressed written consent
					 or in accordance with state law.
F.
					 In accordance with facility policy and pursuant to
					 R.S.
					 28:171, the facility shall ensure that the
					 client:
1. receives a timely response to a
					 request from the administrator/director and/or staff;
2. has access to private telephone
					 communication;
3. is able to send
					 and receive mail promptly and unopened;
4. is notified in writing by the facility
					 when the facility's license status is suspended, revoked or limited, and to be
					 informed of the basis of the licensing agency's action;
5. is allowed to select a health care
					 provider and arrange for the services, at his/her own expense, which are not
					 available through the facility as long as the client remains in compliance with
					 the conditions of his/her admission to the facility;
6. is encouraged and assisted to exercise
					 rights as a citizen;
7. is allowed
					 to voice grievances and suggest changes in policies and services to either
					 staff or outside representatives without fear of restraint, interference,
					 coercion, discrimination, or reprisal;
8. is fully informed of all client rights and
					 all rules governing client conduct and responsibilities; and
9. is allowed to consult freely with counsel
					 of their choice.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter F - Facility Responsibilities › Section I-7255 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Facilities shall comply and show proof of compliance with all relevant
					 standards, regulations and requirements established by state, local and
					 municipal regulatory bodies. It is the facilitys responsibility to secure the
					 approvals from the following entities:
1. LDH,
					 Health Standards Section;
2. Office
					 of Public Health;
3. Office of
					 State Fire Marshal;
4. city fire
					 department, if applicable; and,
5.
					 the applicable local governing authority (e.g., zoning, building department or
					 permit office).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter F - Facility Responsibilities › Section I-7257 - Core Staffing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 facility shall be staffed to properly safeguard the health, safety and welfare
					 of the clients, as required by these regulations. At a minimum, the following
					 staff positions are required; however, one person may occupy more than one
					 position.
B. Consulting Forensic
					 Psychiatrist
1. Each facility shall have a
					 qualified physician, currently licensed to practice medicine in Louisiana, who:
a. signs the order admitting the individual
					 to the facility;
b. maintains
					 overall responsibility for the clients medical management; and
c. is readily available for consultation and
					 collaboration with the facility staff.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter F - Facility Responsibilities › Section I-7259 - Client Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 shall maintain a separate record for each client. Such records shall be current
					 and complete and shall be maintained in the facility or in a central
					 administrative location readily available to facility staff and to the
					 department.
B. All records shall be
					 maintained in an accessible, standardized order and format, either
					 electronically and/or in paper form, and shall be retained and disposed of in
					 accordance with state laws.
C. The
					 facility shall have sufficient space, equipment, and supplies for providing
					 effective record keeping services.
D. The facility shall have a secured storage
					 area that ensures the safeguarding of all electronic or paper client records
					 and that prevents loss from, including but not limited to, fire or
					 water.
E. Each record shall contain
					 at least the following information:
1. the
					 client's identifying and personal information including:
a. the clients name;
b. date of birth;
c. sex;
d. Social Security number;
e. previous home address; and
f. marital status, if applicable;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter F - Facility Responsibilities › Section I-7261 - Abuse and Neglect

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 shall have comprehensive written procedures concerning client abuse and neglect
					 to include provisions for:
1. training and
					 maintaining staff awareness of abuse prevention, current definitions of abuse
					 and neglect, reporting requirements and applicable laws;
2. protecting clients from abuse inflicted by
					 other clients, employees or third parties, including but not limited to,
					 criminal prosecution of the offending person and his/her permanent removal from
					 the facility;
3. ensuring that
					 regulations stipulated in this rule for reporting any incidents involving abuse
					 and neglect are followed;
4.
					 ensuring that the administrator/director completes an investigation report
					 within 10 working days; and
5.
					 ensuring that the client is protected from potential harassment during such
					 investigation.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter F - Facility Responsibilities › Section I-7263 - Critical Incidents

Current through Register Vol. 50, No. 6, June 20, 2024
A. A facility
					 shall have written procedures for the reporting and documentation of unusual
					 incidents and other situations or circumstances affecting the health, safety or
					 well-being of a client(s) (i.e. death by unnatural causes, injuries, fights or
					 physical confrontations, situations requiring the use of passive physical
					 restraints, suspected incidents of abuse or neglect). Critical incidents shall
					 be defined by facility policy, approved by the facilitys governing body and
					 reviewed at least annually.
1. Such
					 procedures shall ensure timely verbal reporting to the director or designee and
					 a preliminary written report within 24 hours of the incident.
2. Copies of all critical incident reports
					 shall be kept as part of the client's record and a separate copy shall be kept
					 in the administrative file of the facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter F - Facility Responsibilities › Section I-7265 - Personal Possessions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 facility may, at its discretion, offer to clients the service of safekeeping
					 their valuable possessions. The facility shall have a written statement of its
					 policy.
B. If the facility offers
					 such a service, a copy of the written policy and procedures shall be given to a
					 client at the time of his/her admission.
C. The facility shall give the client a
					 receipt listing each item that it is holding in trust for the client. A copy of
					 the receipt shall be placed in the client's record.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						28:31-28:37.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter F - Facility Responsibilities › Section I-7267 - Client Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility's
					 admission agreement shall include the client's rights regarding personal funds
					 and list the services offered and charges, if any.
B. The facility shall offer safekeeping and
					 management of a clients funds. If a client chooses to entrust funds with the
					 facility, the facility shall obtain written authorization from the client
					 and/or his/her representative for the safekeeping and management of the
					 funds.
C. The facility shall:
1. provide each client with an account
					 statement on a quarterly basis with a receipt listing the amount of money the
					 facility is holding in trust for the client;
2. maintain a current balance sheet
					 containing all financial transactions to include the signatures of staff and
					 the client for each transaction;
3.
					 provide a list or account statement regarding personal funds upon request of
					 the client;
4. maintain a copy of
					 each quarterly account statement in the clients record;
5. keep the funds received from the client in
					 a separate interest-bearing account; and
6. not commingle the clients funds with the
					 facilitys operating account.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter F - Facility Responsibilities › Section I-7269 - Contraband

Current through Register Vol. 50, No. 6, June 20, 2024
A. There shall be
					 no contraband, illegal drugs, controlled dangerous substances or any
					 medications that are not prescribed to a client, on the campus of the facility.
					 Clients may be subjected to random periodic drug testing as a requirement for
					 residency at the facility. A positive drug test shall be reported to the
					 attending psychiatrist and the applicable court.
B. The facility shall have written policies
					 defining contraband and procedures for staff to follow when contraband is
					 discovered.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						28:31-28:37.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter G - Safety and Emergency Preparedness › Section I-7271 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 facility shall have an emergency preparedness plan designed to manage the
					 consequences of natural disasters or other emergencies that could disrupt the
					 facility's ability to provide care and treatment or threatens the lives or
					 safety of the clients and/or the community it serves. The emergency
					 preparedness plan shall be made available, upon request or if mandated to do
					 so, to local, parish, regional and/or state emergency planning organizations,
					 the department and the Office of the State Fire Marshal.
B. At a minimum, the emergency preparedness
					 plan shall include:
1. identification of
					 potential hazards that could necessitate an evacuation, including internal and
					 external disasters such as a natural disaster, acts of bioterrorism, weapons of
					 mass destruction, labor work stoppage or industrial or nuclear
					 accidents;
2. emergency procedures
					 for evacuation of the facility;
3.
					 procedures in the case of interruption of utility services in a way that
					 affects the health and safety of clients;
4. identification of the facility and an
					 alternate facility to which evacuated clients would be relocated;
5. the estimated number of clients and staff
					 that would require relocation in the event of an evacuation;
6. the system or procedure to ensure that
					 medical charts accompany clients in the event of a client evacuation and that
					 supplies, equipment, records and medications would be transported as part of an
					 evacuation; and
7. the roles and
					 responsibilities of staff members in implementing the disaster plan.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter H - Physical Environment › Section I-7275 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Location
1. The area to be licensed as a FSTRA
					 facility shall meet all of the licensing regulations established for FSTRA
					 facilities.
2. A facility that is
					 located within any other facility shall be secure and have its own identifiable
					 staff, space and storage. The facility shall have a separate entrance, separate
					 dining area and separate common areas.
3. A facility that accepts both male and
					 female clients shall not assign male and female clients to reside within the
					 same unit of the licensed facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter I - Secure Community Supervised Transitional/Residential Facility Module › Section I-7279 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Providers applying for the Secure Community Supervised Transitional/Residential
					 (SCSTR) Facility module under the FSTRA facility license shall meet the core
					 licensing requirement as well as the following module specific
					 requirements.
B. A secure community
					 supervised transitional/residential facility is a secure residential facility
					 within the community that provides individualized services to develop daily
					 living skills and to prepare for vocational adjustment and reentry into the
					 community, to persons who are under a court-ordered forensic conditional
					 release and who are referred by a state forensic hospital or a state forensic
					 psychiatric unit.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						28:31-28:37.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter I - Secure Community Supervised Transitional/Residential Facility Module › Section I-7281 - Operational Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Staff
					 Requirements
1. When clients are present, the
					 facility shall provide 24-hour, 7 day per week supervision and the care and
					 services sufficient to meet the needs of the clients. Staffing shall consist of
					 at least three direct care staff persons during the day, one of which shall be
					 a licensed nurse and at least two awake staff during the night.
a. Requirements for the level of supervision
					 provided and the specified time frame for day hours shall be defined by
					 facility policy and approved by the facility governing body with documented
					 annual review.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter J - Secure Forensic Facility Module › Section I-7285 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Providers applying for the secure forensic (SF) facility module under the FSTRA
					 facility license shall meet the core licensing requirement as well as the
					 following module specific requirements.
B. A secure forensic facility is a secure
					 residential facility located on the grounds of a state owned or operated
					 hospital that provides individualized services, including personal care
					 services and medication administration, to persons who are under a court order
					 or court ordered forensic conditional release and who are referred by a state
					 forensic hospital or state forensic psychiatric unit, in order to prepare such
					 persons for transition to a less restrictive environment before transitioning
					 to the community.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						28:31-28:37.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter J - Secure Forensic Facility Module › Section I-7287 - Operational Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 facility shall provide 24-hour, seven day per week supervision and the care and
					 services sufficient to meet the needs of the clients. Staffing shall consist of
					 at least three direct care staff persons during the day and two awake staff
					 during the night. There shall be at least two direct care staff persons in each
					 building and/or unit at all times when clients are present.
1. The facility shall have a RN on duty
					 during the day shift to oversee the nursing services of the facility.
a. Requirements for the level of RN
					 supervision provided and the specified time frame for day shift shall be
					 defined by facility policy, approved by the governing body, reviewed and
					 documented annually.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7503 - Licensing

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
					 Provisions. Rural Health Clinics shall:
1.
					 operate in accordance with rules, regulations and standards contained in this
					 document;
2. meet and maintain
					 compliance with all current DHH minimum licensing standards;
3. maintain a sufficient number of qualified
					 professional personnel to provide services appropriate to level of care and the
					 number of patients served; and
4.
					 maintain at least $500,000 of general liability insurance and $500,000 of
					 professional liability insurance and provide to DHH proof of insurance upon
					 request;
5. The rural health clinic
					 license shall be posted within public view in a conspicuous place within the
					 facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7505 - Denial, Revocation, or Non-Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Secretary of DHH may deny an
					 application for a license, refuse to renew a license or revoke a license when
					 an investigation reveals that the applicant or licensee is not in conformance
					 with or in violation of the provisions of
					 R.S.
					 40:2197, provided that in all such cases, the
					 Secretary shall furnish the applicant or licensee 30 calendar days written
					 notice specifying the reasons for the action.
B. A rural health clinic license may be
					 denied, revoked, or non-renewed for any of, but not limited to, the following
					 reasons:
1. failure to meet any of the
					 minimum standards, rules and regulations as prescribed under
					 R.S.
					 40:2197;
2. conviction of a felony, as shown by a
					 certified copy of the applicant's record of the court of conviction, or if the
					 applicant is a firm or corporation, on any of its members or officers, or of
					 the person designated to manage or supervise the facility; or if the supervisor
					 of the facility is not reputable; or if the staff or a member of the staff is
					 temperamentally or otherwise unsuited for the care of the patients in the
					 facility. For the purposes of this Paragraph,
conviction of a
					 felony
means and includes:
a.
					 conviction of a criminal offense related to that person's involvement in any
					 program under Medicare or Medicaid, since the inception of those
					 programs;
b. conviction of a felony
					 relating to violence, abuse and/or neglect of a person;
c. conviction of a felony related to the
					 misappropriation of property belonging to another person;
3. failure to comply with all federal, state
					 and local laws;
4. failure of the
					 facility to protect patients/persons in the community from harmful actions of
					 the clinic employees, including but not limited to:
a. health;
b. safety;
c. coercion;
d. threat;
e. intimidation;
f. solicitation; and
g. harassment;
5. failure to maintain adequate staff to
					 provide necessary services to current active patients;
6. failure to employ qualified
					 personnel;
7. failure to remain
					 fully operational at all times for any reason other than a disaster;
8. failure to submit fees, including but not
					 limited to, annual renewal fee at least 30 days prior to the license expiration
					 date;
9. failure to allow entry to
					 the rural health clinic or access to any requested records during any state or
					 federal survey;
10. cruelty to
					 patients.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7507 - Changes/Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A . Data
					 Submission. Information requests will be sent to the clinic by various offices
					 of DHH or its contractors. All requests must be answered promptly and must be
					 current at time of renewal or license will not be issued.
1. Each facility shall notify DHH/HSS if
					 facility contracts to provide services under another program such as Community
					 Care, Kid Med, managed care, etc.
2. Failure to return requested information
					 shall result in adverse action including, but not limited to, sanctions, and/or
					 revocation of license.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7509 - Annual Licensing Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Department of Health and Hospital Responsibilities. It is the responsibility of
					 DHH to:
1. send a letter of notification of
					 license renewal to the facility approximately 45 days prior to expiration of
					 the license;
2. conduct an annual
					 survey to assure that the facility provides quality care and adheres to
					 licensing requirements; and
3. make
					 a determination and take appropriate action regarding licensing.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7511 - Notice and Appeal Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Administrative Appeal. In accordance with the Administrative Procedure Act, the
					 facility may request an administrative appeal when notice is received of denial
					 of initial license, denial of a license renewal or revocation of the license.
					 The request for the administrative appeal must be submitted in writing to the
					 Department of Health and Hospitals, Office of the Secretary, within 30 days of
					 receipt of the notice of the adverse action.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						46:153 and
						R.S.
						40:2197.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7513 - Complaint Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 complaints and appeals from complaints will be investigated by the HSS in
					 accordance with Louisiana
					 R.S.
					 40:2009.13 et. seq.
B. Deficiencies or violations noted during
					 complaint investigations may result in adverse actions, sanctions,
					 terminations, and/or require immediate or routine corrective action as
					 determined by DHH.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						40:2197.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7515 - Voluntary Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Cessation of Business. If at any time the
					 facility ceases to operate (regardless of length of time), the license shall be
					 deemed invalid and shall be returned to DHH/HSS within five working days.
1. The agency owner is responsible for
					 notifying DHH of the location of all records required to be maintained by the
					 facility.
2. If the facility fails
					 to surrender its license, the facility and its owners and administrative
					 officers may be prohibited from operating for at least one year as a rural
					 health clinic.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7517 - Personnel Qualifications/Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Responsibility. The administration is
					 responsible for assuring that:
1. all staff
					 members are aware of their job responsibilities and are capable of performing
					 assigned tasks;
2. a facility's
					 staffing is adequate to produce the desired treatment outcomes and must reflect
					 the volume of the patients, patient acuity, and number of services
					 provided;
3. a facility develop and
					 utilize a specific process to determine appropriate staffing levels.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7519 - Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Preventive
					 Services
1. Health. Community-wide
					 immunization efforts; wellness/fitness programs; educational programs; and
					 health screening shall be provided.
2. Dental. Educational information and a
					 current list of local dental providers shall be available.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7521 - Agency Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Municipals. A facility shall function as a community resource for all citizens
					 of the service area and shall promote improvement of the health of the entire
					 community by providing educational opportunities where feasible, resource lists
					 for referrals, assistance with accessing other resources, wellness programs,
					 and participation in community efforts to promote health and safety. A facility
					 shall demonstrate the following.
1.
					 Telemedicine Capacity/Resource. Computer access is recommended.
2. Emergency Preparedness. A facility shall:
a. maintain a disaster plan appropriate to
					 region and community;
b. have
					 facility protocols for medical and non-medical emergencies;
c. maintain emergency supplies to provide
					 basic emergency care in the case of a disaster in the community; and
d. participate in the development of local
					 community disaster plan.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7523 - Procedural Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 following processes are required for rural health clinics in Louisiana:
1. Access to Care. Rural health clinics
					 shall:
a. be in compliance with
					 R.S.
					 40:2007 if the RHC is located within another
					 health care provider;
b. be located
					 away from metropolitan areas;
c.
					 provide services to all citizens of the community across all life
					 cycles;
d. provide service delivery
					 to accommodate the majority of residents of the community; and
e. provide professional coverage as required
					 by §7517 and
					 §7519 C
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7525 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. Medical
					 Records
1. Identifying Information. The
					 patient identification information such as name or ID number must appear on
					 each page.
2. Entry Identification.
					 Entries must be dated, signed, and credentials identified (MD, RN,
					 etc.).
3. Contents. Each patient
					 record must contain the following:
a.
					 personal/biographical data including full name, age, sex, address, employer,
					 home and work telephone numbers, and marital status;
b. next of kin or contact person;
c. pertinent medical
					 history/information.
4.
					 Storage. All medical records shall be protected from theft, fire, and
					 unauthorized use. Open shelving may be utilized only when the patients/visitors
					 do not have access to the storage area. Closed records must be maintained by
					 the facility or its designee in accordance with the following:
a. a minimum of seven years from the date of
					 last entry. After two years, records may be maintained
					 electronically;
b. until the age of
					 majority, plus seven years in the case of children or adolescents.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7529 - Quality Assurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Scope of Care/Services
-a facility shall
						delineate their scope of practice to include:
a. the range of services provided, including
					 conditions prevented, managed, or treated;
b. treatments and/or procedures
					 provided;
c. patient populations
					 served;
d. hours when care or
					 services are provided; and,
e.
					 types of professional disciplines and/or specialists providing
					 services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7531 - Patient's Rights and Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility shall provide education to
					 personnel regarding patient rights during orientation at least annually, and
					 post a copy of the patient's rights in a conspicuous place.
1. Patients of Rural Health Clinics shall
					 have the right to:
a. be treated equally and
					 receive care without regard to age, sex, religion, race or creed;
b. receive care that is not determined by
					 patient's ability to pay for service;
c. confidentiality of his/her clinical
					 records;
d. be informed of all
					 costs and expected payment from other resources;
e. be treated with respect for the individual
					 patient's comfort, dignity and privacy;
f. be informed of his/her rights in advance
					 of care being provided;
g. access
					 information contained in his/her clinical records within a reasonable time
					 frame;
h. make decisions regarding
					 his/her care;
i. formulate advance
					 directives and have staff/ practitioners to comply with those
					 directives;
j. maintain personal
					 privacy and receive care in a safe setting; and
k. be free from verbal or physical abuse or
					 harassment from staff.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 75 - Licensing of Rural Health Clinics › Subchapter A - General Provisions › Section I-7533 - Advisory Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. All members
					 of the advisory committee shall be designated in writing and approved by the
					 governing board. The advisory committee shall be composed of two medical
					 professionals, and at least one consumer of services, not employed by the
					 facility. However, facility staff should attend meetings.
1. Qualifications
a. Medical professionals may be any Louisiana
					 licensed health care professional, including but not limited to, medical
					 doctor, registered nurse, board certified social worker, pharmacist, or
					 physical therapist.
b. Consumers
					 must be members of the local community, over 21 years of age, and not
					 affiliated by employment, family, finance or contract with the facility or its
					 owners.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 76 - Medicare Rural Hospital Flexibility Program (MRHF) › Subchapter A - Critical Access Hospitals › Section I-7601 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
					 word and terms, when used in this Chapter 76 shall have the following meanings,
					 unless the context clearly indicates otherwise.
BPCRH
-Department of Health and
						Hospital, Office of the Secretary, Bureau of Primary Care and Rural Health.
CAH
- Critical Access Hospital.
CMS
- Centers for Medicare and Medicaid
						Services
.
EACH/RPCH
- Essential Access Community
						Hospital/Rural Primary Care Hospital-a limited service rural hospital
						program.
EMS
- Emergency Medical Services.
Health Care Network
- an organization
						consisting of at least one CAH and one acute care hospital with agreements for
						patient referrals, emergency/non-emergency transportation and other services as
						feasible.
HPSA
- Health Professional Shortage
						Area.
HSS
- Department of Health and
						Hospitals, Bureau of Health Services Financing, Health Standards
						Section.
MRHF
- Medicare Rural Hospital
						Flexibility Program.
MSA
- Metropolitan Statistical
						Area.
MUA
- Medically Underserved Area
						designated by the federal Office of Shortage Designations.
Necessary Provider
- a facility located
						in a primary care HPSA or MUA; or located in a parish in which the percentage
						of Medicare beneficiaries is higher than the percentage of Medicare
						beneficiaries residing in the state; or a facility located in a parish in which
						the percentage of the population under 100 percent of the federal poverty level
						is higher than the percentage of the state population under 100 percent of the
						federal poverty level or qualifies as a "rural hospital" under the Louisiana
						Rural Preservation Act.
Not-for Profit
- incorporated as a
						non-profit corporate entity.
Primary Care
- basic ambulatory health
						services that provide preventive, diagnostic and therapeutic care.
Primary Care Physicians
- includes
						general, family and internal medicine, pediatrics and
						obstetrics/gynecology.
QIO
- Quality Improvement
						Organization
Public Hospital
- hospital supported by
						public funds including city, service district and state hospitals.
Rural
- The CAH is located outside any
						area that is a Metropolitan Statistical Area, as defined by the Office of
						Management and Budget or qualifies as a rural hospital under the Louisiana
						Rural Preservation Act.
AUTHORITY NOTE:
						Promulgated in accordance with the Balanced Budget Act of 1997 (P.L.
						105-33) and Title XVIII of the Social Security
						Act; amended by Medicare, Medicaid, SCHIP Balance Budget Refinement Act of
						1999.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 76 - Medicare Rural Hospital Flexibility Program (MRHF) › Subchapter A - Critical Access Hospitals › Section I-7603 - Criteria for Designation as a CAH

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 hospital must submit an application to the BPCRH and must meet the following
					 criteria, or affirm that it can meet these criteria at the time of
					 certification, to be designated as a CAH:
1.
					 be a licensed hospital;
2. be
					 currently participating in the Medicare program and meet applicable conditions
					 of participation;
3. be located in
					 a rural area:
a. may be a rural census tract
					 in a Metropolitan Statistical Area as determined under the Goldsmith
					 Modification, originally published in the
Federal Register
on
					 February 27, 1992 and updated October 1, 2004; or
b. qualifies as a "rural hospital" under the
					 Rural Preservation Act, RS 40:100.143;
4.
a. be
					 located more than a 35-mile drive or a 15-mile drive in mountainous terrain or
					 areas with secondary roads, from the nearest hospital or CAH; or
b. be certified as a necessary provider by
					 qualifying as a "rural hospital" under the Louisiana Rural Hospital
					 Preservation Act RS 40:1300.143; and meeting at least one of the following:
i. be located in a primary care health
					 professional shortage area (HPSA) or a medically underserved area (MUA);
					 or
ii. be located in a parish in
					 which the percentage of Medicare beneficiaries is higher than the percentage of
					 Medicare beneficiaries residing in the state; or
iii. be located in a parish in which the
					 percentage of the population under 100 percent of the federal poverty level is
					 higher than the percentage of the state population under 100 percent of the
					 federal poverty level;
c. provide not more than 25 acute care
					 inpatient beds or swing-beds, meeting such standards as the secretary may
					 establish, for providing inpatient care that does not exceed, as determined on
					 an annual, average basis, 96 hours per patient.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 76 - Medicare Rural Hospital Flexibility Program (MRHF) › Subchapter A - Critical Access Hospitals › Section I-7609 - Application Submission and Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. A hospital that wishes to be designated as
					 a CAH is required to submit an application to the BPCRH. Application forms may
					 be requested and submitted by interested hospitals at any time following HCFA
					 approval of the state's Rural Health Care Plan and application.
B. On receipt of an application, the BPCRH
					 will conduct a review to determining the eligibility of the applicant hospital
					 for conversion and consistency with the criteria for designation detailed in
					 §7603
C. The supporting
					 information to be included with the application is:
1. documentation of ownership, including
					 names of owners and percent of ownership;
2. board resolution to seek CAH
					 certification;
3. documentation of
					 Medicare participation;
4.
					 notification from BPCRH that location is in a HPSA or MUA;
5. affirmation that 24-hour emergency medical
					 care services and medical control agreements are available including
					 information on staffing arrangements;
6. documentation that facility meets rural
					 hospital staffing requirements with the following exceptions:
a. the facility need not meet hospital
					 standards regarding the number of hours per day or days of the week in which it
					 must be open and fully staffed, except as required to make emergency medical
					 care services available and to have nursing staff present if an inpatient is in
					 the facility;
b. the facility may
					 provide the services of a dietician, pharmacist, laboratory technician, medical
					 technologist, and/or radiological technologist on a part-time, off site basis;
					 and
c. inpatient care may be
					 provided by a physician assistant, nurse practitioner, or clinical nurse
					 specialist, subject to the oversight of a physician who need not be present in
					 the facility but immediately available in accordance with state requirements
					 for scope of practice;
7. copy of a needs assessment, if
					 available;
8. copy of a strategic
					 plan for conversion;
9. copy of
					 financial feasibility assessment.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 76 - Medicare Rural Hospital Flexibility Program (MRHF) › Subchapter A - Critical Access Hospitals › Section I-7611 - Technical Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 BPCRH is available to furnish basic technical assistance to hospitals and
					 communities interested in CAH conversion such as providing program information
					 helping with interpretation and completion of the application for designation,
					 and identifying other sources of assistance and information.
AUTHORITY NOTE:
						Promulgated in accordance with the Balanced Budget Act of 1997 (P.L.
						105-33) and Title XVIII of the Social Security
						Act; amended by Medicare, Medicaid, SCHIP Balance Budget Refinement Act of
						1999.