Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter A - General Provisions › Section I-8401 - Acronyms and Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 following words and terms, when used in this Chapter, shall have the following
					 meanings, unless the context clearly indicates otherwise:
Abuse
-any act or failure to act that
						caused or may have caused injury to a patient knowingly, recklessly, or
						intentionally, including incitement to act. Injury may include, but is not
						limited to: physical injury, mental disorientation, or emotional harm, whether
						it is caused by physical action or verbal statement. Patient abuse
						includes:
a. any sexual activity between facility personnel and a
						patient;
b. corporal punishment;
c. efforts to intimidate;
d. the use of any form of communication to threaten,
						curse, shame, or degrade a patient;
e. restraints that do not conform to standard
						practice;
f. coercive or restrictive actions that are illegal or
						not justified by the patient's condition, taken in response to the patient's
						request for discharge or refusal of medication or treatment; and
g. any other act or omission classified as abuse by
						Louisiana law.
Acronyms
(Federal)-
a. CFR-Code of Federal Regulations
b. CMS-Centers for Medicare and Medicaid Services
c. Network (13)-Federal ESRD Quality Assurance
						Supplier
d. PRO-Peer Review Organization
Adequacy of Dialysis
-term describing
						the outcome of dialysis treatment as measured by clinical laboratory
						procedures.
Adequate/Sufficient
-reasonable, enough:
						e.g., personnel to meet the needs of the patients.
Advertise
-to solicit or induce to
						purchase the services provided by a facility.
Assessment
-gathering of information
						relative to physiological, behavioral, sociological, spiritual, functional and
						environmental impairments and strengths of the patient using the skills,
						education, and experience of one's professional scope of practice.
Board(s)
-entities responsible for
						licensing/certification of specific professions (e.g., nursing, counselors,
						social workers, physicians, etc.).
Chronic Maintenance Dialysis
-dialysis
						that is regularly furnished to an End Stage Renal Disease (ESRD) patient in a
						hospital-based, independent (free-standing), or home setting.
Consultation
-professional oversight,
						advice, or services provided under contract.
Consumer/Patient
-person assigned or
						accepted for treatment furnished by a licensed facility as specified.
Delegation of Tasks
-assignment of
						duties by a registered nurse to a licensed practical nurse, or other personnel
						with respect to their training, ability and experience. The registered nurse
						cannot delegate complex nursing tasks that have not been approved as
						appropriate for delegation, responsibility, or tasks requiring judgment.
Department
-the Louisiana Department of
						Health and Hospitals (DHH). The following is a list of pertinent sections of
						DHH.
a.
Health Standards Section (HSS)
-the
						section within the Bureau of Health Services Financing that is responsible for
						conducting surveys, issuing licenses, and serving as the regulatory body for
						health care facilities in the state.
b.
Office for Public Health (OPH)
Xthe
						office that is responsible for the development and enforcement of public health
						regulations and codes.
c.
Division of Architectural Services
-the
						office that is responsible for the professional review of all facility floor
						plans and site plans prior to licensing to assure compliance with state laws
						and codes.
d.
Program Integrity Section
-the section
						within the Bureau of Health Services Financing that is responsible for
						investigating alleged fraud and abuse.
Dialysis
-a process by which dissolved
						substances are removed from a patient's body by diffusion from one fluid
						compartment to another across a semipermeable membrane. The two types of
						dialysis that are currently in common use are hemodialysis and peritoneal
						dialysis.
End-Stage Renal Disease (ESRD)
-that
						stage of renal impairment that appears irreversible and permanent, and requires
						a regular course of dialysis or kidney transplantation to maintain life.
End-Stage Renal Disease Treatment
						Facility
-a facility that presents to the public as a supplier of
						chronic dialysis services including, at least, hemodialysis, but may also
						include peritoneal dialysis, home training, or home support.
Exploitation
-any act or process to use
						(either directly or indirectly) the labor or resources of a patient for
						monetary or personal benefit, profit, or gain of another individual or
						organization. Examples of exploitation include:
a. use of a patient's personal resources such as credit
						cards, medical assistance cards, or insurance cards to bill for inappropriate
						services;
b. use of the patient's food stamps or other income to
						purchase food or services used primarily by others; and
c. using the patient to solicit money or anything of
						value from the public.
Facility
-a supplier of services,
						including all employees, consultants, managers, owners, and volunteers as well
						as the premises and activities.
Medication Administration
-the
						preparation and giving of legally prescribed individual doses of medication to
						a patient, including the observation and monitoring of the patient's response
						to the medication.
Medication Dispensing
-the compounding,
						packaging, and giving of legally prescribed multiple doses of medication to a
						patient.
Neglect
-failure to provide adequate
						health care or failure to provide a safe environment that is free from abuse or
						danger; failure to maintain adequate numbers of appropriately trained staff; or
						any other act or omission classified as neglect by Louisiana law.
Office of the State Fire Marshal(OSFM)
C the office that is responsible for establishing and enforcing the regulations
						governing building codes, including Life Safety Codes for healthcare
						facilities.
On Call
-immediately available for
						telephone consultation.
Sexual Exploitation
-a pattern,
						practice, or scheme of conduct that can reasonably be construed as being for
						the purpose of sexual arousal or gratification or sexual abuse of any person.
						It may include sexual contact, a request for sexual contact, or a
						representation that sexual contact or exploitation is consistent with or part
						of treatment.
Site/Premises
-an identifiable location
						owned, leased, or controlled by a facility where any element of treatment is
						offered or provided.
Staff
-individuals who provide services
						for the facility in exchange for money or other compensation, including
						employees, contract providers/suppliers, and consultants.
Standards
-policies, procedures, rules,
						and other guidelines (i.e., standards of current practice) contained in this
						document for the licensing and operation of end-stage renal disease treatment
						facilities.
Supervision
-occupational oversight,
						responsibility and control over employees and/or service delivery by critically
						watching, monitoring, and providing direction.
Unethical Conduct
-conduct prohibited by
						the ethical standards adopted by DHH, state or national professional
						organizations or by a state licensing agency.
Unprofessional Conduct
-any act or
						omission that violates commonly accepted standards of behavior for individuals
						or organizations.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						46:153 and
						R.S.
						40:2117.4.