Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 9 - Guidelines for Certification of Medication Attendant › Section IX-903 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose of these CMA guidelines, the following
				  definitions shall apply.
Abuse
(adult/elderly)-the infliction of
				  physical or mental injury, or actions which may reasonably be expected to
				  inflict physical injury, on an adult by other parties, including but not
				  limited to such means as sexual abuse, abandonment, isolation, exploitation, or
				  extortion of funds or other things of value (R.S. 15:503).
Abuse
(child)-any of the following acts
				  which seriously endanger the physical, mental, or emotional health and safety
				  of the child:
a. the infliction or attempted infliction, or, as a result of
				  inadequate supervision, the allowance or toleration of the infliction or
				  attempted infliction of physical or mental injury upon the child by a parent or
				  any other person;
b. the exploitation or overwork of a child by a parent or any
				  other person;
c. the involvement of the child in any sexual act with a
				  parent or any other person, or the aiding or toleration by the parent or the
				  caretaker of the child's sexual involvement with any other person or of the
				  child's involvement in pornographic displays, or any other involvement of a
				  child in sexual activity constituting a crime under the laws of this state
(Childrens Code,
article 1003).
Authorized Instructor
-a registered nurse
				  (RN), with a minimum of one-year experience working with people with
				  developmental disabilities, who has completed the training for instructors, and
				  has a current authorization by OCDD to teach the 60-hour medication attendant
				  course.
CMA Applicant
-an employee of an intermediate
				  care facility for people with developmental disabilities or an in-home Medicaid
				  home and community-based service who is enrolled in the 60-hour course
				  curriculum.
Certified Medication Attendant (CMA)
-the
				  designation given an employee who has successfully completed the 60-hour course
				  and passed the OCDD initial certification exam and has been issued a
				  certificate by OCDD.
Department
-the Department of Health
				  (LDH).
Exploitation
(adult/elderly)-the illegal or
				  improper use or management of the funds, assets, or property of a person who is
				  aged or an adult with a disability, or the use of power of attorney or
				  guardianship of a person who is aged or an adult with a disability for one's
				  own profit or advantage (R.S. 15:503).
Extortion
(adult/elderly)-the acquisition of
				  a thing of value from an unwilling or reluctant adult by physical force,
				  intimidation, or abuse of legal or official authority (R.S.
				  15:503)
.
Falsification of Participant Medical
				  Records
-includes, but is not limited to, falsification of time,
				  dosage, date, amount, and documentation of prescribed treatment that did not
				  occur
Falsification or Alteration of CMA
				  Certificate
- includes, but is not limited to, altering expiration
				  date, CMA name, OCDD coordinators signature, or attempting to use another
				  persons certificate.
HCBS (Home and Community-Based Services)
-one
				  or more of the following services:
a.
personal care attendant services
-services
				  required by a person with a disability in order to become physically
				  independent or to remain in or return to the community;
b.
respite care services-
the temporary care
				  and supervision of a person with a disability or an infirm elderly person so
				  that the primary caregiver can be relieved of such duties. Respite care
				  services may be performed either in the home of the person with a disability or
				  infirm elderly person or in a facility owned by the home- and community-based
				  service provider who provides respite care services. For the purposes of this
				  Section, person with a disability shall mean a person with a physical, mental,
				  or medical condition or an adult who requires assistance with activities of
				  daily living;
c.
supervised independent living
				  services
-necessary training, social services, and medical services to
				  enable a person who has mental illness or who has developmental disabilities
				  and who is living in congregate or individual apartments to live as
				  independently as possible in the community;
d.
family support services
-advocacy
				  services, family counseling, including genetic counseling, family subsidy
				  programs, parent-to-parent outreach, legal assistance, income maintenance,
				  parent training, homemaker services, minor home renovations, marriage and
				  family education, and other related programs;
e.
adult day care services
-a group program
				  designed to meet the individual needs of functionally impaired adults which is
				  structured and comprehensive and which provides a variety of health, social,
				  and related support services in a protective setting for a portion of the
				  24-hour day. The group program shall provide for 10 or more functionally
				  impaired adults who are not related to the owner or operator of the home- and
				  community-based service provider. For the purposes of this Section,
functionally impaired adults
shall mean individuals aged 17
				  years of age and older who are physically, mentally, or socially impaired to a
				  degree that supervision is necessary;
f.
substitute family care services
-services
				  providing 24-hour personal care, supportive services and supervision to adults
				  who meet the criteria for having a developmental disability;
g.
supported employment
-a system of supports
				  for people with disabilities in regards to ongoing employment in integrated
				  settings. Supported employment can provide assistance in a variety of areas,
				  including:
i. job development;
ii. job coaches;
iii. job retention;
iv. transportation;
v. assistive technology;
vi. specialized job training; and
vii. individually tailored supervision;
h.
monitored in-home caregiving
-services
				  provided by a principal caregiver to a client who lives in a private unlicensed
				  residence. The principal caregiver shall reside with the client, and shall be
				  contracted by the licensed HCBS provider having a monitored in-home caregiving
				  service module.
Home- and Community-Based Service
				  Provider
-an agency, institution, society, corporation, person or
				  persons, or any other individual or group that provides one or more home- and
				  community-based services as defined in this Section. The term
home- and
				  community-based service provider
shall not include any of the
				  following:
a. any person, agency, institution, society, corporation,
				  group, or entity that solely prepares and delivers meals, that solely provides
				  sitter services, or that solely provides housekeeping services;
b. any person, agency, institution, society, corporation,
				  group, or entity who provides gratuitous home-and community-based
				  services;
c. any individual licensed practical nurse or registered
				  nurse who has a current Louisiana license in good standing, and who provides
				  personal nursing services in the home to an individual, provided that the nurse
				  has contracted with the individual or family for such services and payment of
				  such services;
d. staffing agencies which supply contract workers to a
				  health care provider licensed by the department;
e. any person who is employed as part of a department
				  authorized self-direction program (R.S.
				  40:2120.2).
ICF/DD (Intermediate Care Facility for People with
				  Developmental Disabilities)
-an institution (or distinct part of an
				  institution) that:
a. is primarily for the diagnosis, treatment, or
				  rehabilitation of people with developmental disabilities or persons with
				  related conditions; and
b. provides, in a protected residential setting, ongoing
				  evaluation, planning, 24-hour supervision, coordination, and integration of
				  health or rehabilitative services to help each individual function at his or
				  her greatest ability (CMS
				  42 CFR
				  435.1009).
Institutional Abuse or Neglect
-any case of
				  child abuse or neglect that occurs in any public or private facility that
				  provides residential child care, treatment, or education
(Childrens
				  Code,
article 603).
Misappropriation of Property
-to take
				  possession, without permission, of any and all of an individuals personal
				  belongings.
Neglect
(adult/elderly)-the failure, by a
				  caregiver responsible for an adult's care or by other parties, to provide the
				  proper or necessary support or medical, surgical, or any other care necessary
				  for his/her well-being. No adult who is being provided treatment in accordance
				  with a recognized religious method of healing in lieu of medical treatment
				  shall, for that reason alone, be considered to be neglected or abused (R.S.
				  15:503).
Neglect (child)
-the refusal or failure of a
				  parent or caretaker to supply the child with necessary food, clothing, shelter,
				  care, treatment, or counseling for any injury, illness, or condition of the
				  child, as a result of which the child's physical, mental, or emotional health
				  and safety is substantially threatened or impaired. Whenever, in lieu of
				  medical care, a child is being provided treatment in accordance with the tenets
				  of a well-recognized religious method of healing which has a reasonable, proven
				  record of success, the child shall not, for that reason alone, be considered to
				  be neglected or abused. Disagreement by the parent regarding the need for
				  medical care shall not, by itself, be grounds for termination of parental
				  rights. However, nothing herein shall prohibit the court from ordering medical
				  services for the child when there is substantial risk of harm to the child's
				  health or welfare
(Childrens Code,
article 1003).
Office
-the Office for Citizens with
				  Developmental Disabilities (OCDD).
Supports and Services Center
-a state ICF/DD
				  operated by the Office for Citizens with Developmental Disabilities.
Waiver Program Services
-other services
				  approved by the Centers for Medicare and Medicaid Services for home-and
				  community-based waivers for the Louisiana Medicaid Program.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  37:1021-1025.