reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5521 - Admission and Release

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				  individual whose needs cannot be met by the facility shall be admitted to it.
				  The needs of these individuals shall be determined by an evaluation team
				  approved by the funding agency. The number of individuals admitted to the
				  facility shall not exceed its rated capacity and its provisions for adequate
				  programming. The facility shall admit only those individuals who have had a
				  comprehensive evaluation by an appropriate state-approved evaluation team
				  covering physical, emotional, social, and cognitive factors.
B. The regulations and procedures concerning
				  admission, readmission, and release shall be summarized and
				  available.
C. Procedures shall be
				  established so that parents or guardians who request the release of their child
				  are counseled concerning the advantages and disadvantages of such release. When
				  the facility wishes to dismiss or transfer an individual, there shall be
				  written evidence of the reason for the transfer, and, except in an emergency,
				  30 days prior knowledge, and ordinarily the written consent of the student's
				  parents and the funding agency. At the time of any permanent release or
				  transfer, there shall be recorded a summary of findings, progress, and plans,
				  if any.
D. In the event of any
				  unusual occurrence, including serious illness or accident, impending death, or
				  death, the student's next of kin, or the person who functions in that capacity
				  (a guardian or citizen advocate) shall be notified promptly. Also, the funding
				  agency will be notified at this same time.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 46:1971
					 through 1980.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5523 - General Staffing Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  To conduct the direct-care program, staff personnel shall be sufficient,
				  appropriately qualified, and adequately trained. All direct-care personnel
				  shall be administratively responsible to a person whose training and experience
				  is appropriate to the program.
B.
				  There shall be at least one direct-care staff person on duty in any area of the
				  facility where children are present or are expected to be present.
C. The number of appropriate direct-care
				  staff will be determined by a consideration of the following factors:
1. the number of children;
2. the type and severity of their
				  handicaps;
3. the amount of time
				  that the children are under the care of the facility;
4. the type of program offered by the
				  facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5527 - Health, Hygiene and Grooming

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  persons, both residential and day-care, shall be trained to exercise maximum
				  independence in health, hygiene, and grooming practices, as appropriate
				  (including bathing, brushing teeth, shampooing combing and brushing hair,
				  shaving and caring for toenails and fingernails, except where detrimental to
				  the individual's treatment plan.
B.
				  Anyone who does not eliminate appropriately and independently, shall be engaged
				  in a toilet training program unless to do so would be detrimental to his
				  treatment plan. The training program shall be applied systematically and
				  regularly. Records shall be kept of the progress of each person receiving
				  toilet training. Those who are incontinent shall be immediately bathed or
				  cleansed upon voiding and soiling, unless specifically contraindicated by the
				  training program in which they are enrolled, an all soiled items shall be
				  changed.
C. These procedures shall
				  be established for persons in residential care:
1. monthly weighing, with greater frequency
				  for those with special needs;
2.
				  quarterly measurement of height, until the age of maximum growth;
3. maintenance of weight and height records;
				  and
4. assuring that residents
				  maintain normal weights.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5529 - Food and Nutrition

Current through Register Vol. 50, No. 6, June 20, 2024
A. When meals
				  are provided to day-care students:
1. the
				  food service for such meals shall include menu planning, storing and handling
				  of food, food preparation, and food serving. The food and food service shall
				  maintain sanitary standards in compliance with state and local
				  regulations;
2. a nourishing,
				  well-balanced diet shall be provided to all persons. Modified diets shall be
				  prescribed or approved by the attending physician and planned, prepared, and
				  served by persons who have received adequate instruction. These diets must be
				  periodically reviewed and adjusted as needed;
3. the food and nutrition needs of the
				  individuals shall be met in accordance with the recommended dietary allowances
				  of the Food and Nutrition Board of the National Research Council, National
				  Academy of Sciences, adjusted for age, sex, activity, and disability, through a
				  nourishing, well-balanced diet unless contraindicated by medical
				  needs;
4. denial of a nutritionally
				  adequate meal shall not be used as a punishment;
5. menus shall be written in advance and
				  shall provide for a sufficient variety of foods served in adequate amounts.
				  Menus shall be written so that meals will not be the same for the same day of
				  the week, to keep every Monday from being known as "red beans and rice day".
				  Menus shall be adjusted for seasonal changes. Records of menus as served shall
				  be filed and maintained for at least 30 days;
6. food shall be served in appropriate
				  quantity, at appropriate temperature, in a form consistent with the
				  developmental level of the student, and with appropriate utensils. Food served
				  to students and not consumed shall be discarded;
7. all students, including the mobile
				  nonambulatory, shall eat or be fed in dining rooms, except where
				  contraindicated for health reasons, or by decision of the team responsible for
				  the student's program. Table service shall be provided for all who can and will
				  eat at a table, including students in wheelchairs. The dining areas shall be
				  equipped with tables, chairs, eating utensils, and dishes designed to meet the
				  developmental needs of each student;
8. students shall be provided with systematic
				  training to develop appropriate eating skills, utilizing adaptive equipment
				  where it serves the developmental process.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5531 - Medical Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  consultation services of a licensed physician shall be made available not only
				  for emergencies, but for overall counseling for all health aspects of the
				  center.
B. This physician shall
				  visit the facility at least twice a year and on the outbreak of any epidemic to
				  review the health practices of the center, and to make pertinent
				  recommendations.
C. The medical
				  consultant of the facility will cooperate with the local public health agency
				  in supervising all the health conditions and practices of the facility's
				  program:
1. to approve the facility's written
				  statement regarding the procedures described above;
2. to make recommendations regarding diet,
				  rest, or any other aspects of the program affecting the health of the
				  students;
3. to certify to the
				  facility in writing once a year either that the health aspects of care in the
				  facility conform to the procedure the physician and the local health agency
				  have approved, or that certain irregularities exist. Those reports shall be the
				  basis of the Licensing and Certification study of health aspects of
				  care.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5533 - Services for Education, Training and Habilitation

Current through Register Vol. 50, No. 6, June 20, 2024
A. In those instances where the Department of
				  Education has assumed the responsibility for the educational services at a
				  facility or has imposed licensing requirements for special schools, the
				  standards governing educational service shall be established by the Department
				  of Education and shall supersede the standards set forth below.
B. Students of grossly different ages,
				  developmental levels, and social needs shall not be grouped in close physical
				  or social proximity, unless such grouping is planned to promote the growth and
				  development of all those grouped together. Students who are
				  mobile-nonambulatory, deaf, blind, epileptic, and so forth, shall be integrated
				  with peers of comparable social and intellectual development, and shall not be
				  segregated on the basis of their handicaps.
C. All residential facilities shall provide
				  educational, training and habilitation services as appropriate to the needs of
				  the individuals admitted either directly or through arrangements with agency
				  approved outside resources, including the public school system.
D. The residential facility which provides
				  these services directly shall have an educational, training and habilitation
				  staff which is in a ratio of one staff member to five persons. However, the
				  staff members providing these services may also be used in other capacities by
				  the facility when not engaged in classroom training. The above-mentioned ratio
				  may be waived by the certifying agency if the facility has documented evidence
				  that there is not a need for training staff in these numbers and that the
				  educational, training, and habilitation needs of the individuals would not be
				  impaired.
E. All day-care
				  facilities shall provide directly for educational, training and habilitation
				  services appropriate to the needs of the person. There shall be at least one
				  training staff member for every five persons in day-care facilities. The
				  above-mentioned ratio may be waived by the certifying agency if the facility
				  has documented evidence that there is not a need for training staff in these
				  numbers and that the educational, training, and habilitation needs of the
				  individuals would not be impaired.
F. Training and habilitation services shall
				  be available to all students.
G.
				  The educational services should be structured to develop proficiency in the
				  following areas:
1. communication
				  skills;
2. computational
				  skills;
3. language arts;
4. aesthetic and cultural
				  development;
5. physical education
				  and recreation;
6. motor
				  development (perceptual and fitness);
7. pre-academic education;
8. academic education;
9. pre-vocational education;
10. vocational education.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5535 - Social Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Social
				  services, as part of an interdisciplinary spectrum of services, shall be
				  provided through the use of social work methods directed toward:
1. maximizing the social functioning of each
				  person;
2. enhancing the coping
				  capacity of his family; and
3.
				  assenting and safeguarding the human and civil rights of the individual and his
				  family and fostering the human dignity and personal worth of each
				  individual.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5537 - Physical and Occupational Therapy Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a facility admits persons that have a
				  need for either physical or occupational therapy, those services shall be
				  provided. These services may be provided either directly or through
				  arrangements with an outside resource or with consultation from a qualified
				  therapist. Therapy shall be done through personal contact between therapists
				  and the persons in care or indirectly through contact between therapists and
				  other persons involved with the individual.
B. Physical therapy and/or occupational
				  therapy staff shall provide treatment training programs that are designed to
				  preserve and improve abilities for independent function, such as range of
				  motion, strength, tolerance, coordination, and activities of daily living.
				  Also, to prevent, insofar as possible, irreducible or progressive disabilities,
				  through means such as the use of orthotic and prosthetic appliances, assistant
				  and adaptive devices, positioning, behavior adaptions, and sensory
				  stimulation.
C. The therapist shall
				  function closely with the individual's primary physician and with other medical
				  specialists. Treatment-training progress shall be regularly recorded, evaluated
				  periodically, and used as the basis for continuation or change of the person's
				  program.
D. Evaluation results,
				  treatment objectives, plans, procedures and continuing observations of
				  treatment progress shall be recorded accurately, summarized and communicated to
				  all physicians and other staff involved. These reports shall be used in
				  evaluating progress and included in the individual's record.
E. There shall be available sufficient,
				  appropriately qualified staff, and supporting personnel, to carry out the
				  various physical and occupational therapy services in accordance with stated
				  goals and objectives. Physical and occupational therapy personnel shall be
				  assigned responsibilities in accordance with their qualification, delegated
				  authority commensurate with their responsibilities and provided appropriate
				  professional direction and consultation.
F. To provide efficient and effective
				  physical and occupational therapy services, there shall be adequate space,
				  facilities, equipment, supplies and resources.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S. 46:1971 through
					 1980.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5539 - Speech Pathology and Audiology

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a facility admits persons with a need
				  for speech pathology and/or audiology services, these shall be rendered as
				  appropriate through:
1. direct contact
				  between speech pathologists, audiologists and the students; and
2. working with other personnel, such as
				  teachers and direct-care staff, in implementing communication improvement
				  programs in environmental settings.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5541 - Recreation Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Recreational
				  services shall be coordinated with other services and programs which are
				  provided, in order to make fullest possible use of the facility's resources and
				  to maximize benefits to all concerned.
B. Records concerning those in care shall
				  include periodic surveys of their recreation interests and the extent and level
				  of each person's participation in the activities program.
C. There shall be sufficient, appropriately
				  qualified recreation staff and necessary supporting staff to carry out the
				  various recreation services in accordance with stated goals and objectives.
				  Personnel conducting the recreation program shall have at least demonstrated
				  proficiency and experience in conducting activities in one or more program
				  areas.
D. Recreation areas and
				  facilities shall be designated and constructed or modified so as to be easily
				  accessible to all persons regardless of their disabilities. This area shall be
				  of such a design or location as to be safe and not be a hazard.
E. Recreation equipment and supplies in
				  sufficient quantity and variety shall be provided to carry out the stated
				  objectives of the activities programs.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 46:1971
					 through 1980.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5543 - Design and Equipage

Current through Register Vol. 50, No. 6, June 20, 2024
A. Plant
1. The Day Care Center shall be constructed,
				  equipped, and maintained to insure the safety of all concerned. It is
				  structurally sound and satisfies the following.
a. The facility complies with all applicable
				  state and local codes governing constructions.
b. Fire resistant and flame-spread ratings of
				  construction, materials, and finishes comply with current state and local fire
				  protection codes and ordinances.
c.
				  Fire extinguishers are conveniently located on each floor and in special hazard
				  areas such as boiler rooms, kitchens, laundries, and storage rooms. Fire
				  regulations are prominently posted and carefully observed.
d. Unless the facility is of fire resistant
				  construction, individuals physically handicapped or mentally retarded are not
				  permitted to occupy floors above the street level.
e. The building shall be maintained in good
				  repair and kept free of hazards such as those created by any damaged or
				  defective parts of the building.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5547 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. A complete
				  record shall be maintained for each individual that is adequate for:
1. planning and continuous evaluation of the
				  individual's habilitation and educational program;
2. furnishing documentary evidence of the
				  individual's progress and of this response to his habilitation programs;
				  and
3. protecting the legal rights
				  of the individual facility, and staff.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5551 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Records shall be
				  written and maintained in order to:
1. serve
				  as a basis for planning for the individual in care;
2. provide a means of communication among all
				  appropriate staff who are involved in the treatment;
3. justify and substantiate the adequacy of
				  the evaluation and to form the basis for the ongoing development of the
				  treatment plan;
4. facilitate
				  continuity of treatment and enable the staff to determine, at a future date,
				  what the individual's condition was at a specific time and what procedures were
				  used;
5. furnish documentary
				  evidence of ordered and supervised treatments, observations of the person's
				  behavior, and responses to treatment;
6. serve as a basis for review, study, and
				  evaluation of the treatment rendered;
7. protect the legal rights of the person,
				  the facility, and staff;
8. provide
				  data, when appropriate, for use in research and education.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 55 - Day Developmental Training Centers › Section I-5553 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. A complete
				  record shall be maintained for each individual that is adequate for:
1. planning and continuous evaluation of the
				  individual's habilitation and educational program;
2. furnishing documentary evidence of the
				  individual's progress and of his response to his habilitation program;
				  and
3. protecting the legal rights
				  of the individual facility, and staff.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter A - General Provisions › Section I-5601 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to R.S.
					 40:2151-2161, the Department of Health (LDH) hereby establishes licensing
					 standards for behavioral health service (BHS) providers. The purpose of these
					 Chapters is to provide for the development, establishment and enforcement of
					 statewide licensing standards for the care of clients receiving services from
					 BHS providers, to ensure the maintenance of these standards, and to regulate
					 conditions of these providers through a program of licensure that shall promote
					 safe and adequate treatment of clients of BHS providers.
B. In addition to the requirements stated
					 herein, all licensed BHS providers shall comply with applicable local, state,
					 and federal laws and regulations.
C. The following providers shall be licensed
					 under the BHS provider license:
1. substance
					 use/addiction treatment facilities;
2. mental health clinics; and
3. any other entity that meets the definition
					 of a BHS provider
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5605 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. All BHS
					 providers shall be licensed by the LDH. It shall be unlawful to operate as a
					 BHS provider without a license issued by the department.
B. A BHS provider license authorizes the
					 provider to provide behavioral health services.
C. A BHS provider license shall:
1. be issued only for the person/entity and
					 premises named in the license application;
2. be valid only for the BHS provider to
					 which it is issued and only for one geographic address of that provider
					 approved by LDH;
3. be valid for
					 up to one year from the date of issuance, unless revoked, suspended, or
					 modified prior to that date, or unless a provisional license is
					 issued;
4. expire on the expiration
					 date listed on the license, unless timely renewed by the BHS
					 provider;
5. be invalid if sold,
					 assigned, donated or transferred, whether voluntary or involuntary;
6. be posted in a conspicuous place on the
					 licensed premises at all times;
7.
					 be valid for only one geographic service area; and
8. enable the BHS provider to render
					 delineated behavioral health services within its geographic service area as
					 defined in
					 Section
					 5603
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5606 - License Restrictions and Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A BHS provider shall provide only those
					 services or modules:
1. specified on its
					 license; and
2. only to clients
					 residing in the provider's designated geographic service area or at the
					 provider's licensed location.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5607 - Initial Licensure Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Any entity, organization or person seeking to operate as a BHS provider shall
					 submit a completed initial license application packet to the department for
					 approval. Initial BHS provider licensure application packets are available from
					 HSS.
B. The completed initial
					 licensing application packet shall include:
1. a completed BHS provider licensure
					 application;
2. the non-refundable
					 licensing fee established by statute;
3. the LDH plan review approval letter from
					 OSFM, if applicable;
4. the on-site
					 inspection report with approval for occupancy by the OSFM, if
					 applicable;
5. the health
					 inspection report with recommendation for licensure from the Office of Public
					 Health;
6. a current (within 90
					 days prior to the submission of the application packet) statewide criminal
					 background check, including sex offender registry status, on all owners and
					 managing employees;
7. except for
					 governmental entities, proof of financial viability;
8. an organizational chart and names,
					 including position titles of key administrative personnel and governing
					 body;
9. a legible floor sketch or
					 drawing of the premises to be licensed;
10. a letter of intent detailing the type of
					 BHS provider operated by the licensee and the types of services or
					 specializations that will be provided by the BHS provider (e.g. addiction
					 treatment program, mental health program, residential provider, outpatient
					 provider, opioid treatment program);
11. if operated by a corporate entity, such
					 as a corporation or a limited liability company, current proof of registration
					 and status with the Louisiana Secretary of State;
12. any other documentation or information
					 required by the department for licensure including, but not limited to:
a. documentation for opioid treatment
					 programs, such as a copy of the OBH FNA letter; and
b. a copy of the FNR approval letter for
					 providers of PSR/CPST;
13. for a residential substance use disorder
					 facility, submission of the attestation in accordance with §5712 of this
					 Rule.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5609 - Initial Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the
					 initial license being issued, an initial licensing survey shall be announced
					 and conducted on-site to ensure compliance with the licensing laws and
					 standards.
B. In the event that the
					 initial licensing survey finds that the provider is compliant with all
					 licensing laws, regulations and other required statutes, laws, ordinances,
					 rules, regulations, and fees, the department may issue a full license to the
					 provider.
C. In the event that the
					 initial licensing survey finds that the provider is noncompliant with any
					 licensing laws or regulations, or any other required rules or regulations, that
					 present a potential threat to the health, safety, or welfare of the clients,
					 the department shall deny the initial license. If the department denies an
					 initial license, the applicant for a BHS provider license shall discharge the
					 clients receiving services.
D. In
					 the event that the initial licensing survey finds that the BHS provider is
					 noncompliant with any licensing laws or regulations, or any other required
					 rules or regulations, and the department determines that the noncompliance does
					 not present a threat to the health, safety or welfare of the clients, the
					 department may:
1. issue a provisional
					 initial license for a period not to exceed six months; and/or
2. conduct a follow-up survey following the
					 initial licensing survey to ensure correction of the deficiencies.
a. Follow-up surveys to the initial licensing
					 surveys are unannounced surveys.
b.
					 If all deficiencies are corrected on the follow-up survey, a full license may
					 be issued.
c. If the provider fails
					 to correct the deficiencies, the initial license may be denied.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5611 - Types of Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department has the authority to issue the following types of licenses.
1. Initial License
a. The department may issue a full license to
					 the BHS provider when the initial licensing survey indicates the provider is
					 compliant with:
i. all licensing laws and
					 regulations;
ii. all other required
					 statutes, laws, ordinances, rules, regulations; and
iii. fees.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5613 - Changes in Licensee Information or Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. A BHS provider shall report in writing to
					 HSS within five days of any change of the following:
1. BHS providers entity name;
2. business name;
3. mailing address;
4. telephone number; or
5. email address of the
					 administrator.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5615 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. A BHS
					 provider license shall expire on the expiration date listed on the license,
					 unless timely renewed by the BHS provider.
B. To renew a license, the BHS provider shall
					 submit a completed license renewal application packet to the department at
					 least 30 days prior to the expiration of the current license. The license
					 renewal application packet shall include:
1.
					 the license renewal application;
2.
					 a current OSFM report (for on-site and residential services);
3. a current OPH inspection report (for
					 on-site and residential services);
4. the non-refundable license renewal fee as
					 established by statute;
5. except
					 for governmental entities, proof of financial viability;
6. payment of any outstanding fees, fines or
					 monies owed to the department;
7.
					 for a residential substance use disorder facility, submission of the
					 attestation in accordance with §5712 of this Chapter; and
8. any other documentation required by the
					 department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5617 - Deemed Status

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed
					 BHS provider may request deemed status once the provider becomes accredited by
					 an LDH authorized accreditation organization, or if the applicant has achieved
					 accreditation prior to initial licensure and becomes licensed.
B. The department may approve the deemed
					 status request and accept accreditation in lieu of periodic licensing surveys
					 when the provider provides documentation to the department that shows:
1. the accreditation is current and was
					 obtained through the LDH authorized accreditation organization;
2. all behavioral health services provided
					 under the BHS provider license are accredited; and
3. the accrediting organizations
					 findings.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5619 - Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department may conduct periodic licensing surveys and other surveys as deemed
					 necessary to ensure compliance with all laws, rules and regulations governing
					 behavioral health providers and to ensure client health, safety and welfare.
					 These surveys may be conducted on-site or by administrative review and shall be
					 unannounced.
B. If deficiencies are
					 cited, the department may require the provider to submit an acceptable plan of
					 correction.
C. The department may
					 conduct a follow-up survey following any survey in which deficiencies were
					 cited to ensure correction of the deficiencies.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and R.S.
						40:2151-2161.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5621 - Complaint Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Pursuant to
					 R.S.
					 40:2009.13 et seq., the department may
					 conduct unannounced complaint investigations on all behavioral health
					 providers, including those with deemed status.
B. The department shall issue a statement of
					 deficiencies to the provider if deficient practice is cited as a result of the
					 complaint investigation.
C. Upon
					 issuance of a statement of deficiencies, the department may require the
					 provider to submit an acceptable plan of correction.
D. The department may conduct a follow-up
					 survey following a complaint investigation in which deficiencies were cited to
					 ensure correction of the deficient practices.
E. Informal Reconsiderations of Complaint
					 Investigations
1. A provider that is cited
					 with deficiencies found during a complaint investigation has the right to
					 request an informal reconsideration of the deficiencies. The providers written
					 request for an informal reconsideration shall be received by HSS within 10
					 calendar days of the providers receipt of the statement of deficiencies and
					 shall identify each disputed deficiency or deficiencies and the reason for the
					 dispute that demonstrates the findings were cited in error.
2. An informal reconsideration for a
					 complaint investigation shall be conducted by HSS as a desk review.
3. Correction of the violation or deficiency
					 shall not be the basis for the reconsideration.
4. The provider shall be notified in writing
					 of the results of the informal reconsideration.
5. Except for the right to an administrative
					 appeal provided in
					 R.S.
					 40:2009.16(A), the informal
					 reconsideration shall constitute final action by the department regarding the
					 complaint investigation, and there shall be no further right to an
					 administrative appeal.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5623 - Statement of Deficiencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The BHS
					 provider shall post the following statements of deficiencies issued by the
					 department in a readily accessible place on the licensed premises:
1. the most recent annual survey statement of
					 deficiencies; and
2. each of the
					 complaint survey statements of deficiencies, including the plans of correction,
					 issued after the most recent annual survey.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5625 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 provided in
					 §5677 and
					 §5678 of these licensing regulations, a license shall be immediately null
					 and void if a BHS provider ceases to operate.
B. A cessation of business is deemed to be
					 effective the date on which the BHS provider stopped offering or providing
					 services to the community.
C. Upon
					 the cessation of business, the BHS provider shall immediately return the
					 original license to the department.
D. Cessation of business is deemed to be a
					 voluntary action on the part of the provider. The BHS provider does not have a
					 right to appeal a cessation of business.
E. Prior to the effective date of the closure
					 or cessation of business, the BHS provider shall:
1. give 30 days advance written notice to:
a. HSS;
b. the prescribing physician; and
c. the client, legal guardian or legal
					 representative, if applicable, of each client; and
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5627 - Sanctions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
					 may issue sanctions for deficiencies and violations of law, rules and
					 regulations that include:
1. civil
					 fines;
2. license revocation or
					 denial of license renewal; and
3.
					 any sanctions allowed under state law or regulation.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter B - Licensing › Section I-5629 - Notice and Appeal of License Denial, License Revocation and Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department shall provide written notice to the provider of the following:
1. initial license denial;
2. license revocation; or
3. denial of license renewal.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter C - Organization and Administration › Section I-5631 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose
					 and Organizational Structure. The BHS provider shall develop and maintain a
					 written statement that clearly defines the purpose and organization of the
					 provider. The statement shall include:
1. the
					 program philosophy;
2. the program
					 goals and objectives;
3. the ages,
					 sex and characteristics of clients accepted for care;
4. the geographical area served;
5. the types of services provided;
6. the admission criteria;
7. the needs, problems, situations or
					 patterns addressed by the BHS provider's program; and
8. the BHS providers organizational chart
					 which clearly delineates the line of authority.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter C - Organization and Administration › Section I-5633 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. A BHS provider
					 shall have the following:
1. an identifiable
					 governing body with responsibility for and authority over the policies and
					 operations of the BHS provider;
2.
					 documentation identifying the governing bodys:
a. members;
b. contact information for each
					 member;
c. terms of
					 membership;
d. officers;
					 and
e. terms of office for each
					 officer.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter C - Organization and Administration › Section I-5635 - Policies and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each BHS
					 provider shall develop, implement and comply with provider-specific written
					 policies and procedures related to compliance with this Chapter, including, but
					 not limited to policies and procedures that address:
1. the protection of the health, safety, and
					 well-being of each client;
2. the
					 provision of treatment in order for clients to achieve recovery;
3. access to care that is medically
					 necessary;
4. uniform screening for
					 client placement and quality assessment, diagnosis, evaluation, and referral to
					 appropriate level of care;
5.
					 operational capability and compliance;
6. delivery of services that are
					 cost-effective and in conformity with current standards of practice;
7. confidentiality and security of client
					 records and files and any prohibitions related to social media;
8. client rights;
9. grievance procedures;
10. emergency preparedness;
11. abuse, neglect and exploitation of
					 clients;
12. incidents and
					 accidents, including medical emergencies and reporting requirements, if
					 applicable;
13. universal
					 precautions and infection control;
14. documentation of services;
15. admission, including screening
					 procedures, emergency care, client orientation, walk-in services or other brief
					 or short-term services provided.
16. transfer and discharge
					 procedures;
17. behavior
					 management;
18.
					 transportation;
19. quality
					 improvement;
20. medical and
					 nursing services;
21. research or
					 non-traditional treatment approaches and approval thereof, in accordance with
					 federal and state guidelines;
22.
					 access to and usage of laundry and kitchen facilities;
23. the BHS providers exterior location where
					 smoking, if allowed, may occur;
24.
					 domestic animals, if permitted on premises that, at a minimum, include:
a. required animal vaccinations and updates,
					 as indicated; and
b. management of
					 the animals care and presence consistent with the goals of the program and
					 clients needs, including those with allergies;
25. privacy and security of laboratory
					 testing and screenings, if performed on-site;
26. what constitutes the authorized and
					 necessary use of force and least restrictive measures by uniformed security as
					 related to client behaviors and safety; and
27. compliance with applicable federal and
					 state laws and regulations.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter D - Provider Operations › Section I-5637 - Client Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The BHS
					 provider shall ensure that:
1. a client record
					 is maintained for each client according to current professional
					 standards;
2. policies and
					 procedures regarding confidentiality, maintenance, safeguarding and storage of
					 records are developed and implemented;
3. records are stored in a place or area
					 where safeguards are in place to prevent unauthorized access, loss, and
					 destruction of client records;
4.
					 when electronic health records are used, the most current technologies and
					 practices are used to prevent unauthorized access;
5. records are kept confidential according to
					 federal and state law and regulations;
6. records are maintained at the provider
					 where the client is currently active and for six months after
					 discharge;
7. six months
					 post-discharge, records may be transferred to a centralized location for
					 maintenance;
8. client records are
					 directly and readily accessible to the direct care staff caring for the
					 client;
9. a system of
					 identification and filing is maintained to facilitate the prompt location of
					 the clients records;
10. all record
					 entries are dated, legible and authenticated by the staff person providing the
					 service or treatment, as appropriate to the media used;
11. records are disposed of in a manner that
					 protects client confidentiality;
12. a procedure for modifying a client record
					 in accordance with accepted standards of practice is developed, implemented and
					 followed;
13. an employee is
					 designated as responsible for the client records;
14. disclosures are made in accordance with
					 applicable state and federal laws and regulations;
15. client records are maintained at least 6
					 years from discharge, and for minors, client records are maintained at least 10
					 years.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter D - Provider Operations › Section I-5639 - Quality Improvement Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. A BHS
					 provider shall develop, implement and maintain a quality improvement (QI) plan
					 that:
1. assures that the provider is in
					 compliance with federal, state, and local laws;
2. meets the needs of the providers
					 clients;
3. is attaining the goals
					 and objectives established by the provider;
4. maintains systems to effectively identify
					 issues that require quality monitoring, remediation and improvement
					 activities;
5. improves individual
					 outcomes and individual satisfaction;
6. includes plans of action to correct
					 identified issues that:
a. monitor the effects
					 of implemented changes; and
b.
					 result in revisions to the action plan;
7. is updated on an ongoing basis to reflect
					 changes, corrections and other modifications.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 56 - Behavioral Health Service Providers › Subchapter E - Personnel › Section I-5641 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The BHS
					 provider shall maintain an organized professional staff who is accountable to
					 the governing body for the overall responsibility of:
1. the quality of all clinical care provided
					 to clients;
2. the ethical conduct
					 and professional practices of its members;
3. compliance with policies and procedures;
					 and
4. the documented staff
					 organization that pertains to the providers setting and location.