Louisiana Administrative Code

A. Effective November 1, 2020, the department may enter into agreements for the purpose of administrating the Jobs for America's Graduates Louisiana (JAG-LA) Program to help keep in school those students at risk of failing in school, to capture out-of-school youth in need of a hi…

A. Effective October 1, 2007, the Office of Family Support shall enter into a Memorandum of Understanding with the Louisiana Office of Public Health, Maternal and Child Health Program to serve low-income, first-time mothers by providing nurse home visitation services beginning ea…

A. Effective October 17, 2007, the Office of Family Support shall enter into a Memorandum of Understanding with the Department of Education for the General Educational Development (GED) Testing Program. B. The services provided consist of GED adult literacy services which prepare…

A. The Child Welfare Emergency Assistance Services Program will provide services to children who are removed from their parents by the courts and are in foster care. These services include case management and planning as performed by DCFS’ staff. The types of assistance that meet…

A. The department, through an agreement with the Louisiana Office of Student Financial Assistance (LOSFA), shall collect information on tuition assistance expenditures provided to eligible low income students who are pursuing postsecondary education for the purpose of claiming el…

A. In order to qualify for the supports waiver, an individual must be 18 years of age or older, offered a waiver opportunity (slot), and meet all of the following criteria: 1. have a developmental disability as specified in R.S. 28:451.2; 2. be on the registry, unless otherwise s…

A. Beneficiaries shall be denied admission to, or discharged from, the supports waiver if one of the following criteria is met: 1. the beneficiary does not meet the financial eligibility requirements for the Medicaid Program; 2. the beneficiary does not meet the requirement for a…

A. The Office for Citizens with Developmental Disabilities (OCDD) has developed a framework for all activities related to planning for individualized supports and services. Discovery activities include: 1. a review of the beneficiary’s records relevant to service planning (i.e. s…

A. Effective January 1, 2021, law enforcement agencies that fail through certification as a Louisiana Incident Based Crime Reporting System (LIBRS) agency shall not be eligible for funding under any grant program administered by the Commission on Law Enforcement. B. Any agency re…

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 f…

Abuse—the infliction of physical or mental injury or the causing of the deterioration of an individual by means including, but not limited to, sexual abuse, or exploitation of funds or other things of value to such an extent that his health or mental or emotional well-being is en…

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 …

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. B. A BHS provider may apply for a waiver from the HSS to provi…

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 app…

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…

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. a…

A. Addition of Services to an Existing Behavioral Health Service Provider (BHSP) License 1. A BHSP with an active BHSP license, current and in good standing, may submit a request to add a service. The following information shall be submitted for consideration of this request: a. …

A. A BHS provider shall report in writing to HSS within five days of any change of the following: 1. BHS provider’s entity name; 2. business name; 3. mailing address; 4. telephone number; or 5. email address of the administrator. B. Any change to the BHS provider’s name or doing …

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 expi…

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 stat…

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 o…

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…

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, inc…

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 service…

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. B. The department may deny an applicat…

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. B. The BHS provider has the right to an administrative reconsideration of the initial license denial, license revoca…

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, se…

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 body’s: a. members; b. contact information for each member; c. term…

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 …

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 ar…

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 provider’s clients; 3. is attaining the goals and objectives established by t…

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 …

A. All BHS providers shall abide by the following minimum core staffing requirements and shall meet the additional requirements. All BHS providers shall also meet the additional requirements for each specialized program or module pursuant to the provisions of this Chapter as appl…

A. A BHS provider shall maintain a personnel file for each employee and direct care staff member. Each record shall contain: 1. the application for employment and/or resume, including contact information and employment history for the preceding five years, if applicable; 2. refer…

A. A BHS provider shall not refuse admission to any individual on the grounds of race, religion, national origin, sexual orientation, ethnicity or disability. B. A BHS provider shall admit only those individuals whose behavioral health needs, pursuant to the Initial Admission Ass…

A. Each provider shall develop, implement and comply with policies and procedures that address: 1. discharge; 2. transition to another level of care; and 3. transfer to another licensed provider. B. The BHS provider shall ensure that a client is discharged: 1. when the client’s t…

A. A BHS provider shall deliver all services according to a written plan that: 1. is age and culturally appropriate for the population served; 2. demonstrates effective communication and coordination; 3. provides utilization of services at the appropriate level of care; 4. is an …

A. Each client of the BHS provider shall have a treatment plan based on the assessment that contains: 1. documented input from the counselor and client within 72 hours after admission to a residential facility, with information from other disciplines added as the client is evalua…

A. A BHS provider shall provide the following services to its clients when needed: 1. assessment; 2. orientation; 3. treatment; 4. client education; 5. consultation with professionals; 6. counseling services; 7. referral; 8. rehabilitation services; 9. crisis mitigation; and 10. …

A. Each BHS provider that provides medication management and/or addiction treatment services shall: 1. have a written agreement for laboratory services off-site or provide laboratory services on-site; 2. ensure that the laboratory providing the services has current clinical labor…

A. A BHS provider that stores stock medications of scheduled controlled dangerous substances shall maintain: 1. a site-specific Louisiana controlled dangerous substance license in accordance with the Louisiana Uniform Controlled Dangerous Substance Act; and 2. a United States Dru…

A. The BHS provider shall develop, implement and comply with policies and procedures that: 1. protect its client’s rights; 2. respond to questions and grievances pertaining to these rights; 3. ensure compliance with client’s rights enumerated in R.S. 28:171; and 4. ensure complia…

A. The provider shall develop, implement and comply with a written grievance procedure for clients designed to allow clients to submit a grievance without fear of retaliation. The procedure shall include, but not be limited to: 1. a procedure for filing a grievance; 2. a time lin…

A. The provider shall maintain its exterior areas that are accessible to the clients, including the grounds and structures on the grounds, in good repair and free from potential hazards to health or safety. B. The provider shall ensure the following: 1. garbage stored outside is …

A. The BHS provider that provides services on-site shall: 1. have a physical environment that ensures the health, safety and security of the clients; 2. have routine maintenance and cleaning services; 3. be well-lit, clean, safe and ventilated; 4. maintain its physical environmen…

A. The provider shall evaluate each client’s physical, emotional and medical needs and the physical environment of the facility in order to ensure the safety and well-being of all admitted clients. B. Common Area. The facility’s physical environment shall have a designated space …

A. All BHS providers offering services via a mobile unit shall notify the HSS prior to providing services via a mobile unit. B. The mobile unit shall be maintained in safe working order and in compliance with applicable state and federal regulations and laws, including but not li…