Louisiana Administrative Code

A. Required Services. The ARCP must provide or coordinate, to the extent needed or desired by each resident, the following required services: 1. assistance with activities of daily living and instrumental activities of daily living; 2. meals; 3. basic personal laundry services or…

A. The ARCP shall have written policies and procedures on medication administration including self-administration, assistance with self-administration, gratuitous administration or third party administration, and staff administration of medications. There shall also be policies r…

A. Intermittent nursing services may be provided by level 4 ARCPs only. At no time shall an ARCP serve as provider for a resident whose condition is so unstable as to require continuous monitoring by licensed professional staff. B. Where intermittent nursing services are provided…

A. If the resident’s condition is such that they are unable to manage their own transportation needs, the ARCP shall provide or arrange transportation for the following: 1. all medical services, including ancillary services for medically-related care; 2. scheduled personal servic…

A. For meals that are prepared and/or served by the ARCP, the ARCP shall offer to residents who choose to participate, a minimum of three varied, palatable meals per day, seven days a week. 1. Foods shall be prepared and served in a way that assures that they are appetizing, attr…

A. Scope and Purpose. The ARCP may establish a separate and distinct program to meet the needs of residents with Alzheimer’s disease or a related disorder. The ARCP shall provide a program of individualized care based upon an assessment of the cognitive and functional abilities o…

A. ARCPs shall have a written policy on resident rights and shall post and distribute a copy of those rights. In addition to the basic civil and legal rights enjoyed by other adults, residents shall have the rights listed below. ARCP policies and procedures must be in compliance …

A. ARCPs are prohibited from the use of physical and chemical restraints. The ARCP shall establish and maintain a restraint free environment by developing individual approaches to the care of the resident as determined by resident assessments and PCSPs.

A. Resident Association 1. The provider shall have a formal process and structure by which residents, in representative groups and/or as a whole, are given the opportunity to advise the director regarding resident services and life at the ARCP. a. Any resident association request…

A. Personal Possessions. The ARCP may, at its discretion, offer safekeeping of valuable possessions. The ARCP shall have a written statement of its policy regarding the safekeeping of valuable possessions. 1. If the ARCP offers such a service, a copy of the written policy and pro…

A. The ARCP shall have qualified staff sufficient in number to meet the scheduled and unscheduled needs of residents and to respond in emergency situations. B. Sufficient direct care staff shall be employed or contracted to ensure provision of personal assistance as required by t…

A. At a minimum the following staff positions are required. For ARCPs level 2 through 4, one person may occupy more than one position in the ARCP but shall not be in this position on the same shift. In a level 1 ARCP, one person may occupy more than one staff position on the same…

A. All staff shall receive the necessary and appropriate training to assure competence to perform the duties that are assigned to them. 1. All staff shall receive any specialized training required by law or regulation to meet resident’s needs. 2. The ARCP shall maintain documenta…

A. Administrative Records. The ARCP shall have an administrative record that includes: 1. the articles of incorporation or certified copies thereof, if incorporated, by-laws, operating agreements, or partnership documents, if applicable; 2. the written policies and procedures app…

A. An ARCP shall have written procedures for the reporting and documentation of accidents, incidents and other situations or circumstances affecting the health, safety or well-being of a resident or residents. The procedures shall include: 1. a provision that the director or his/…

A. The ARCP shall have an emergency preparedness plan designed to manage the consequences of all hazards, declared disasters or other emergencies that have the potential to disrupt the ARCP's ability to provide care and treatment and/or threatens the lives or safety of the reside…

A. Following an event or occurrence of a disaster or emergency, whether the ARCP shelters in place or evacuates, upon request by the department the ARCP shall submit a written summary attesting how the ARCP’s emergency preparedness plan was followed and executed. The initial summ…

A. The emergency preparedness plan shall specify the following: 1. list of all persons, agencies, authorities to be notified and routinely updated contact information; 2. process of notification; 3. verification or documentation of attempted notification; and 4. back-up communica…

A. The following applies to any ARCP that evacuates, temporarily relocates or temporarily ceases operation at its licensed location due to an emergency either declared or non-declared, in accordance with state statutes. 1. The ARCP must immediately give written notice to HSS by h…

A. An ARCP licensed in a parish which is the subject of an executive order or proclamation of emergency or disaster issued in accordance with R.S. 29:724 or R.S. 29:766, may seek to inactivate its license for a period not to exceed two years, provided that the following condition…

A. A licensed ARCP in an area or areas which have been affected by a non-declared emergency or disaster may seek to inactivate its license, provided that the following conditions are met: 1. the licensed ARCP shall submit written notification to the HSS within 30 days of the date…

A. The standards in this Subchapter shall apply to any ARCP constructed after the effective date of this rule, alterations, additions or substantial rehabilitation to an existing ARCP, or adaptation of an existing building to create an ARCP. Cosmetic changes to the ARCP such as p…

A. The ARCP shall be constructed, equipped, and maintained in good repair and free of hazards. 1. Potentially hazardous areas include, but are not limited to: a. steep grades; b. cliffs; c. open pits; d. swimming pools; e. high voltage boosters; or f. high speed roads. 2. Potenti…

A. The ARCP shall provide common areas to allow residents the opportunity for socialization. Common areas shall not be confined to a single room. B. The ARCP shall meet the following requirements for resident dining and common areas. 1. The common areas shall be maintained to pro…

A. Level 1 ARCP Bedroom Requirements 1. A level 1 ARCP shall ensure that each single occupancy bedroom space has a floor area of at least 100 net square feet and that each multiple occupancy bedroom space has a floor area of at least 70 net square feet for each resident. Bathroom…

A. Common Areas 1. Furniture for shared living rooms and sitting areas shall include comfortable chairs, tables, and lamps. 2. All furnishings and equipment shall be durable, clean, and appropriate to its function. Furnishings shall be tested in accordance with the provisions of …

NOTE: This Section has been moved from LAC 67:I.1951. A. It is the intent of the legislature to protect the health, safety, and well-being of the children of the state who are in out-of-home care on a regular or consistent basis. Toward that end, it is the purpose of Chapter 14 o…

NOTE: This Section has been moved from LAC 67:I.1953. A. Legislative Provisions. The licensing authority of the Department of Social Services is established by R.S. 46:1401 et seq., and R.S. 46:51 which mandate the licensing of all child care facilities and child placing agencies…

NOTE: This Section has been moved from LAC 67:I.1955. A. Initial Application 1. New buildings shall be non-institutional in design and appearance and physically harmonious with the neighborhood in which they are located, considering such issues as scale, appearance, density and p…

A. A corrective action plan (CAP) shall be submitted for any and all deficiencies noted by Licensing Section staff regarding any licensing law or standard, or any other required statute, ordinance, or standard. The CAP and related documents shall be submitted using the Sanswrite …

NOTE: This Section has been moved from LAC 67:I.1957. Abuse and Neglect Reporting—any suspected abuse and/or neglect of a child in a child care center must be reported in accordance with Louisiana Revised Statutes 14:403. This statement shall be visibly posted in the center with …

NOTE: This Section has been moved from LAC 67:I.1959. A. Class "B" facilities must comply with all regulations set by the Office of the State Fire Marshal, the Office of Public Health, local zoning laws and all laws regarding child abuse or neglect. Client-staff ratios and minimu…

NOTE: This Section has been moved from LAC 67:I.1961. A. Staff Plan. A provider should have a policy for recruitment, supervision and training. 1. Screening a. A provider's screening procedures should address the prospective employee's qualifications, ability, related experience,…

A. State Central Registry Checks for Owners 1. Prior to May 1, 2019, in accordance with R.S. 46:1414.1, all owners and operators affiliated with a facility were required to have on file a state central registry clearance form from child welfare stating that the owners/operators w…

NOTE: This Section has been moved from LAC 67:I.1963. A. Family Involvement 1. A provider should create a policy that encourages ongoing positive communication and contact between clients and their families, their friends and others significant in their lives. 2. A provider shoul…

NOTE: This Section has been moved from LAC 67:I.1965. A. Admission Policies 1. A provider shall have a written description of admission policies and criteria which shall include the following information: a. the age and sex of clients in care; b. the needs, problems, situations o…

A. Criminal Background Checks—Current Owners as of June 1, 2020 1. Effective June 1, 2020 and in accordance with public law 115-123 and R.S. 1587.1, provider shall submit a request for a fingerprint-based criminal background check through the Federal Bureau of Investigation (FBI)…

NOTE: This Section has been moved from LAC 67:I.1967. A. Accessibility. A provider's building, parking lots and facilities shall be accessible to and functional for clients, staff members and the public, as required by applicable federal and state laws and regulations. B. Exterio…

NOTE: This Section has been moved from LAC 67:I.1969. A. Emergency and Safety Plan 1. A provider should have a plan for emergency and safety procedures. 2. The plan should provide for the evacuation of clients to safe or sheltered areas. 3. The plan should include provisions for …

B. The commissioner shall transfer all funds submitted under §6917.A to the office, which shall hold them in escrow pending completion of the administrative and judicial review process, at which time it shall disburse them as provided in §6919.

A. The office shall review each notice of violation and cessation order in accordance with the assessment procedures described in §§6903, 6905, 6907, 6909 and 6911 to determine whether a civil penalty will be assessed, the amount of the penalty, and whether each day of a continui…

A. The office shall assess a penalty for each cessation order. B. The office shall assess a penalty for each notice of violation, if the violation is assigned 31 points or more under the point system described in

A. The office shall use the point system described in this Section to determine the amount of the penalty and, in the case of notices of violation, whether a mandatory penalty should be assessed as provided in §6903.B. B. Points shall be assigned as follows. 1. History of Previou…

A. The office shall determine the amount of any civil penalty by converting the total number of points assigned under §6905 to a dollar amount, according to the following schedule. Points $ Points $ Points $ Points $ 1 20 19 380 37 1,700 55 3,500 2 40 20 400 38 1,800 56 3,600 3 6…

A. The office may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the office shall consider the factors listed…

A. The commissioner, upon his own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in §6905 to set the civil penalty, if he or she determines that, taking into account …

A. Within 15 days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the office and to the inspector who issued the notice of violation or cessation order. The office shall consider any information so submitted …