Louisiana Administrative Code

A. The department shall review all components of a training and competency evaluation program for compliance with federal and state regulations. B. Programs not meeting minimum requirements may be terminated if the program does not provide an acceptable plan for correcting defici…

A. A nurse aide shall be responsible for notifying the registry of current contact information such as address, telephone number, and e-mail address. B. A nurse aide shall perform at least eight hours of nursing or nursing-related services in an approved setting during every cons…

A. The Department of Health (LDH) shall develop and maintain the Louisiana Certified Nurse Aide Registry (LCNAR) for individuals who have successfully completed a nurse aide training and/or competency evaluation program. Each individual listed on the LCNAR will have the following…

A. Nurse aides may become certified by reciprocity from other states. Applicants shall, at a minimum, submit to the Nurse Aide Registry the following information either on forms or via electronic submissions approved by the department: 1. his/her name; 2. his/her Social Security …

A. A person shall not be employed as a nurse aide or nurse aide trainee by a nursing facility or hospital based SNF unit for more than 60 days unless he/she has satisfactorily completed an approved training and competency evaluation program. B. A person shall not be employed or c…

A. The department prohibits nursing facilities from offering nurse aide training programs when the facilities have: 1. been determined to be out of compliance by the Medicaid or Medicare Programs until the end of a two-year period during which time no survey or investigation find…

A. The department, through its Division of Administrative Law or successor entity, has provided for a process for the review and investigation of all allegations of wrong-doing by nurse aides employed in nursing facilities. Certified nurse aides and nurse aide trainees must not: …

A. When there are substantiated charges against the CNA, either through oral or written evidence, the department shall notify the individual(s) implicated in the investigation of the following information by U.S. Postal Service mail, FedEx, United Parcel Service, or other documen…

A. When a nurse aide feels that he/she has been wrongly accused, the following procedure shall be followed. 1. The CNA may request an informal dispute resolution (IDR) within 15 calendar days after the delivery or documented attempted delivery of the department’s notice of violat…

A. The CNA may request an administrative hearing within 30 calendar days after the delivery or documented attempted delivery of the department’s notice of violation by U.S. Postal Service mail, FedEx, United Parcel Service, or other document delivery service approved by the depar…

A. Although not specifically required, the Division of Administrative Law or successor entity may schedule a preliminary conference. The purposes of the preliminary conference include, but are not limited to: 1. clarification, formulations and simplification of issues; 2. resolut…

A. Each party shall arrange for the presence of their witnesses at the hearing. B. A subpoena to compel the attendance of a witness may be issued by the administrative law judge: 1. upon written request by a party and a showing of the need for such action; or 2. on his own motion…

A. The administrative law judge may continue a hearing to another time or place, or order a further hearing on his own motion or at the request of any party who shows good cause. B. Where the administrative law judge, at his/her discretion, determines that additional evidence is …

A. If a nurse aide fails to appear at an administrative hearing, a notice/letter of abandonment may be issued by the Division of Administrative Law or successor entity dismissing the appeal. A copy of the notice shall be mailed to each party. B. Any dismissal may be rescinded upo…

Adult Residential Care Provider—a facility, agency, institution, society, corporation, partnership, company, entity, residence, person or persons, or any other group which provides adult residential care for compensation to two or more adults who are unrelated to the licensee or …

A. The LDH establishes provisions for the use of MACs in LLCFs. The department shall maintain a registry of individuals who have, at a minimum: 1. passed a qualifying CNA examination and are in good standing; 2. successfully completed a state-approved MAC training course and comp…

A. Prior to application for a certificate under this Chapter, all persons shall: 1. be proficient in reading, writing, speaking, and understanding the English language at a minimum eighth grade level as evidenced by the MAC training program’s required entry placement test scores.…

A. Initial Certification 1. be a CNA in good standing; 2. be employed in a MAC approved LLCF; 3. meet requirements set forth in §10082; and 4. complete the required MAC training program. B. Renewal Certification 1. A MAC certificate holder shall: a. be a CNA in good standing; b. …

A. Program Coordinator. The state-approved MAC training program shall have a program coordinator who provides general supervision of the training received by the MAC trainees. 1. The program coordinator shall be an RN and shall have the following experience and qualifications: a.…

A. The goal of the MAC training and competency evaluation program is the provision of safe, effective and timely administration of medication to residents by MACs who are able to: 1. communicate and interact completely on a one-to-one basis with residents as part of the team impl…

A. A competency evaluation shall be developed by the training entity and conducted to ensure that each trainee, at a minimum, is able to demonstrate competencies taught in each part of the training curriculum. B. Written examinations shall be provided by the training entity or or…

A. The MAC may perform certain duties and functions delegated by a licensed RN and under the direct supervision of a licensed nurse who is on-site and on duty. These authorized duties shall apply to MAC trainees under the supervision of the clinical instructor. The ratio of MACs …

A. Medication attendants certified shall not: 1. administer any controlled dangerous substances (schedules II through V) as set forth by the Drug Enforcement Agency or the Louisiana Board of Pharmacy; 2. administer any medications by the following parenteral routes: a. intramuscu…

A. The department may suspend, revoke, deny renewal of a certificate, or reprimand a certificate holder for a violation of this Chapter. B. Grounds for disciplinary actions include, but are not limited to: 1. stealing, diverting or otherwise misusing medication; 2. procuring or a…

A. An LLCF with a license that is in good standing with the department may apply to the department to utilize MACs. Upon receipt of a facility’s application, the department shall review the facility’s compliance history. B. If a facility is non-compliant with program regulations,…

A. Pursuant to the Patient Protection and Affordable Care Act (P.L. No. 111-148), hereafter referred to as the Affordable Care Act (ACA), and §1937 of title XIX of the Social Security Act, the department shall expand Medicaid coverage to individuals from age 19 to 65 years old at…

A. Minimum Essential Health Benefits. Pursuant to §1302(b) of ACA, the ABP must provide the new adult group with a benchmark benefit or benchmark-equivalent benefit package that includes the required minimum essential health benefits (EHBs) provided in affordable insurance exchan…

A. The Department of Health and Hospitals, Office of Public Health (OPH), is the state agency within Louisiana granted primary enforcement responsibility from the EPA to ensure that public drinking water systems within the state are in compliance with state regulations that are n…

A. These regulations provide for the Drinking Water Revolving Loan Fund as required by R.S. 30:2011 et seq. and in particular R.S. 30:2011(A)(3), (D)(1); 2074(A)(4), (B)(8); R.S. 40:2824(A); 2826(A), (B), (E), and (F).

A. The following terms used in these regulations shall have the following meanings. Administrative Fee―the fee due from a borrower to the department at the origination of a loan and/or on the outstanding principal amount of a loan payable in installments at such rate or rates and…

A. Letter of Intent. An applicant shall send a letter of intent to the department and OPH. B. Eligible Projects. Financial assistance may be provided only for the construction of drinking water facilities as described in a system improvement plan approved by OPH. The department m…

A. Limitation on Applications. An application shall only be funded after authorization from OPH and after meeting all of the department's requirements. B. Application Package. The contents of the application package must contain all applicable information required by the departme…

A. The provisions for events of default and remedies will be specified in the loan and pledge agreement for each borrower receiving a loan from the fund. The secretary or the undersecretary of the department must approve all remedies for events of default.

A. The department may take certain actions and require a borrower to take actions necessary to assure compliance by such borrower with requirements of the Internal Revenue Code of 1986, as amended, in connection with a loan from the fund. The borrower shall reimburse the departme…

A. Section 330 of the Public Health Service (PHS) Act of 1991 authorized the development of federally qualified health centers (FQHCs) through a grant funding program to provide care and improve the health status of medically underserved populations. B. The U.S. Department of Hea…

A. This Subpart 7 governs the provision of case management services to targeted population groups and certain home and community based services waiver groups. The primary objective of case management is the attainment of the personal outcomes identified in the recipient’s compreh…

A. The Medicaid Program hereby adopts provisions to provide coverage under the Medicaid State Plan for behavioral health services rendered to children and youth in an inpatient psychiatric residential treatment facility (PRTF). These services shall be administered under the autho…

A. Individuals under the age of 21 with an identified mental health or substance use diagnosis, who meet Medicaid eligibility and clinical criteria, shall qualify to receive inpatient psychiatric residential treatment facility services.

A. As per the authority granted in R.S. 30:2376, the Office of State Police, Transportation and Environmental Safety Section will coordinate emergency response activities arising from any release, or threatened release or incident requiring reporting under these rules. Except as …

A. The Department of Public Safety and Corrections adopts the Hazard Communication Standard as detailed in Title 29 CFR, Parts 1910.1200 et seq., as part of these rules. All facilities subject to these state rules (other than any federal, state, or political subdivisions of a sta…

A. Failure to report any regulated material on a Tier Two Inventory form, as provided in these rules and under the authority of R.S. 30:2361-2380, may result in the levying of civil penalties up to $25,000 for each regulated hazardous material not reported and/or for each non-rep…

A. Tier Two “E-filing” is the preferred method of reporting the chemical inventory required in these Rules. All industries and businesses, excepting small businesses, will be required to utilize this electronic means of inventory reporting by March 1, 2002. The use of this “E-fil…

A. An annual fee shall be submitted with the inventory form by each owner or operator required to report under the Right-to-Know Law. The fee shall be assessed in proportion to the number of hazardous materials manufactured, used, or stored on site. B.1. The fees for facilities n…

A. The Department of Public Safety and Corrections adopts as its own the Trade Secrets provisions as found in Title III, Section 322 of the “Superfund Amendments and Reauthorization Act of 1986” (42 U.S.C.A. Section 11042) as passed by the United States Congress.

A. This health planning document was first developed in 1980. Since that time it has been revised periodically to reflect changing conditions in the state. It is, then, a document in transition. In its current form, it contains health need priorities which were first developed fo…

A. Planning for health care is not new either to Louisiana or to the nation as a whole. Since the earliest days of our nation, federal and state governments have concerned themselves with matters affecting the health and welfare of the American people. However, this health planni…

A. Public Law 93-641, the National Health Planning and Development Act of 1974 amends the Public Health Services Act in order to assure the development of a national health policy and effective state and area health planning and resource development programs. B. Public Law 93-641…

A. Consistent with the nature of any plan, this document reflects present conditions, desired future conditions, and the means, resources, and strategies required to progress from the present conditions to the desired future conditions. Expressed in terms of health planning, this…

A. The Louisiana Deferred Compensation Commission (the "commission") developed the following procedures for the election of participant members to the commission, revised August 16, 2005. These procedures shall remain in effect until amended. 1. On or before the first day of Janu…

HISTORICAL NOTE: Promulgated by the Department of the Treasury, Deferred Compensation Commission, LR 32:124 (January 2006), amended LR 50:1012 (July 2024).