Louisiana Administrative Code

A. The facility shall provide an organized nursing service with a sufficient number of licensed and unlicensed qualified nursing personnel to meet the total nursing needs of all residents in accordance with the resident care policies of the facility on a 24 hour basis. 1. The fac…

A. The facility must conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each resident's functional capacity and needs, in relation to a number of specified areas. Comprehensive assessments must: 1. be based on a uniform data set…

A. Basis for the Comprehensive Care Plan. All services in a facility shall be provided in accordance with a physician's written order which shall be developed either before admission or before authorization for payment. The facility must develop a comprehensive care plan for each…

A. The facility must arrange for the provision of pharmaceutical services including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all drugs and biologicals to meet the needs of each resident. Prescription drugs not covered by Medicaid …

A. A designated full-time staff member suited by training and experience in food management and nutrition shall be responsible for supervision of dietary services. If the designated staff member is not a qualified dietitian, he/she shall serve as the dietary manager and shall fun…

A. A NF with more than 120 beds must employ a full-time qualified social service director with the following qualifications: 1. a bachelor's degree in social work or a bachelor's degree in a human services field including but not limited to sociology, special education, rehabilit…

A. The facility shall provide an ongoing activities program designed to stimulate and promote the physical, social, emotional, and intellectual well-being of each resident and encourage normal activity and return to self-care. B. Resident Activity Director. The facility's activit…

A. The facility shall maintain medical records which include clinical, medical, and psychosocial information on each resident. 1. These records must be: a. complete; b. accurately documented; c. readily accessible; and d. systematically organized. 2. Facilities shall have written…

A. Dental Services 1. The facility shall assist residents in obtaining routine and 24 hour emergency dental care to meet needs of each resident. 2. Routine dental services are defined as including dentures, relines and repairs to dentures, and some oral surgeries. Medicaid reside…

A. Effective July 1, 1993, a Louisiana nursing facility (NF) resident who is eligible for both Medicare and Medicaid can elect the Medicare hospice benefit if the nursing facility is being or will be reimbursed for the resident's care by Medicaid. B. Hospice care focuses on assur…

A. Mental health rehabilitation services are defined as medically necessary services which can reasonably be expected to reduce the resident's disability resulting from mental illness and to restore the individual to his/her best possible functional level in the community. The se…

A. Residents Receiving Care Under Title XIX (Medicaid) Only 1. The BHSF Medicaid Program shall determine the resident's applicable income (liability when computing facility vendor payments. Vendor payments are subject to the following conditions. a. Vendor payments shall begin wi…

A. Regulations pertaining to this subsection are incorporated under the state plan for the Medicaid program and included in the Medicaid Eligibility Manual (MEM). B. Services and Supplies Included. The nursing facility shall be responsible for providing the following services, su…

A. Initial Cost Report. The initial cost report submitted by all providers of Long Term Care services under the Medicaid Program shall be based on the most recent fiscal year end. 1. An exception to the initial cost report requirement may be recognized on an individual basis upon…

A. General. Facilities shall be subject to audits, inspections of the quality of care provided, and review of each applicant/recipient's need for SN-NRTP, SN-TDC, SN-ID, SN, IC I, or IC II services. B. Audits. All nursing facility providers participating in the Medicaid Program s…

A. The purpose of the level of care (LOC) determination is to assure that individuals meet the functional and medical necessity requirements for admission to and continued stay in a nursing facility. In addition, the LOC determination process assists persons with long-term or chr…

A. Classifications of care are established to ensure placement of residents in Long Term Care Facilities with available and appropriate resources to meet their social psychological, psychological, and biophysical needs. B. Classifications of care are established with consideratio…

A. Several potential avenues of functional and medical eligibility shall be investigated by OAAS. These avenues are called pathways. The pathways are utilized to ensure consistency, uniformity, and reliability in making nursing facility level of care determinations. In order to m…

m. Retaliation by Nursing Facility. Facilities are prohibited from taking retaliatory action against complainants. Persons aware of retaliatory action or threats in this regard should contact the Department of Health and Hospitals. n. Notification of the Complaint Procedure. The …

A. Health facilities must permit each resident to remain in the facility and not transfer or discharge the resident from the facility unless: 1. the transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility; 2. the transf…

A. Under the provisions of Louisiana R.S. 40:2009.2 through 2009.20 and State Operations Manual as published by the Department of Health and Hospitals and Health Care Financing Administration, the following procedures are established for receiving, evaluating, investigating, and …

A. Authority and Scope. Any person or entity found to be in violation of any provision of R.S. 40:2009.1 through 40:2009.11 or any other state or federal statute, regulation, or any Department of Health and Hospitals' rule adopted pursuant to the Administrative Procedure Act gove…

A. All Medicaid-enrolled case management agencies are required to perform the following core elements of case management services. 1. Case Management Intake. The purpose of intake is to serve as an entry point for case management services and to gather baseline information to det…

A. For recipients in the Family Opportunity Act Medicaid Program, an income disregard of $85 will be applied to total gross (earned and unearned) family income and then half of the remaining income will be disregarded. B. During the eligibility determination process for home and …

A. MAGI-based 1. Income shall be calculated in accordance with 42 CFR §435.603 and

B. Financial eligibility for the MAGI groups shall be made using income received in the calendar month prior to the month of application or renewal as an indicator of anticipated income. The taxable gross income of each member of the MAGI household shall be used. Income eligibili…

A. Through contract between the Department of Public Safety and Corrections and the United States Department of Transportation, the state has agreed to adopt and assume responsibility for enforcing certain federal regulations as required by 49 CFR 350.207 and additional regulatio…

A. The following federal motor carrier safety regulations and hazardous materials regulations promulgated by the United States Department of Transportation, revised as of January 1, 2021, and contained in the following parts of 49 CFR as now in effect or as hereafter amended, are…

A. For the purpose of this Chapter, the federal regulations, as adopted or amended herein, shall govern all carriers, drivers, persons or vehicles: 1. to which the federal regulations apply; 2. engaged in the transportation of hazardous materials within this state; 3. designed or…

A. Any person who is determined by the Secretary of the Department of Public Safety and Corrections, after reasonable notice and opportunity for a fair and impartial hearing held in accordance with the Administrative Procedure Act, to have committed an act that is a violation of …

A. To enforce the collection of a civil penalty levied after due process upon a person determined by the secretary of the Department of Public Safety and Corrections to have committed an act that is a violation of R.S. 32:1501 et seq., or adopted or promulgated regulations as pro…

A. Orthopedic shoes and corrections are approved only when the shoes are attached to braces or are needed to protect gains from surgery or casting. Payment will not be made for: 1. metatarsus adductus; or 2. internal tibil torsion.

A. Louisiana lies at the south end of the Mississippi River Valley, and with the exception of Florida and Texas, extends farther south than any other continental state in the United States. The state is bounded on the north by Arkansas, on the west by the Sabine river and Texas, …

A. For governing purposes, Louisiana is divided into 64 parishes. In Executive Order 21, issued by the governor in February, 1973, eight planning regions were designated to be utilized by all state agencies for regional and local planning purposes. Figure 3.1 presents the eight p…

A. The final population census of Louisiana as of April 1, 1980, was 4,205,991. This represents an increase of 561,334 or 15.4 percent over 1970 census figures. Population growth in the state was faster than expected and exceeded projections for the decade prepared in 1976 by the…

A. Rural vs. Urban 1. In the last five years Louisiana has become an urban state. Eight geographic areas now meet the definition of a Metropolitan Statistical Area (MSA). The MSA's in Louisiana are listed in Figure 3.3. Figure 3.3 MSA Parish New Orleans-Orleans Jefferson St. Tamm…

A. Death, disease and disability patterns in a population provide insight into the health of that population. There is no single indicator through which to make totally valid observations about health status, but rather a number of indicators through which a composite picture is …

It is declared to be the purpose of these rules and regulations to: A. establish a goal of reducing the amount of solid waste being disposed of in the state by 25 percent by December 31, 1992; B. encourage the development of solid waste reduction and recycling as a management pro…

A. The following words, terms, and phrases, when used in conjunction with LAC 33:VII.Subpart 1, shall have the meanings ascribed to them in this Chapter, except where the context clearly indicates a different meaning. Elements of Nature―acts of God. Label―a molded imprint or rais…

The following wastes or activities are exempt from the requirements of this Chapter: A. recovered materials, if a majority of the recovered materials at a facility is demonstrated to be sold, used, or reused in a manner satisfactory to the department within 12 months of their rec…

A. Each parish, in conjunction with its municipalities, shall submit to the department for its approval a plan for attaining a 25 percent waste reduction goal by December 31, 1992. 1. All parishes and major municipalities shall have implementation plans on file. Such a plan shall…

A. The department shall compile, publish, and provide upon request a list of recyclers including their name, address and the materials recycled. The list shall be reviewed and updated annually as needed.

A. Effective January 1, 1993, a tipping fee of $0.20 per ton of waste entering a solid waste management facility is hereby established to support local recycling programs. The administrative authority may waive the fee for any solid waste management facility that reaches the 25 p…

A. The speculative accumulation of recyclable materials is prohibited. Recyclable materials subject to the speculative accumulation prohibition are those materials that: 1. are not exempt from regulation as a solid waste by federal or state regulations and/or statutes; 2. otherwi…

A. The purpose of this regulation is: 1. to implement the qualifications and procedures for licensing motor vehicle rental or leasing companies to sell or offer insurance in conjunction with the rental of a vehicle; 2. to govern the transactions of selling travel or automobile re…

A. For the purposes of this regulation the following terms shall have the meaning ascribed herein, unless the context clearly indicates otherwise. Commissioner―the Commissioner of Insurance. Department―the Department of Insurance. Detailed Plan of Operation or Plan―a comprehensiv…

A. Prior to approval, an applicant for a limited license issued to a motor vehicle rental company or franchisee of a motor rental company shall at a minimum: 1. submit an application on forms prescribed by the commissioner; 2. pay the applicable fee required by this Part; 3. prov…