La. Admin. Code tit. 37 § III-1925

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-1925 - Modifications/Renovations to Patient's Residence

A. The fund will provide and/or fund the cost of modifications to a patient's residence which are reasonably necessary in providing reasonable medical, physical rehabilitation, and custodial services for the patient and which are made necessary by the health care provider's malpractice. The fund will not provide nor fund the cost of devices of convenience.

B. Upon request by the patient and/or the patient's family or care givers for modifications, there will be a meeting with the claims manager to determine specifically what modifications should be made to the home. The claims manager and the architect chosen by the fund will then review the medical report(s), and then meet to determine what action will be taken as to the modifications of the home, within the specific guidelines listed below.

1. The fund will provide and/or fund the cost of modifications or renovations to the patient's existing home including, but not limited to, modifications of lavatories, including handicap accessible toilets, showers, ramps for ingress and egress, expanded doorways, and expansion of rooms to accommodate medical devices required by the patient, which are reasonably necessary for the care and rehabilitation of the patient and in accordance with the American with Disabilities Act and other applicable handicap accessibility standards.

2. All renovations and/or modifications will be designed and built with builders spec or similar grade materials from plans drawn and/or approved by an architect obtained by the fund. The fund will determine the amount to be paid by the fund based on the architect's recommendations and proposals obtained from reputable contractors. Any deviations from this amount must be preapproved by the fund or borne by the patient or claimant, as applicable.

3. When the fund has provided and/or funded modifications or renovations to the home where the patient resides, the fund shall retain no interest in that residence. Where the home is owned by the patient's parents, relatives, care givers, or guardian, the fund reserves the right to require the owners of the home to execute a promissory note, mortgage, or other instrument of security in favor of the patient in an amount equal to the increased value of the home, as determined by a qualified appraiser retained by the fund.

La. Admin. Code tit. 37, § III-1925

Promulgated by the Office of the Governor, Patients' Compensation Fund Oversight Board, LR 19:1568 (December 1993), amended by the Office of the Governor, Division of Administration, Patients' Compensation Fund Oversight Board, LR 38:2548 (October 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1299.44(D)(3).