La. Admin. Code tit. 48 § I-4203

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-4203 - Definitions

Accreditation-process by which an ADHC that is owned and operated by a PACE organization with an executed program agreement with CMS/LDH is deemed to meet ADHC licensing requirements.

Activities of Daily Living (ADL)-the functions or tasks which are performed either independently or with supervision, or assistance for mobility (i.e., transferring, walking, grooming, bathing, dressing and undressing, eating and toileting).

Adult Day Health Care (ADHC)-a medical model adult day health care program designed to provide services for medical, nursing, social, and personal care needs to adults who have physical, mental or functional impairments. Such services are rendered by utilizing licensed professionals in a community based nursing center.

Adult Day Health Care Center-any place owned or operated for profit or nonprofit by a person, society, agency, corporation, institution, or any group wherein two or more functionally impaired adults who are not related to the owner or operator of such agency are provided with adult day health care services. This center type will be open and providing services at least five continuous hours in a 24-hour day.

Cessation of Business-center is non-operational and/or has stopped offering or providing services to the community

Change of Ownership (CHOW)-a change in the legal center/entity responsible for the operation of the ADHC center.

Chemical Restraint-any drug that is used for discipline or convenience and when it is not required to treat medical symptoms.

Complaints-allegations of noncompliance with regulations filed by someone other than the center.

Department-the Louisiana Department of Health (LDH) and its representatives.

Direct Care Staff-unlicensed staff who provide personal care or other services and support to persons with disabilities or to the elderly to enhance their well-being, and who are involved in face-to-face direct contact with the participant.

Director-the person designated by the governing body of the ADHC to:

1. manage the center;
2. insure that all services provided are consistent with accepted standards of practice; and
3. ensure that center policies are executed.

Direct Service Worker-an unlicensed staff person who provides personal care or other services and support to persons with disabilities or to the elderly to enhance their well-being, and who is involved in face-to-face direct contact with the participant.

Elopement-to slip away or run away.

Employee-person who performs a job or task for compensation, such as wages or a salary. An employed person may be one who is contracted or one who is hired for a staff position.

Full-Time Equivalent-40 hours of employment per week or the number of hours the center is open per week, whichever is less.

Functionally Impaired Adults-persons 17 years of age or older who are physically and/or mentally impaired and require services and supervision for medical, nursing, social, and personal care needs.

Governing Body-the person or group of persons that assumes full legal responsibility for determining, implementing and monitoring policies governing the ADHC's total operation, and who is responsible for the day-to-day management of the ADHC program, and shall also insure that all services provided are consistent with accepted standards of practice.

Individualized Service Plan (ISP)-an individualized written program of action for each participant's care and services to be provided by the ADHC center based upon an assessment of the participant.

Involuntary Discharge/Transfer-a discharge or transfer of the participant from the ADHC center that is initiated by the center.

Key Staff-the designated program manager(s), social worker(s) or social services designee(s), and nurse(s) employed by the ADHC. A key staff person may also serve as the ADHC director.

Licensed Practical Nurse (LPN)-a person who practices practical nursing and who is licensed to practice practical nursing in accordance with R.S. 37:961 et seq., or current law. The LPN works under the supervision of a registered nurse.

Line of Credit-a credit arrangement with a federally insured, licensed lending institution which is established to assure that the center has available funds as needed to continue the operations of the agency and the provision of services to participants. The line of credit shall be issued to the licensed entity and shall be specific to the geographic location shown on the license. For purposes of ADHC licensure, the line of credit shall not be a loan, credit card or a bank balance.

Minimal Harm-negative impact of injury causing the least possible physical or mental damage.

Non-Operational-the ADHC center is not open for business operations on designated days and hours as stated on the licensing application and business location signage.

Nurse Staffing Agency (NSA)-any person, partnership, corporation, unincorporated association, or other legal entity, including a digital website/platform or digital smart phone application that employs, assigns, or refers nurses or certified nurse aides to render healthcare services in a healthcare facility for a fee. For purposes of these regulations, NSA does not include the following:

1. an NSA that solely provides services in Louisiana under a contract or other agreement with the state of Louisiana, or any executive branch department or agency thereof, as a result of a declared disaster, emergency, or public health emergency;
2. the federal or state government department or agency that provides nursing staff or certified nurse aides to any healthcare provider setting, evacuation site, or shelter location as a result of a declared disaster, emergency, or public health emergency; and
3. an entity that solely provides administrative or consulting services.

Participant-an individual who attends an adult day health care center.

Personal Representative-an adult relative, friend or guardian of a participant who has an interest or responsibility in the participant's welfare. This individual may be designated by the participant to act on his/her behalf and should be notified in case of emergency and/or any change in the condition or care of the participant.

Physical Restraint-any manual method (ex: therapeutic or basket holds and prone or supine containment) or physical or mechanical device material (ex: arm splints, leg restraints, lap trays that the participant cannot remove easily, posey belts, posey mittens, helmets), or equipment attached or adjacent to the participant's body that interferes or restricts freedom of movement or normal access to one's body and cannot be easily removed by the participant.

Primary Care Physician-a physician, currently licensed by the Louisiana State Board of Medical Examiners, who is designated by the participant or his personal representative as responsible for the direction of the participant's overall medical care.

Program Manager-a designated staff person, who is responsible for carrying out the center's individualized program for each participant.

Program of All-Inclusive Care for the Elderly (PACE)-an organization that provides prepaid, capitated, comprehensive health care services.

Progress Notes-ongoing assessments of the participant which enable the staff to update the individualized service plan in a timely, effective manner.

Registered Nurse (RN)-any individual licensed in accordance with R.S. 37:911 et seq., or current law, to engage in the practice of nursing as defined in R.S. 37:913 et seq., or current law.

Revocation-action taken by the department to terminate an ADHC center's license.

Social Service Designee/Social Worker-an individual responsible for arranging medical and/or social services needed by the participant.

Voluntary Discharge/Transfer-a discharge or transfer of the participant from the ADHC center that is initiated by the participant or a legal or personal representative.

Volunteer-a person who provides services at an adult day health care center without compensation.

La. Admin. Code tit. 48, § I-4203

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 34:2177 (October 2008), repromulgated LR 34:2622 (December 2008), amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 38:2373 (September 2012), Amended by the Department of Health, Bureau of Health Services Financing, LR 431964 (10/1/2017), Amended by the Department of Health, Health Standards Section, LR 50404 (3/1/2024).
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.41-46.