La. Admin. Code tit. 48 § I-5633

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-5633 - Governing Body

A. A BHS provider shall have the following:

1. an identifiable governing body with responsibility for and authority over the policies and operations of the BHS provider;

2. documentation identifying the governing bodys:

a. members;

b. contact information for each member;

c. terms of membership;

d. officers; and

e. terms of office for each officer.

B. The governing body of a BHS provider shall:

1. be comprised of one or more persons;

2. hold formal meetings at least twice a year;

3. maintain written minutes of all formal meetings of the governing body; and

4. maintain by-laws specifying frequency of meetings and quorum requirements.

C. The responsibilities of a BHS providers governing body, include, but are not limited to:

1. ensuring the BHS providers compliance with all federal, state, local and municipal laws and regulations as applicable;

2. maintaining funding and fiscal resources to ensure the provision of services and compliance with this Chapter;

3. reviewing and approving the BHS providers annual budget;

4. designating a qualified person to act as administrator, and delegating this person the authority to manage the BHS provider;

5. at least once a year, formulating and reviewing, in consultation with the administrator, the clinical supervisor, clinical director and/or medical director, written policies concerning:

a. the BHS providers philosophy and goals;

b. current services;

c. personnel practices and job descriptions; and

d. fiscal management;

6. evaluating the performance of the administrator at least once a year;

7. meeting with designated representatives of the department whenever required to do so;

8. informing the department, or its designee, prior to initiating any substantial changes in the services provided by the BHS provider; and

9. ensuring statewide criminal background checks are conducted as required in this Chapter and state law.

D. A governing body shall ensure that the BHS provider maintains the following documents:

1. minutes of formal meetings and by-laws of the governing body;

2. documentation of the BHS providers authority to operate under state law;

3. all leases, contracts and purchases-of-service agreements to which the BHS provider is a party;

4. insurance policies;

5. annual operating budgets;

6. a master list of all the community resources used by the BHS provider;

7. documentation of ownership of the BHS provider;

8. documentation of all accidents, incidents, and abuse/neglect allegations; and

9. daily census log of clients receiving services.

E. Service Agreements. The governing body of a BHS provider shall ensure the following with regards to agreements to provide services for the provider:

1. the agreement for services is in writing;

2. the provider reviews all written agreements at least once a year;

3. the deliverables are being provided as per the agreement;

4. the BHS provider retains full responsibility for all services provided by the agreement;

5. all services provided by the agreement shall:

a. meet the requirements of all laws, rules and regulations applicable to a BHS provider; and

b. be provided only by qualified providers and personnel in accordance with this Chapter; and

6. if the agreement is for the provision of direct care services, the written agreement specifies the party responsible for screening, orientation, ongoing training and development of and supervision of the personnel providing services pursuant to the agreement.

La. Admin. Code tit. 48, § I-5633

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 411696 (9/1/2015), Amended by the Department of Health, Bureau of Health Services Financing, LR 431383 (7/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2151-2161.