La. Admin. Code tit. 48 § I-8401
Abuse-any act or failure to act that caused or may have caused injury to a patient knowingly, recklessly, or intentionally, including incitement to act. Injury may include, but is not limited to: physical injury, mental disorientation, or emotional harm, whether it is caused by physical action or verbal statement. Patient abuse includes:
a. any sexual activity between facility personnel and a patient;
b. corporal punishment;
c. efforts to intimidate;
d. the use of any form of communication to threaten, curse, shame, or degrade a patient;
e. restraints that do not conform to standard practice;
f. coercive or restrictive actions that are illegal or not justified by the patient's condition, taken in response to the patient's request for discharge or refusal of medication or treatment; and
g. any other act or omission classified as abuse by Louisiana law.
Acronyms (Federal)-
a. CFR-Code of Federal Regulations
b. CMS-Centers for Medicare and Medicaid Services
c. Network (13)-Federal ESRD Quality Assurance Supplier
d. PRO-Peer Review Organization
Adequacy of Dialysis-term describing the outcome of dialysis treatment as measured by clinical laboratory procedures.
Adequate/Sufficient-reasonable, enough: e.g., personnel to meet the needs of the patients.
Advertise-to solicit or induce to purchase the services provided by a facility.
Assessment-gathering of information relative to physiological, behavioral, sociological, spiritual, functional and environmental impairments and strengths of the patient using the skills, education, and experience of one's professional scope of practice.
Board(s)-entities responsible for licensing/certification of specific professions (e.g., nursing, counselors, social workers, physicians, etc.).
Chronic Maintenance Dialysis-dialysis that is regularly furnished to an End Stage Renal Disease (ESRD) patient in a hospital-based, independent (free-standing), or home setting.
Consultation-professional oversight, advice, or services provided under contract.
Consumer/Patient-person assigned or accepted for treatment furnished by a licensed facility as specified.
Delegation of Tasks-assignment of duties by a registered nurse to a licensed practical nurse, or other personnel with respect to their training, ability and experience. The registered nurse cannot delegate complex nursing tasks that have not been approved as appropriate for delegation, responsibility, or tasks requiring judgment.
Department-the Louisiana Department of Health and Hospitals (DHH). The following is a list of pertinent sections of DHH.
a.Health Standards Section (HSS)-the section within the Bureau of Health Services Financing that is responsible for conducting surveys, issuing licenses, and serving as the regulatory body for health care facilities in the state.
b.Office for Public Health (OPH)Xthe office that is responsible for the development and enforcement of public health regulations and codes.
c.Division of Architectural Services-the office that is responsible for the professional review of all facility floor plans and site plans prior to licensing to assure compliance with state laws and codes.
d.Program Integrity Section-the section within the Bureau of Health Services Financing that is responsible for investigating alleged fraud and abuse.
Dialysis-a process by which dissolved substances are removed from a patient's body by diffusion from one fluid compartment to another across a semipermeable membrane. The two types of dialysis that are currently in common use are hemodialysis and peritoneal dialysis.
End-Stage Renal Disease (ESRD)-that stage of renal impairment that appears irreversible and permanent, and requires a regular course of dialysis or kidney transplantation to maintain life.
End-Stage Renal Disease Treatment Facility-a facility that presents to the public as a supplier of chronic dialysis services including, at least, hemodialysis, but may also include peritoneal dialysis, home training, or home support.
Exploitation-any act or process to use (either directly or indirectly) the labor or resources of a patient for monetary or personal benefit, profit, or gain of another individual or organization. Examples of exploitation include:
a. use of a patient's personal resources such as credit cards, medical assistance cards, or insurance cards to bill for inappropriate services;
b. use of the patient's food stamps or other income to purchase food or services used primarily by others; and
c. using the patient to solicit money or anything of value from the public.
Facility-a supplier of services, including all employees, consultants, managers, owners, and volunteers as well as the premises and activities.
Medication Administration-the preparation and giving of legally prescribed individual doses of medication to a patient, including the observation and monitoring of the patient's response to the medication.
Medication Dispensing-the compounding, packaging, and giving of legally prescribed multiple doses of medication to a patient.
Neglect-failure to provide adequate health care or failure to provide a safe environment that is free from abuse or danger; failure to maintain adequate numbers of appropriately trained staff; or any other act or omission classified as neglect by Louisiana law.
Office of the State Fire Marshal(OSFM) C the office that is responsible for establishing and enforcing the regulations governing building codes, including Life Safety Codes for healthcare facilities.
On Call-immediately available for telephone consultation.
Sexual Exploitation-a pattern, practice, or scheme of conduct that can reasonably be construed as being for the purpose of sexual arousal or gratification or sexual abuse of any person. It may include sexual contact, a request for sexual contact, or a representation that sexual contact or exploitation is consistent with or part of treatment.
Site/Premises-an identifiable location owned, leased, or controlled by a facility where any element of treatment is offered or provided.
Staff-individuals who provide services for the facility in exchange for money or other compensation, including employees, contract providers/suppliers, and consultants.
Standards-policies, procedures, rules, and other guidelines (i.e., standards of current practice) contained in this document for the licensing and operation of end-stage renal disease treatment facilities.
Supervision-occupational oversight, responsibility and control over employees and/or service delivery by critically watching, monitoring, and providing direction.
Unethical Conduct-conduct prohibited by the ethical standards adopted by DHH, state or national professional organizations or by a state licensing agency.
Unprofessional Conduct-any act or omission that violates commonly accepted standards of behavior for individuals or organizations.
La. Admin. Code tit. 48, § I-8401