La. Admin. Code tit. 48 § III-501

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

Section III-501 - Governing Body and Management

A. General

1. The governing body of a community mental health center (other than centers operated by governmental agencies) shall, where practicable, be composed of individuals who reside in the centers' catchment area and who, as a group, represent the residents of that area taking into consideration their employment, age, sex and place of residence, and other demographic characteristics of the area. The board shall meet at least once a month. At least one-half of the members of the board shall be individuals who are not providers of health care.

2. In the case of a community mental health center operated by a governmental agency and not otherwise required by federal law or regulation, the agency director may be designated to assume the authority, role, and responsibility of the governing body. However, in such cases, there shall be an advisory board or committee to advise the director with respect to operations of the center. The advisory board or committee shall be composed of individuals who reside in the centers' catchment area, who are representative of the residents of the area as to employment, age, sex, place of residence, and other demographic characteristics, and at least one-half of whom are not providers of health care.

3. The governing body shall provide written documentation of its source of authority.

4. The governing body of a community mental health clinic shall be the same as the governing body of its parent center, and shall meet the requirements described for center governing bodies.

B. Responsibilities of the Governing Body

1. The governing body shall establish overall policy of the center (including a schedule of hours during which services will be provided), approve the centers' annual budget, and approve selection of a director for the center.

2. In addition, the governing body shall be responsible for:

a. overall operation of the center;

b. the adequacy and quality of patient care;

c. the financial solvency of the center and the appropriate use of its funds; and

d. the implementation of the standards set forth in this document through establishment of clear, written policy, rules and regulations.

3. The governing body shall assure that the center is in compliance with all federal, state, and local laws and regulations, and appropriate staff shall review and act promptly upon reports of authorized inspecting agencies.

C. Chief Executive Officer

1. The governing body shall appoint a chief executive officer or officers, whose qualifications, authority, and duties shall be defined in writing. Where more than one individual has direct administrative authority the administrative relationships, authority, and responsibilities shall be clearly delineated.

2. The chief executive officer shall be a psychiatrist or other physician, psychologist, nurse, social worker, or public health administrator with at least a master's degree in health, mental health, or an allied vocational field. If the director is not a psychiatrist or other physician with special knowledge in the care and treatment of emotionally disturbed persons, the ultimate responsibility for treatment and care of patients shall rest with a psychiatrist or other qualified physician who is directly accountable to the governing body.

3. The chief executive officer is responsible for:

a. the general administration of the center or clinic within the policies, rules and regulations established by the governing body;

b. the appropriate delegation of authority and responsibility and establishment of means of accountability on the part of subordinates;

c. effective liaison between the governing body and the programs and staff of the center or clinic;

d. providing the governing body and the staff with the information required for the proper discharge of their duties;

e. sharing with the governing body and the staff the responsibility for providing high quality care for those who seek services;

f. coordinating the standards review process and keeping the governing body informed of the results, recommendations made, and actions necessary after the standards review;

g. such other responsibilities as the governing body may delegate.

D. Financing and Accounting Procedure

1. The governing body, through its chief administrative officer, shall provide for the control and use of the physical and financial resources of the center or clinic.

2. A budget should be approved by the governing body with participation of appropriate staff.

3. There shall be written policies and procedures for the control of accounts receivable and for the handling of cash.

4. There shall be written policies and procedures for collections of third party payments and documentation of attempts to collect same.

5. A current written schedule of rates and charges for all facility services shall be maintained and shall be available to all who use the services.

6. There should be an insurance program that provides the protection of the physical and financial resources of the facility.

7. There shall be written policies governing the control of inventories, including purchasing procedures and supply distribution.

8. An audit of financial operations of the facility shall be performed by an independent certified public accountant at least annually. (In the state system, audits of the legislative auditor shall satisfy this requirement.)

La. Admin. Code tit. 48, § III-501

Promulgated by the Department of Health and Human Resources, Office of Mental Health, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with PL 94 :63, the Community Mental Health Centers' Act of 1975 and R.S.1950, Title 28, §203.