La. Admin. Code tit. 48 § I-5517

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

Section I-5517 - General Policies and Practices

A. The facility shall have written philosophy, objectives and goals that are available to the staff, consumer representatives, the interested public and appropriate state agencies. In addition to the philosophy and objectives of the facility, this written policy must contain the facility's goals for the individuals it cares for and its concept of its relationship to parents or their surrogates.

B. The facility shall have a written statement of policies and procedures concerning the rights of the individuals that assures their civil rights.

C. The facility shall have a written statement of policies and procedures concerning the admittance of individuals of all races that would prohibit discrimination.

D. The facility shall have written policies and procedures that protect the individual's financial interests, provide for counseling concerning use of large sums accrued, protect such funds, and permit normalized possession and use of money earned through work payment programs.

E. Policies and procedures in the major operating units (personnel, education and training, resident living, medical, pharmacy, dental, nursing, physical therapy, occupational therapy, speech and audiology, social services, recreation, psychiatric and psychological services, food and nutrition, etc.) of the facility shall be described in manuals that are current, relevant, available, and followed.

F. Written policy shall prohibit mistreatment, neglect, or abuse. Alleged violations shall be reported immediately, and there shall be evidence that:

1. all alleged violations are thoroughly investigated;

2. the results of such investigation are reported to the administrator or his designated representative within 24 hours of the report of the incident;

3. the results of such investigation shall also be reported to the appropriate funding office which then has the right to make its own investigation or to refer the problem to the Licensing and Certification Section for that office to investigate;

4. either the facility, the funding agency or the Licensing and Certification Section may impose appropriate sanctions if the allegations are substantiated.

G. The facility shall meet all state and federal wage and hour regulations in regard to employment of persons admitted to the facility. Wages earned by persons who are eligible for and receiving state funds shall be reported to the state agency and the facility shall not accept or solicit these funds from persons admitted to the facility. The state may require that these earnings be applied toward the cost of care of the person.

H. The facility shall not coerce persons funded by the state to engage in any type of solicitation for funds, equipment, etc., for utilization by the persons in care or the facility. The state funding agency and parent/guardian must be notified before an individual voluntarily engages in these types of activities.

I. The facility must maintain full financial records which are certified annually and forthwith submit them to the state funding agency. These records shall be subject to audit at any reasonable time by the Department of Health and Human Resources, the Louisiana legislative auditor, the Department of Health, Education and Welfare, and any authorized representative of the state. All income sources shall be identified, all expenses verified, and other information made available as necessary in order to determine the actual cost per person per day for services available. These records shall be maintained.

J. The facility shall have written policies and procedures which safeguard information regarding individuals funded by the state agency, which shall include prohibition of announcement or publication of names or pictures of such persons without the prior written consent of agency and parent/guardian. Confidential information shall not be released to or discussed with an outside source other than the Department of Health and Human Resources and direct collateral services providers without the prior express written consent of the parent/guardian and agency.

K. If the facility conducts research, it shall follow and comply with the statement of assurances on researh involving human subjects required by the United States Department of Health, Education and Welfare for projects supported by that department.

L. The facility shall release information to an organization or individual engaged in research only for purposes directly and previously approved by the state funding agency with assurances that the information will be used only for the purpose for which it is provided, that it will not be released to persons not connected with the study under consideration, and that the final product of the research will not reveal any information that may serve to identify any person funded by the state without written consent of such person and the state agency.

M. Each individual funded by state shall be entitled to receive and send sealed mail, without any form of censorship or invasion of privacy, unless, in the case of a person who is emotionally disturbed, a restriction on incoming mail is recommended by a qualified professional as being necessary to prevent serious harm to the person, and such restriction is prescribed in writing by that qualified professional for a definite period not to exceed one month, in conjunction with therapy being received by the person. In the event that such a restriction is prescribed, a letter may be censored only after a qualified professional has reviewed the contents of that letter and determined that withholding of the letter from that person is necessary to prevent serious harm to the person; the entire letter must be withheld; a copy of the withheld letter must be returned to the sender, along with notification that the letter was withheld and the reasons for the censorship; the facility must retain copies of both the letter withheld and the notification letter sent to the sender, in conformity with the above, and the facility must maintain a log listing all letters withheld; and the facility must make available copies of the letters and log, described in the above, to DHHR and authorized state and federal representative, upon request.

Anything in this paragraph to the contrary notwithstanding, it shall be the duty of the institution to furnish to each person all materials and assistance reasonably necessary to facilitate sending and reading mail.

N. Under appropriate supervision, each individual funded by state shall be provided with suitable opportunities for interaction with members of the opposite sex, except where a qualified professional responsible for the formulation of a particular person's treatment plan writes an order to the contrary and explains the reasons therefore.

O. The following rules shall govern performance of work by individuals funded by agency: No person shall be required to perform work of any kind that involves the operation and maintenance of an institution, nor shall privileges or release from an institution be conditioned upon performance of any work. However, a person may be required to perform vocational training tasks, provided each task is part of the person's individual treatment plan and has been approved as a program activity by a professional responsible for supervising the individual's program, supervised by a qualified professional, and not continued for longer than six months, unless it is specifically reinstated by the person's treatment plan. A person may be required to perform without compensation such housekeeping tasks as would be performed by a person in a natural home, foster home or group home, provided that the person's individual treatment plan does not forbid such work. In no case, however, may a person be required to perform housekeeping tasks for more than 12 other people.

1. An individual may voluntarily engage in work during non-program hours, provided that the person's individual treatment plan does not forbid it, the particular work has been approved by the qualified professional responsible for supervising the implementation of the person's treatment plan, the particular work is supervised by qualified staff, and the conditions of employment and the compensation are in full compliance with all applicable federal laws.

2. No person funded by the state shall be involved in the care, feeding, clothing, training or supervision of other individuals unless the qualified professional responsible for supervising the implementation of the person's treatment plan certifies in writing in the person's record that the particular task will not in any way endanger the life or health or be detrimental to the development of the particular individuals who receive such care.

P. Each individual funded by state shall have the unrestricted right, consistent with reasonable institutional regulations, to visits by and to his parents, foster family or tutor. Visits by and to other persons shall be limited only to the extent that a special restriction is required by the person's individual treatment plan as necessary to prevent serious harm to the individual.

The reasons for any such restriction must be explained in writing. The written order must be reviewed at the end of 30 days and shall be renewed only by the interdisciplinary team. Reasons for renewal must be recorded in the person's records.

Q. Each individual funded by state shall have the right to telephone communication with his parents or tutor to the extent consistent with reasonable institutional regulatiojs. The person shall also have the right to telephone communication with others except to the extent that an appropriately qualified professional responsible for formulation of a particular person's habilitation plan writes an order imposing special restrictions and explains the reasons for any such restrictions. The written order must be renewed semi-annually if any restrictions are to be continued.

La. Admin. Code tit. 48, § I-5517

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

AUTHORITY NOTE: Promulgated in accordance with R. S. 46:1971 through 1980.