La. Admin. Code tit. 48 § I-9115

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

Section I-9115 - Agency Operations

A. Hours of Operation. An agency shall be required to have regular posted business hours and be fully operational at least eight hours a day, five days a week between 7 a.m. and 6 p.m. Patient care services shall be made available as needed 24 hours a day, seven days a week.

B. Operational Requirements

1. An HHA shall:

a. be open for the business of providing home health care services;

b. post its hours of operation and emergency contact procedures in a prominent and easily accessible manner;

c. have an RN immediately available by telecommunications at all times;

d. respond to patient care needs and authorized healthcare provider orders in a timely manner;

e. be able to accept referrals at all times;

f. have at least two patients at all times;

g. have adequate staff to provide for patient care needs according to accepted standards of practice;

h. have policies and procedures specific to the agency which address staff responsibilities and qualifications; agency operations; patient care standards; problem and complaint resolution; purpose and goals of operation; and regulatory and compliance subjects;

i. have policies and procedures that are written, current, and annually reviewed by appropriate personnel;

j. accept medical orders only from an authorized healthcare provider or authorized healthcare provider representative (e.g., hospital discharge planner);

k. use only factual information in advertising;

l. have an emergency preparedness plan (which conforms to the Louisiana Model Home Health Emergency Preparedness Plan) designed to manage the consequences of natural disasters or other emergencies that disrupt the HHA's ability to provide home health services;

m. limit the geographic service area of the agency to a 50-mile radius of the parent agency;

n. act as the patient advocate in medical decisions affecting the patient;

o. protect the patient from unsafe clinical practices;

p. ensure that staff is competent in the treatments and procedures provided to patients prior to the treatments or procedures being provided;

q. operate within the laws and regulations of all local, federal and state agencies which have authority over the operations of such businesses;

r. notify the department of any change of address, services added or ceased, and change of all key employees in accordance with §9109;

s. maintain general and professional liability insurance and workers' compensation insurance in accordance with the requirements of §9105

2. An HHA may:

a. participate as educators in public health fairs and may provide free non-invasive services, such as blood pressure screenings; and

b. advertise its services and provide truthful and accurate informational material to the public in so doing.

3. An HAA shall not:

a. harass, bribe, coerce, or intimidate any patient to change agencies or to select an agency;

b. allow, permit, or encourage any employee or volunteer representing the agency to harass, bribe, coerce, or mistreat any patient in any manner or form; and

c. advertise untruthfully regarding the services provided, professional credentials of any employee, accreditation awards, or other such information that misleads and misinforms the public.

La. Admin. Code tit. 48, § I-9115

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 18:57 (January 1992), amended LR 21:177 (February 1995), LR 27:2248 (December 2001), Amended by the Department of Health, Bureau of Health Services Financing, LR 481835 (7/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2116.31 et seq.