La. Public Health and Safety § 40:2116.34

Current with changes from the 2024 Legislative Session

Section 40:2116.34 - Minimum standards; rules and regulations

A. The secretary of the department shall prescribe and publish minimum standards pursuant to the Administrative Procedure Act. Such standards shall include but not be limited to the following:

(1) Requiring all such home health agencies to admit patients for skilled care only on the order of an authorized healthcare provider. Signed authorized healthcare provider's orders shall be obtained by the agency.

(2) Providing skilled nursing services and at least one other defined service.

(3) Adopting procedures for the administration of drugs and biologicals.

(4) Maintaining clinical records on all patients accepted for skilled care. The records will be retained in accordance with existing state law.

(5) Requiring all agencies to establish patient care policies and personnel policies.

(6) Requiring all agencies to have services available at least eight hours a day five days a week and available on an emergency basis twenty-four hours a day, seven days a week.

(7) Requiring agencies to make service available to an individual in need within twenty-four hours of a referral unless otherwise ordered by an authorized healthcare provider.

(8) Requiring each agency to have a designated director of nurses who is a full-time employee of the agency and is available at all times during operating hours and additionally as needed.

(9) Requiring each agency to have a designated alternate director of nurses who meets the criteria for director of nurses and functions in that capacity whenever the director of nurses is not available. At a minimum, the alternate director of nurses must be employed for no less than twenty hours per week as defined in the minimum standards.

(10) Requiring the administrator of the agency to be a person who is designated in writing, is administratively responsible and available in person or by telecommunication at all times for all aspects of facility operation, who has three years management experience in health care delivery service, and who meets one of the following conditions:

(a) Is a licensed physician.

(b) Is a registered nurse.

(c) Is employed as an administrator on or after January 13, 2018, and is a college graduate with a bachelor's degree.

(d) Is employed as an administrator prior to January 13, 2018, and has had three additional years of documented experience in a health care delivery service.

(e) Is an administrator who has experience in health service administration with at least one year of supervisory or administrative experience related to home health care or a home health care program.

(f) Repealed by Acts 2021, No. 181, §2, eff. June 11, 2021.

(11) Governing the licensing and operation of home health care agencies, which may include rules relating to licensure information, licensing procedure, agency policies, qualifications and responsibilities of service disciplines, clinical records, and requirements for recordkeeping.

(12) Requiring the administrator of each agency to comply with the minimum continuing education requirements established by the secretary.

B. Repealed by Acts 2022, No. 252, §3.

La. Public Health and Safety § 40:2116.34

Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §14; Acts 1984, No. 347, §1; Acts 1985, No. 912, §1; Acts 1991, No. 136, §1; Acts 1995, No. 1252, §1; Acts 1997, No. 590, §1, eff. July 3, 1997; Acts 2018, No. 206, §4; Acts 2021, No. 181, §§1, 2, eff. June 11, 2021; Acts 2022, No. 252, §3.

Amended by Acts 2022, No. 252,s. 3, eff. 8/1/2022.

Amended by Acts 2021, No. 181,s. 1 and 2, eff. 6/11/2021.

Amended by Acts 2018, No. 206,s. 4, eff. 8/1/2018.

Acts 1966, No. 25, §1, eff. 7/11/1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §14; Acts 1984, No. 347, §1; Acts 1985, No. 912, §1; Acts 1991, No. 136, §1; Acts 1995, No. 1252, §1; Acts 1997, No. 590, §1, eff. 7/3/1997.