Current through Register Vol. 50, No. 9, September 20, 2024
A. The fund will provide and/or fund the cost
of modifications to a patient's residence which are reasonably necessary in
providing reasonable medical, physical rehabilitation, and custodial services
for the patient and which are made necessary by the health care provider's
malpractice. The fund will not provide nor fund the cost of devices of
convenience.
B. Upon request by the
patient and/or the patient's family or care givers for modifications, there
will be a meeting with the claims manager to determine specifically what
modifications should be made to the home. The claims manager and the architect
chosen by the fund will then review the medical report(s), and then meet to
determine what action will be taken as to the modifications of the home, within
the specific guidelines listed below.
1. The
fund will provide and/or fund the cost of modifications or renovations to the
patient's existing home including, but not limited to, modifications of
lavatories, including handicap accessible toilets, showers, ramps for ingress
and egress, expanded doorways, and expansion of rooms to accommodate medical
devices required by the patient, which are reasonably necessary for the care
and rehabilitation of the patient and in accordance with the American with
Disabilities Act and other applicable handicap accessibility
standards.
2. All renovations
and/or modifications will be designed and built with builders spec or similar
grade materials from plans drawn and/or approved by an architect obtained by
the fund. The fund will determine the amount to be paid by the fund based on
the architect's recommendations and proposals obtained from reputable
contractors. Any deviations from this amount must be preapproved by the fund or
borne by the patient or claimant, as applicable.
3. When the fund has provided and/or funded
modifications or renovations to the home where the patient resides, the fund
shall retain no interest in that residence. Where the home is owned by the
patient's parents, relatives, care givers, or guardian, the fund reserves the
right to require the owners of the home to execute a promissory note, mortgage,
or other instrument of security in favor of the patient in an amount equal to
the increased value of the home, as determined by a qualified appraiser
retained by the fund.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:1299.44(D)(3).
