Current through Register Vol. 50, No. 9, September 20, 2024
A. The Office
of the Secretary of DHH (the secretary) must determine the adequacy of quality
and protection in accordance with the provisions of these standards.
B. If, in the judgment of the secretary,
application of the requirements stated in these standards would be impractical
in a specified case, such requirements may be modified by the secretary to
allow alternative arrangements that will secure as nearly equivalent provision
of services as is practical. In no case will the modification afford less
quality or protection, in the judgment of the secretary, than that which would
be provided with compliance of the provisions contained in these
standards.
C. At the time of each
subsequent revisit, such requirement modification must be reviewed by the
secretary and either continued or cancelled.
D. DHH Office of Aging and Adult Services
Case Management
1. Agencies that provide case
management and/or support coordination services to the DHH Office of Aging and
Adult Services (OAAS) waiver programs recipients shall be exempt from licensure
as a case management agency for the provision of case management services. This
licensure exemption shall only be to the extent that the agency uses only
DHH/OAAS trained and certified case managers to provide case management
services to OAAS waiver programs in lieu of DHH licensure. Such agencies
serving other populations and programs, in addition to those waiver programs
operated by OAAS, shall obtain and maintain DHH licensure.
2. OAAS certification requirements shall
ensure:
a. the quality of services and the
care, well-being, and protection of the clients receiving services;
and
b. that the delivery of case
management services does not afford less quality or protection than the
licensing provisions of this Chapter.
3. OAAS shall provide an attestation of
meeting these requirements on an annual basis or as required by the DHH Health
Standards Section.
4. OAAS case
management and support coordination services will still be subject to the
support coordination standards of participation rule for OAAS waiver programs,
the program integrity/SURS (fraud/abuse) rules, and other applicable Medicaid
rules and regulations.
E. Department of Children and Family Services
Case Management
1. The Department of Children
and Family Services (DCFS) shall be exempt from licensure as a case management
agency for the provision of targeted case management services rendered by
foster care and family services workers. The licensure exemption shall only be
to the extent that DCFS uses trained and certified employees to provide case
management services in lieu of DHH licensure.
2. DCFS certification requirements shall
ensure:
a. the quality of services and the
care, well-being, and protection of the clients receiving services;
and
b. that the delivery of case
management services does not afford less quality or protection than the
licensing provisions of this Chapter.
3. DCFS shall provide an attestation of
meeting these requirements on an annual basis.
4. DCFS case management services will still
be subject to the Medicaid targeted case management rules, the program
integrity/SURS (fraud/abuse) rules and other applicable Medicaid rules and
regulations.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
28:380-451.