Current through Register Vol. 50, No. 9, September 20, 2024
A. An HCBS
provider shall have an identifiable governing body with responsibility for and
authority over the policies and activities of the program/agency.
1. A provider shall have documents
identifying all members of the governing body, their addresses, their terms of
membership, officers of the governing body and terms of office of any
officers.
2. The governing body
shall be comprised of three or more persons and shall hold formal meetings at
least twice a year.
3. There shall
be written minutes of all formal meetings of the governing body and by-laws
specifying frequency of meetings and quorum requirements.
B. The governing body of an HCBS provider
shall:
1. ensure the provider's continual
compliance and conformity with all relevant federal, state, local and municipal
laws and regulations;
2. ensure
that the provider is adequately funded and fiscally sound;
3. review and approve the provider's annual
budget;
4. designate a person to
act as administrator and delegate sufficient authority to this person to manage
the provider agency;
5. formulate
and annually review, in consultation with the administrator, written policies
concerning the provider's philosophy, goals, current services, personnel
practices, job descriptions and fiscal management;
6. annually evaluate the administrator's
performance;
7. have the authority
to dismiss the administrator;
8.
meet with designated representatives of the department whenever required to do
so;
9. ensure statewide criminal
background checks on all unlicensed persons providing direct care and services
to client's in accordance with
R.S.
40:1203.2 or other applicable state law upon
hire;
NOTE: Upon request of the employer with approval of the
governing body, each applicant for employment may be fingerprinted in
accordance with applicable state law to be used to obtain the criminal history
record.
10. ensure that the
provider does not hire unlicensed persons who have a conviction that bars
employment in accordance with
R.S.
40:1203.3 or other applicable state law;
a. the provider shall have documentation on
the final disposition of all charges that bars employment pursuant to
applicable state law; and
11. ensure that direct support staff comply
with R.S.
40:1203.2 or other applicable state law.
NOTE: It is not acceptable for a provider to have a
client, family member or legal representative sign a statement that they
acknowledge the direct support worker has a conviction that bars employment but
they still choose to have that individual as the worker. The provider is
expected to be in compliance with statutory requirements at all times.
C. An HCBS provider
shall maintain an administrative file that includes:
1. a list of members and officers of the
governing body, along with their addresses and terms of membership;
2. minutes of formal meetings and by-laws of
the governing body, if applicable;
3. a copy of the current license issued by
HSS;
4. an organizational chart of
the provider which clearly delineates the line of authority;
5. all leases, contracts and
purchases-of-service agreements to which the provider is a party;
6. insurance policies;
7. annual budgets and audit reports;
and
8. a master list of all the
community resources used by the provider.
9. Repealed.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2120.1.
