Current through Register Vol. 50, No. 9, September 20, 2024
A. The
HCBS provider shall develop, implement and comply with provider-specific
written policies and procedures related to compliance with this Chapter,
including, but not limited to policies and procedures that:
1. conform to the department's rules and
regulations;
2. meet the needs of
the clients as identified and addressed in the ISP;
3. provide for the protection of client's
rights; and
4. promote the highest
practicable social, physical and mental well-being of client's.
B. The HCBS provider shall have
written policies and procedures approved by the owner or governing body, which
shall be implemented and followed, that address at a minimum the following:
1. confidentiality and confidentiality
agreements;
2. security of
files;
3. publicity and marketing,
including the prohibition of illegal or coercive inducement, solicitation and
kickbacks;
4. personnel;
5. client rights;
6. grievance procedures;
7. client funds;
8. emergency preparedness;
9. abuse, neglect, exploitation and
extortion;
10. incidents and
accidents, including medical emergencies;
11. universal precautions;
12. documentation;
13. admission and discharge procedures;
and
14. safety of the client while
being transported by an agency employee, either contracted or directly
employed, to include a process for evaluation of the employee's driver's
license status inquiry report which may prohibit an employee from transporting
client's.
C. The HCBS
provider shall develop, implement and comply with written personnel policies
that include the following:
1. a plan for
recruitment, screening, orientation, ongoing training, development, supervision
and performance evaluation of staff members, that includes but is not limited
to:
a. standards of conduct;
b. standards of attire to include having
identification as an employee of the provider accessible when providing
services to client's; and
c.
standards of safety to include requirements for ensuring safe transportation of
client's by employees, contracted or staff, who provide
transportation;
2.
written job descriptions for each staff position, including
volunteers;
3. policies that shall,
at a minimum, be consistent with Office of Public Health guidelines for
services provided;
4. an employee
grievance procedure;
5. abuse
reporting procedures that require all employees, either contracted or directly
employed, to report any and all incidents of abuse or mistreatment or
misappropriation of client funds, whether that abuse or mistreatment or
misappropriation is done by another staff member, a family member, a client or
any other person;
6. a written
policy to prevent discrimination;
7. a written policy to assure that there is a
final disposition of all charges that appear on the staff persons or contracted
employee's criminal background check; and
8. a written policy to address prohibited use
of social media. The policy shall ensure that all staff, either contracted or
directly employed, receive training relative to the restricted use of social
media an include, at a minimum ensuring confidentiality of client information
and preservation of client dignity and respect, and protection of client
privacy and personal and property rights.
D. The HCBS provider shall have written
policies and procedures for client behavior management which:
1. prohibit:
a. corporeal punishment;
b. restraints of any kind;
c. psychological and verbal abuse;
d. seclusion;
e. forced exercise;
f. any cruelty to, or punishment of, a
client; and
g. any act by a
provider which denies:
i. food;
ii. drink;
iii. visits with family, friends or
significant others; or
iv. use of
restroom facilities;
NOTE:
§5029. D.1.g i-iv is not
inclusive of medically prescribed procedures.
2. ensure that non-intrusive
positive approaches to address the meaning/origins of behaviors are used prior
to the development of a restrictive plan; and
3. cover any behavioral emergency and provide
documentation of the event in an incident report format.
E. An HCBS provider shall comply with all
federal state and local laws, rules and regulations in the development and
implementation of its policies and procedures.
1. - 13. Repealed.
F. An HCBS provider shall ensure that all
home and community-based waiver services are delivered in settings that are
physically accessible to the client when the setting is controlled by the HCBS
provider.
1. Repealed.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2120.1.
