Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 50 - Home and Community-Based Services Providers Licensing Standards
Subchapter C - Admission, Transfer and Discharge Criteria
Section I-5037 - Involuntary Transfers and Discharges
Universal Citation: LA Admin Code I-5037
Current through Register Vol. 50, No. 9, September 20, 2024
A. An HCBS provider shall not transfer or discharge the client from the provider except under the following circumstances. These situations will be considered involuntary transfers or discharges.
1. The client's health has
improved sufficiently so that the client no longer requires the services
rendered by the provider.
2. The
safety or health of a client(s) or provider staff is endangered.
3. The client has failed to pay any past due
amounts for services received from the provider for which he/she is liable
within 15 day's after receipt of written notice from the provider.
4. The provider ceases to operate.
5. The client or family refuses to cooperate
or interferes with attaining the care objectives of the HCBS
provider.
6. The HCBS provider
closes a particular module so that certain services are no longer
provided.
B. When the provider proposes to involuntarily transfer or discharge a client, compliance with the provisions of this Section shall be fully documented in the client's records.
C. An HCBS provider shall provide a written notice of the involuntary transfer or discharge to the client, a family member of the client, if known, to the authorized representative if known, and the support coordinator if applicable, at least 30 calendar days prior to the transfer or discharge.
1. The written notice shall be sent to the
client or to the authorized representative via certified mail, return receipt
requested.
2. When the safety or
health of clients or provider staff is endangered, written notice shall be
given as soon as practicable before the transfer or discharge.
3. When the client has failed to pay any
outstanding amounts for services for which he/she has received from the
provider and is liable, written notice may be given immediately. Payment is due
within 15 day's of receipt of written notice from the provider that an amount
is due and owing.
4. The notice of
involuntary discharge or transfer shall be in writing and in a language and
manner that the client understands.
5. A copy of the notice of involuntary
discharge or transfer shall be placed in the client's clinical
record.
D. The written notice of involuntary transfer or discharge shall include:
1. a reason for the transfer or
discharge;
2. the effective date of
the transfer or discharge;
3. an
explanation of a client's right to personal and/or third party representation
at all stages of the transfer or discharge process;
4. contact information for the Advocacy
Center;
5. names of provider
personnel available to assist the client or authorized representative and
family in decision making and transfer arrangements;
6. the date, time and place for the discharge
planning conference;
7. a statement
regarding the client's appeal rights;
8. the name of the director, current address
and telephone number of the Division of Administrative Law, or its successor;
and
9. a statement regarding the
client's right to remain with the provider and not be transferred or discharged
if an appeal is timely filed.
E. Appeal Rights for Involuntary Transfers or Discharges
1. If a timely appeal is filed by
the client or authorized representative disputing the involuntary discharge,
the provider shall not transfer or discharge the client pursuant to the
provisions of this Section.
NOTE: The provider's failure to comply with these requirements may result in revocation of a provider's license.
2. If nonpayment is the basis of
the involuntary transfer or discharge, the client shall have the right to pay
the balance owed to the provider up to the date of the transfer or discharge
and is then entitled to remain with the agency if outstanding balances are
paid.
3. If a client files a timely
appeal request, the Division of Administrative Law, or its successor, shall
hold an appeal hearing at the agency or by telephone, if agreed upon by the
appellant, within 30 days from the date the appeal is filed with the Division
of Administrative Law, or its successor,.
a.
If the basis of the involuntary discharge is due to endangerment of the health
or safety of the staff or individuals, the provider may make a written request
to the Division of Administrative Law, or its successor, to hold a pre-hearing
conference.
i. If a pre-hearing conference
request is received by the Division of Administrative Law, or its successor,
the pre-hearing conference shall be held within 10 days of receipt of the
written request from the provider.
4. The Division of Administrative Law, or its
successor, shall issue a decision within 30 days from the date of the appeal
hearing.
5. The burden of proof is
on the provider to show, by a preponderance of the evidence, that the transfer
or discharge of the client is justified pursuant to the provisions of the
minimum licensing standards.
F. Client's Right to Remain with the Provider Pending the Appeal Process
1. If a client is
given 30 calendar days written notice of the involuntary transfer or discharge
and the client or authorized representative files a timely appeal, the client
may remain with the provider and not be transferred or discharged until the
Division of Administrative Law, or its successor, renders a decision on the
appeal.
2. If a client is given
less than 30 calendar days written notice and files a timely appeal of an
involuntary transfer/discharge based on the health and safety of individuals or
provider staff being endangered, the client may remain with the provider and
not be transferred or discharged until one of the following occurs:
a. the Division of Administrative Law, or its
successor, holds a pre-hearing conference regarding the safety or health of the
staff or individuals; or
b. the
Division of Administrative Law, or its successor, renders a decision on the
appeal.
3. If a client
is given 15 day's written notice and files a timely appeal of an involuntary
transfer/discharge based on the client's failure to pay any outstanding amounts
for services within the allotted time, the provider may discharge or transfer
the client.
G. The transfer or discharge responsibilities of the HCBS provider shall include:
1. conducting a transfer or discharge
planning conference with the client, family, support coordinator, legal
representative and advocate, if such are known, in order to facilitate an
orderly transfer or discharge;
2.
development of discharge options that will provide reasonable assurance that
the client will be transferred or discharged to a setting that can be expected
to meet his/her needs;
2. preparing
an updated ISP; and
3. preparing a
written discharge summary. The discharge summary shall include, at a minimum, a
summary of the health, developmental issues, behavioral issues, social issues
and nutritional status of the client. Upon written request and authorization by
the client or authorized representative, a copy of the discharge summary and/or
updated ISP shall be disclosed to the client or receiving provider.
H. The agency shall provide all services required prior to discharge that are contained in the final update of the individual service plan and in the transfer or discharge plan.
1. The provider shall not be required to
provide services if the discharge is due to the client moving out of the
provider's geographic region. An HCBS provider is prohibited from providing
services outside of its geographic region without the departments
approval.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2120.1.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
