Current through Register Vol. 50, No. 9, September 20, 2024
A. A
disaster or emergency is a man-made or natural event or occurrence which causes
harm or damage, or has the potential to cause harm or damage. A disaster or
emergency may be local, community-wide, regional or statewide. Disasters or
emergencies include, but are not limited to:
1. tornados;
2. fires;
3. floods;
4. hurricanes;
5. power outages;
6. chemical spills;
7. biohazards;
8. train wrecks; or
9. health crisis.
B. The PDHC facility shall provide education
and resources to assist the parents in developing an emergency preparedness
plan for their family. The PDHC facility shall ensure that each child has a
plan in the event of an emergency or disaster.
C. The PDHC facility's emergency preparedness
plan shall include provisions for providing shelter and services during a
diaster or emergency situation to each technology dependent child admitted to
or receiving services at the PDHC facility. The PDHC facility's emergency
preparedness plan shall also contain provisions for assisting the state,
parish, and Office of Homeland Security and Emergency Preparedness (OHSEP) with
the provision of shelter and services during a disaster or emergency situation
to other technology dependent children on a case-by-case basis considering the
PDHC's capacity and safety to all children receiving services.
D. Continuity of Operations. The PDHC
facility shall have an emergency preparedness plan to maintain continuity of
the facility's operations in preparation for, during and after an emergency or
disaster. The plan shall be designed to manage the consequences of all hazards,
declared disasters or other emergencies that disrupt the facility's ability to
provide care and treatment or threatens the lives or safety of the children.
The facility shall follow and execute its emergency preparedness plan in the
event of the occurrence of a declared disaster or other emergency. The plan
shall address at a minimum:
1. provisions for
the delivery of essential care and services to children;
2. provisions for the management of staff,
including provisions for adequate, qualified staff as well as for distribution
and assignment of responsibilities and functions;
3. provisions for back up staff;
4. the method that the PDHC facility will
utilize in notifying the child's family if the child is evacuated to another
location while in the direct care of the PDHC facility. This notification shall
include:
a. the date and approximate time
that the facility is evacuating;
b.
the place or location to which the child is evacuating, including the:
i. name;
ii. address; and
iii. telephone number; and
c. a telephone number that the
family may call for information regarding the facility's evacuation;
5. provisions for ensuring that
supplies, medications, and a copy of the plan of care are sent with the child
if the child is evacuated; and
6.
the procedure or methods that will be used to attach identification to the
child. The facility shall designate a staff person to be responsible for this
identification procedure. This identification shall remain attached to the
child during all phases of an evacuation and shall include the following
minimum information:
a. current and active
diagnosis;
b. medications,
including dosage and times administered;
c. allergies;
d. special dietary needs or restrictions;
and
e. next of kin, including
contact information.
E. The PDHC facility shall have an emergency
generator with sufficient generating power to continue the functions of medical
equipment and the HVAC system in the event of a power failure. The emergency
generator shall be tested every 30 days and satisfactory mechanical operation
shall be documented on a log designed for that purpose and signed by the person
conducting the test.
F. If the
state, parish or local office of OHSEP orders a mandatory evacuation of the
parish in which the PDHC facility is located, the PDHC facility shall ensure
that any child at the PDHC facility at that time shall be evacuated in
accordance with the child's emergency plan and the PDHC facility's emergency
preparedness plan.
G. Emergency
Plan, Review and Summary
1. The PDHC facility
shall review and update each child's emergency plan in coordination with the
parent(s) at least annually.
2. The
PDHC facility shall review and update its emergency preparedness plan at least
annually.
3. The facility's
emergency plan shall be activiated, either in response to an actual emergency
or in a drill at least annually.
H. Facility Requirements
1. The PDHC facility shall cooperate with the
department and with the state, parish and local OHSEP in the event of an
emergency or disaster and shall provide information as requested.
2. The PDHC facility shall monitor weather
warnings and watches as well as evacuation orders from local and state
emergency preparedness officials.
I. All PDHC facility employees shall be
trained in emergency or disaster preparedness. Training shall include
orientation, ongoing training, and participation in planned drills for all
personnel. The purpose shall be that each employee promptly and correctly
performs his/her specific role in the event of a disaster or
emergency.
J. Upon request by the
department, the PDHC facility shall submit a copy of its emergency preparedness
plan and a written summary attesting how the plan was followed and executed.
The summary shall contain, at a minimum:
1.
pertinent plan provisions and how the plan was followed and executed;
2. plan provisions that were not
followed;
3. reasons and mitigating
circumstances for failure to follow and execute certain plan
provisions;
4. contingency
arrangements made for those plan provisions not followed; and
5. a list of all injuries and deaths of
children that occurred during execution of the plan, evacuation or temporary
relocation, including the date, time, causes and circumstances of the injuries
and deaths.
K.
Inactivation of License due to Declared Disaster or Emergency
1. A licensed PDHC facility licensed in a
parish which is the subject of an executive order or proclamation of emergency
or disaster issued in accordance with
R.S.
29:724 or
R.S.
29:766 may seek to inactivate its license for
a period not to exceed one year, provided that the following conditions are
met:
a. the licensed PDHC facility provider
shall submit written notification to the Health Standards Section within 60
days of the date of the executive order or proclamation of emergency or
disaster that:
i. the PDHC facility has
experienced an interruption in the provisions of services as a result of events
that are the subject of such executive order or proclamation of emergency or
disaster;
ii. the licensed PDHC
facility intends to resume operation as a PDHC facility in the same service
area;
iii. includes an attestation
that the emergency or disaster is the sole casual factor in the interruption of
the provision of services;
iv.
includes an attestation that all children have been properly released or
transferred to another provider; and
v. provides a list of each child's name and
the location where that child has been released or transferred to;
b. the licensed PDHC facility
resumes operating as a PDHC facility in the same service area within one year
of the issuance of such an executive order or proclamation of emergency or
disaster;
EXCEPTION: If the PDHC facility requires an extension of
this timeframe due to circumstances beyond the PDHC facility's control, the
department will consider an extended time period to complete construction or
repairs. Such written request for extension shall show the PDHC facility's
active efforts to complete construction or repairs and the reasons for request
for extension of the PDHC facility's inactive license. Any approval for
extension is at the sole discretion of the department.
c. the licensed PDHC facility continues to
pay all fees and costs due and owed to the department including, but not
limited to:
i. annual licensing fees;
and
ii. outstanding civil monetary
penalties; and
d. the
licensed PDHC facility continues to submit required documentation and
information to the Department, including but not limited to cost
reports.
2. Upon
receiving a completed written request to inactivate a PDHC facility license,
the department shall issue a notice of inactivation of license to the PDHC
facility.
3. Upon completion of
repairs, renovations, rebuilding or replacement of the facility, a PDHC
facility which has received a notice of inactivation of its license from the
department shall be allowed to reinstate its license upon the following
conditions being met:
a. the PDHC facility
shall submit a written license reinstatement request to the licensing agency of
the department as soon as possible prior to the anticipated date of
reopening;
b. the license
reinstatement request shall inform the department of the anticipated date of
opening and shall request scheduling of a licensing survey;
c. the license reinstatement request shall
include a completed licensing application with approval from the Office of
Public Health and the Office of State Fire Marshal; and
d. the provider resumes operating as a PDHC
facility in the same service area within one year.
4. Upon receiving a completed written request
to reinstate a PDHC facility license, the department shall schedule a licensing
survey. If the PDHC facility meets the requirements for licensure and the
requirements under this Subsection, the department shall issue a notice of
reinstatement of the PDHC facility license.
5. No change of ownership in the PDHC
facility shall occur until such PDHC facility has completed repairs,
renovations, rebuilding or replacement construction and has resumed operations
as a PDHC facility.
6. The
provisions of this Subsection shall not apply to a PDHC facility which has
voluntarily surrendered its license and ceased operation.
7. Failure to comply with any of the
provisions of this Subsection shall be deemed a voluntary surrender of the PDHC
facility license.
L.
Inactivation of Licensure due to a Non-Declared Disaster or Emergency
1. A PDHC facility in an area or areas which
have been affected by a non-declared emergency or disaster may seek to
inactivate its license, provided that the following conditions are met:
a. the PDHC facility shall submit written
notification to the Health Standards Section (HSS) within 30 days of the date
of the non-declared emergency or disaster stating that:
i. the PDHC facility has experienced an
interruption in the provision of services as a result of events that are due to
a non-declared emergency or disaster;
ii. the facility intends to resume operation
as a PDHC facility in the same service area;
iii. the PDHC facility attests that the
emergency or disaster is the sole causal factor in the interruption of the
provision of services; and
iv. the
PDHC facility's initial request to inactivate does not exceed one year for the
completion of repairs, renovations, rebuilding or replacement of the facility.
NOTE: Pursuant to these provisions, an extension of the
30 day deadline for initiation of request may be granted at the discretion of
the department.
b. the PDHC facility continues to pay all
fees and costs due and owed to the department including, but not limited to,
annual licensing fees and outstanding civil monetary penalties and/or civil
fines; and
c. the PDHC facility
continues to submit required documentation and information to the department,
including but not limited to cost reports.
2. Upon receiving a completed written request
to temporarily inactivate a PDHC facility's license, the department shall issue
a notice of inactivation of license to the PDHC facility.
3. Upon receipt of the department's approval
of request to inactivate the PDHC facility's license, the PDHC facility shall
have 90 days to submit plans for the repairs, renovations, rebuilding or
replacement of the facility, if applicable, to the OSFM and OPH as
required.
4. The facility shall
resume operating as a PDHC facility in the same service area within one year of
the approval of renovation/construction plans by the OSFM and the OPH as
required.
EXCEPTION: If the PDHC facility requires an extension of
this timeframe due to circumstances beyond the PDHC facility's control, the
department will consider an extended time period to complete construction or
repairs. Such written request for extension shall show the PDHC facility's
active efforts to complete construction or repairs and the reasons for request
for extension of the PDHC facility's inactive license. Any approval for
extension is at the sole discretion of the department.
5. Upon completion of repairs, renovations,
rebuilding or replacement of the PDHC facility which has received a notice of
inactivation of its license from the department, the facility shall be allowed
to reinstate its license upon the following conditions being met:
a. the PDHC facility shall submit a written
license reinstatement request to the licensing agency of the
department;
b. the license
reinstatement request shall inform the department of the anticipated date of
opening and shall request scheduling of a licensing or physical environment
survey, where applicable; and
c.
the license reinstatement request shall include a completed licensing
application.
6. Upon
receiving a completed written request to reinstate a PDHC facility's license,
the department may conduct a licensing or physical environment survey. The
department may issue a notice of reinstatement if the PDHC facility has met the
requirements for licensure including the requirements of this
Subsection.
7. No change of
ownership (CHOW) of the PDHC facility shall occur until such PDHC facility has
completed repairs, renovations, rebuilding or replacement construction and has
resumed operations as a PDHC facility.
8. The provisions of this Subsection shall
not apply to a PDHC facility which has voluntarily surrendered its license and
ceased operation.
9. Failure to
comply with any of the provisions of this Subsection shall be deemed a
voluntary surrender of the PDHC facility's license.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
40:2193-40:2193.4.
