Current through Register Vol. 50, No. 9, September 20, 2024
A. All
TGH providers shall be licensed by the Department of Health. The department is
the only licensing authority for TGH providers in Louisiana. It shall be
unlawful to operate as a therapeutic group home without possessing a current,
valid license issued by the department. Each TGH shall be separately
licensed.
B. A TGH license shall:
1. be issued only to the person or entity
named in the license application;
2. be valid only for the TGH to which it is
issued and only for the specific geographic address of that TGH;
3. enable the provider to operate as a TGH
within a specific LDH region;
4. be
valid for up to one year from the date of issuance, unless revoked, suspended,
or modified prior to that date, or unless a provisional license is
issued;
5. expire on the expiration
date listed on the license, unless timely renewed by the TGH;
6. not be subject to sale, assignment,
donation or other transfer, whether voluntary or involuntary; and
7. be posted in a conspicuous place on the
licensed premises at all times.
C. In order for the TGH to be considered
operational and retain licensed status, the provider shall meet the following
conditions.
1. There shall be adequate direct
care staff and professional services staff employed and available to provide
services to clients at the TGH at all times.
2. There shall always be at least two
employees on duty at the TGH at all times.
D. The licensed TGH shall abide by and adhere
to any state and federal law, rules, policy, procedure, manual or memorandum
pertaining to such facilities.
E. A
separately licensed TGH shall not use a name which is substantially the same as
the name of another TGH licensed by the department or by DCFS. A TGH provider
shall not use a name which is likely to mislead the client or family into
believing it is owned, endorsed or operated by the state of
Louisiana.
G. No branches,
satellite locations or offsite campuses shall be authorized for a
TGH.
H. No new TGH shall accept
clients until the TGH has written approval and/or a license issued by HSS. If
the provider is currently maintaining a license as a child residential facility
from DCFS, the provider may remain operational under its DCFS license during
the TGH application process.
I.
Plan Review. Construction documents (plans and specifications) are required to
be submitted and approved by both the OSFM and the Department of Health as part
of the licensing procedure and prior to obtaining a license.
1. Applicable Projects. Construction
documents require approval for the following types of projects:
a. new construction;
b. any entity that intends to operate and be
licensed as a TGH in a physical environment that is not currently licensed by
DCFS as a child residential facility; and
c. major alterations;
i. cosmetic changes to the TGH, such as
painting, flooring replacement or minor repairs shall not be considered an
alteration or substantial rehabilitation.
2. Submission Plans
a. Submittal Requirements
i. One set of the final construction
documents shall be submitted to the OSFM for approval. The fire marshals
approval letter and final inspection shall be sent to the LDH.
ii. One set of the final construction
documents shall be submitted to the OSFM, or its designated plan review entity,
along with the required review fee and a "plan review application form" for
approval.
b. Design
Criteria. The project shall be designed in accordance with the regulations and
requirements of LAC Title 51,
Public Health Sanitary Code and
of the OSFM applicable to residential facilities/group homes.
i. - vi. Repealed.
c. Construction Document Preparation.
Construction documents submitted to OSFM, or its designated plan review entity,
shall be prepared in accordance with the regulations and requirements of LAC
Title 51,
Public Health Sanitary Code and of the OSFM
applicable to residential facilities/group homes.
i. - vi. Repealed.
3. Waivers. The secretary of LDH
may, within his/her sole discretion, grant waivers to building and construction
guidelines which are not part of or otherwise required under the provisions of
the state
Sanitary Code. The provider shall submit a waiver
request in writing to HSS. The provider shall demonstrate how patient safety
and quality of care offered is not compromised by the waiver, and shall
demonstrate the undue hardship imposed on the TGH if the waiver is not granted.
The provider shall demonstrate its ability to completely fulfill all other
requirements of service. The department will make a written determination of
the requests.
a. Waivers are not transferable
in an ownership change and are subject to review or revocation upon any change
in circumstances related to the waiver.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2009.
