Current through Register Vol. 50, No. 9, September 20, 2024
A. A
licensed ARCP shall comply with any federal law, regulation, requirement,
order, or guideline regarding visitation in ARCPs issued by any federal
government agency during a declared PHE. The provisions of the licensing rules
in §6832 B-E shall be
preempted by any federal statute, regulation, requirement, order or guideline
from a federal government agency that requires an ARCP to restrict resident
visitation in a manner that is more restrictive than the rules.
B. ARCPs shall comply with any Louisiana SHO
order or emergency notice regarding visitation in ARCPs during a declared
PHE.
C. ARCPs shall comply with any
executive order or proclamation issued by the governor of the state of
Louisiana regarding visitation in an ARCP during a declared PHE.
D. The provisions of this Section regarding
visitation by immediate family members of the resident and other designated
persons shall apply to all ARCPs licensed by the Department of
Health.
E. Subject to the
requirements of
§6832 A-C, each ARCP shall allow immediate
family members and other designated persons to visit a resident of the ARCP
during a declared PHE when a resident, or his legal or designated
representative, requests a visit with immediate family members and other
designated persons, subject to the following conditions and requirements:
1. Each ARCP shall have a written policy and
procedure addressing visitation by immediate family members and other
designated persons. A copy of the written policy and procedure shall be
available, without cost, to the resident and his legal or designated
representative, upon request. The ARCP shall provide a link to an electronic
copy of the policy and procedure to immediate family members and other
designated persons, upon request.
2. An ARCP's policy and procedure regarding
visitation by immediate family members and other designated persons may adopt
reasonable time, place, and manner restrictions, provided that such
restrictions are implemented by the ARCP, in consultation with appropriate
medical personnel, for the purpose of mitigating the possibility of
transmission of any infectious agent or infectious disease or for the purpose
of addressing the medical condition or clinical considerations of an individual
resident.
3. An ARCP's policy and
procedure on visitation by immediate family members and other designated
persons, at a minimum, requires the following:
a. that the ARCP shall give special
consideration and priority for visitation by immediate family members and other
designated persons to residents receiving end-of-life care;
b. that visitation by immediate family
members of the residents and other designated persons may be screened for
infectious agents or infectious diseases, utilizing at least the current
screening or testing methods and protocols recommended by the CDC, as
applicable; if there is a current Louisiana SHO order or emergency notice that
requires more rigorous screening or testing methods and protocols, then the
ARCP shall utilize those methods and protocols;
c. that an immediate family member or other
designated person may not be allowed to visit an ARCP resident if such
immediate family member or other designated person has obvious signs or
symptoms of an infectious agent or infectious disease, or if such immediate
family member or other designated person tests positive for an infectious agent
or infectious disease;
d. that an
immediate family member or other designated person may not be allowed to visit
an ARCP resident if the immediate family member or other designated persons
refuses to comply with the provisions of the ARCP's policy and procedure or
refuses to comply with the ARCP's reasonable time, place, and manner
restrictions;
e. that immediate
family members and other designated persons may be required to wear PPE as
determined appropriate by the ARCP, considering the resident's medical
condition or clinical consideration; at the ARCP's discretion, PPE may be made
available by the ARCP to immediate family members and other designated
persons;
f. that an ARCP's policy
and procedure include provisions for compliance with a Louisiana SHO order or
emergency notice and with any governor's executive order or proclamation
limiting visitation during a declared PHE;
g. that the resident and an immediate family
member or other designated person shall have the right to consensual, nonsexual
physical contact such as hand holding or hugging; and
h. that an ARCP's policy and procedure
include provisions for compliance with any federal law, regulations,
requirements, orders, or guidelines regarding visitation in ARCPs issued by any
federal government agency during a declared PHE.
4. An ARCP shall submit a written copy of its
visitation policies and procedures on family members and other designated
persons' visitation, to the Health Standards Section of LDH at the initial
licensure survey.
5. After
licensure, the facility shall make its visitation policies and procedures
available for review by LDH at any time, upon request.
6. An ARCP shall within 24 hours after
establishing its written policies and procedures on family members and other
designated persons' visitation, make its written policies and procedures easily
accessible from the homepage of its website, if the ARCP has a
website.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2166.1-2166.8.
