Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 68 - Adult Residential Care Providers
Subchapter C - Residency Criteria, Person-Centered Service Plans, and Residency Agreements
Section I-6837 - Termination of Residency Agreements

Universal Citation: LA Admin Code I-6837

Current through Register Vol. 50, No. 9, September 20, 2024

A. Voluntary Termination of Residency Agreement 1. The residency agreement shall specify:

a. the number of days and the process for notice required for voluntary termination of the residency agreement; and

b. the circumstances under which prepaid service charges and deposits are not refundable to the individual.

B. Involuntary Termination of Residency Agreements

1. The resident shall be allowed to continue residency in the ARCP unless one of the following occurs:
a. the residents mental or physical condition deteriorates to a level requiring services that cannot be provided in accordance with these licensing regulations;

b. the residents mental or physical condition deteriorates to a level requiring services that exceed those agreed upon in the residency agreement and PCSP;

c. the safety of other residents or staff in the ARCP is endangered;

d. the health of other residents or staff in the ARCP would otherwise be endangered;

e. the resident or residents representative has failed to pay or has paid after timely notice in accordance with the residency agreement for a residents stay at the ARCP; or

f. the ARCP ceases to operate.

2. Involuntary Termination Process
a. The resident, the residents representative, if applicable, and the state and local long-term care ombudsman shall be notified in writing of the intent to terminate the residency agreement.

b. The notice shall be written in a language and in a manner that the resident and the residents representative, if applicable, understand.

c. The written notice shall be given no less than 30 calendar days in advance of the proposed termination; however, the advance notice period may be shortened to 15 days for nonpayment of a bill for a stay at the ARCP.

d. The written notice shall contain:
i. the reason for the involuntary termination of the residency agreement;

ii. the right to formally appeal the involuntary termination of the residency agreement to the DAL; and

iii. contact information for the state and local long-term care ombudsman and for the DAL.

3. The resident and/or the residents representative, if applicable, shall have the right to dispute any involuntary termination of the residency agreement in accordance with §6833.G 6-7.

4. The involuntary termination of the residency agreement shall be suspended until a final determination is made by the DAL.

5. If the involuntary termination of the residency agreement is upheld, the ARCP shall provide assistance in locating an appropriate residence and services.

C. Emergencies. If an emergency arises whereby the resident presents a direct threat of serious harm, serious injury or death to the resident, another resident, or staff, the ARCP shall immediately contact appropriate authorities to determine an appropriate course of action.

1. The residents removal from the premises in response to an emergency does not constitute termination of the residency agreement. Required notice as described above shall be provided if the ARCP wishes to terminate the residency agreement.

2. The ARCP shall document the nature of the emergency and the ARCPs response to it.

3. The ARCP shall notify the residents representative of all emergencies immediately after notification of the appropriate authorities.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2166.1-2166.8.

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.
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