Current through Register Vol. 50, No. 9, September 20, 2024
A.
Facilities shall comply and show proof of compliance with all relevant
standards, regulations and requirements established by state, local and
municipal regulatory bodies. It is the facilitys responsibility to secure the
approvals from the following entities:
1. LDH,
Health Standards Section;
2. Office
of Public Health;
3. Office of
State Fire Marshal;
4. city fire
department, if applicable; and,
5.
the applicable local governing authority (e.g., zoning, building department or
permit office).
B. The
administrator/director or person authorized to act on behalf of the
administrator/director shall be accessible to facility staff or designated
representatives of LDH at all times.
1.
Updated electronic mail and/or telephonic contact information of key
administrative personnel shall be provided to the departments Health Standards
Section.
C. The facility
shall have an administrative file that includes:
1. the Articles of Incorporation or certified
copies thereof, if incorporated, or partnership documents, if
applicable;
2. a current copy of
the approved constitution and/or bylaws of the governing body;
3. a current roster of the governing body
membership which includes the members addresses;
4. written policies and procedures approved
by the owner/governing body that address the following:
a. confidentiality and security of
files;
b. publicity;
c. personnel;
d. client's rights;
e. grievance procedure;
f. safekeeping of personal possessions, if
applicable;
g. clients' funds, if
applicable;
h. emergency and
evacuation procedures;
i. abuse and
neglect;
j. critical
incidents;
k. admissions and
discharge procedures;
l. assistance
with client self-administration of medication;
m. driver training, safety and
responsibilities while transporting clients; and
n. policies related to client transportation;
either contracted or provided by facility staff;
5. the minutes of formal governing body
meetings;
6. an organizational
chart of the FSTRA;
7. all leases,
contracts and purchase-of-service agreements to which the FSTRA is a party,
which includes all appropriate credentials;
8. insurance policies:
a. every facility shall maintain in force at
all times a comprehensive general business insurance policy or policies in an
amount adequate to cover all foreseeable occurrences. The insurance shall
include coverage for any:
i. personal or
professional negligence, malpractice or misconduct by facility owners or
employees;
ii. injuries received by
any client while being transported by facility staff or third-party
contractors; and
iii. injuries
sustained by any client while in the facility; and
9. incident/accident
reports.
D. The facility
shall maintain a personnel record for each employee. At a minimum, this file
shall contain the following:
1. the
application for employment and/or résumé of education, training, and
experience;
2. evidence of a
criminal history check prior to an offer of employment and annually thereafter,
in accordance with state laws and regulations;
3. evidence of applicable professional
credentials, licensing or certifications according to state law;
4. documentation of Tuberculosis test results
and any other facility required medical examinations;
5. documentation of reference checks or
employee screening in accordance with facility policy;
6. annual performance evaluation;
7. the employee's hire and termination
dates;
8. documentation of
orientation and annual training, including but not limited to safety and
transportation of clients; and
9.
documentation of a current, valid and unrestricted driver's license if driving
or transporting clients.
E. The facility shall not release an
employee's personnel record without the employee's written permission, except
as required by state law.
F. The
facility shall have a personnel record for each employee to be kept on the
premises or at the corporate office. These records shall be made available and
accessible to the survey staff within one hour of request by department
surveyors.
1. All records shall be maintained
in an accessible, standardized order and format, and shall be retained and
disposed of in accordance with state laws.
2. A facility shall have sufficient space,
facilities and supplies for providing effective record keeping services, either
electronically or via paper documentation.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
28:31-28:37.
