Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 89 - Crisis Intervention
Section I-8905 - Organization and Administration
Universal Citation: LA Admin Code I-8905
Current through Register Vol. 50, No. 9, September 20, 2024
A. General Requirements
1. A provider shall allow designated
representatives of DSS in the performance of their mandated duties to inspect
all aspects of a provider's functioning which impact on clients and to
interview any staff member or client (if the client agrees to said
interview).
2. A provider shall
make any information which the Provider is required to have under the present
requirements and any information reasonably related to assessment of compliance
with these requirements available to DSS.
B. Governing Body
1. A provider shall have an identifiable
governing body with responsibility for and authority over the policies and
activities of the program/agency.
2. A provider shall have documents
identifying all officers and members of the governing body, their addresses,
and terms of membership.
3. When
the governing body of a provider is comprised of more than one person, the
governing body shall hold formal meetings at least twice a year.
4. When the governing body is composed of
more than one person, a provider shall have written minutes of all formal
meetings of the governing body and by-laws specifying frequency of meetings and
quorum requirements.
C. Responsibilities of a Governing Body. The governing body of a provider shall:
1. ensure the provider's compliance and
conformity with the provider's charter;
2. ensure the provider's continual compliance
and conformity with all relevant federal, state, local, and municipal laws and
regulations;
3. ensure that the
provider is adequately funded and fiscally sound;
4. review and approve the provider's annual
budget;
5. ensure the review and
approval of an annual external audit;
6. designate a person to act as chief
administrator and delegate sufficient authority to this person to manage the
provider agency;
7. formulate and
annually review, in consultation with the chief administrator, written policies
concerning the provider's philosophy, goals, current services, personnel
practices, job descriptions and fiscal management;
8. annually evaluate the chief
administrator's performance;
9.
have the authority to dismiss the chief administrator;
10. meet with designated representatives of
DSS whenever required to do so;
11.
inform designated representatives of DSS prior to initiating any substantial
changes in the services provided by the provider.
D. Accessibility of Executive. The chief administrator or a person authorized to act on behalf of the chief administrator shall be accessible to staff and designated representatives of DSS at all times.
E. Documentation of Authority to Operate. A private provider shall have documentation of its authority to operate under state law.
F. Administrative File. A provider shall have an administrative file including:
1.
documents identifying the governing body;
2. list of members and officers of the
governing body and their addresses and terms of membership;
3. minutes of formal meetings and by-laws of
the governing body, if applicable;
4. documentation of the provider's authority
to operate under state law;
5.
organizational chart of the provider;
6. all leases, contracts and
purchase-of-service agreements to which the provider is a party;
7. insurance policies: every provider shall
maintain in force at all times a comprehensive general liability insurance
policy. this policy shall be in addition to any professional liability policies
maintained by the provider and shall extend coverage to any staff member who
provides transportation for any client in the course and scope of his/her
employment;
8. annual budgets and
audit reports;
9. master list of
all contractors used by the provider.
G. Accounting
1. A provider shall establish a system of
business management and staffing to assure maintenance of complete and accurate
accounts, books and records, in keeping with generally accepted accounting
principles.
2. A provider shall
demonstrate fiscal accountability through regular recording of its finances and
annual external audit.
3. A
provider shall not permit public funds to be paid, or committed to be paid, to
any person or organization to which any of the members of the governing body,
administrative personnel, or members of the immediate families of members of
the governing body or administrative personnel have any direct or indirect
financial relationship or interest, or in which any of these persons serve as
an officer or employee, unless the services or goods involved are provided at a
competitive cost or under terms favorable to the provider. The provider shall
have a written disclosure of any financial transaction between the provider and
other business entities in which a member of the governing body, administrative
personnel, or his/her immediate family is involved.
H. Confidentiality and Security of Files
1. A provider shall have written procedures
for the maintenance, security, and confidentiality of records. This shall
include specifying who shall supervise the maintenance of records, and who
shall have custody of records. This procedure shall also state to whom records
can be released and the procedure for doing so. Records, including client as
well as administrative, shall be the property of the provider and the provider,
as custodian, shall secure records against loss, tampering, or unauthorized
use.
2. Staff members of the
provider shall not disclose or knowingly permit the disclosure of any
information concerning the agency, the clients or his/her family, directly or
indirectly, to any unauthorized person.
3. When the client is of majority age and
noninterdicted, a Provider shall obtain the client's written, informed
permission prior to releasing any information from which the client or his/her
family might be identified.
4. When
a client is a minor or is interdicted, a provider shall obtain written,
informed consent from the legally responsible person prior to releasing any
information from which the client or his/her family might be
identified.
5. A provider shall,
upon written authorization from the client or his legal representative, make
available information in the case record to the client, his counsel, or the
client's legally responsible person. If, the provider reasonably concludes that
knowledge of the information contained in the record would be injurious to the
health or welfare of the client, or could reasonably be expected to endanger
the life or safety of any other person, that provider may deny access to the
record. The provider may charge a reasonable fee for copying the
records.
6. A provider may use
material from case records for teaching or research purposes, development of
the governing body's understanding and knowledge of the provider's services, or
similar educational purposes, provided that names are deleted and other similar
identifying information is disguised or deleted.
7. A provider shall not release a personnel
file without the staff member's written permission except in accordance with
state law.
I. Records - Administrative and Client
1. A provider shall
ensure that all entries in records are legible, signed by the person making the
entry and accompanied by the date on which the entry was made.
2. All records shall be maintained in an
accessible, standardized order and format and shall be retained and disposed of
in accordance with state laws and requirements of the funding
sources.
3. A provider shall have
sufficient space, facilities and supplies for providing effective record
keeping services.
4. A provider
shall have a written record for each client which shall include:
a. The name, sex, race, birth date of the
client, home address, address of crisis location.
b. Other identification data including court
status and/or legal status, name of parent or legal guardian, as
appropriate.
c. The names,
addresses and phone numbers of other persons or providers involved with the
client's plan/case. This shall include the client's physician.
d. A provider shall document:
i. client's presenting problem, any known DSM
IV diagnosis and medications;
ii.
any other known serious health condition and medication.
e. information and documentation of
interventions used and case disposition, including progress notes as required
in 8907.D.1.b.
f. information and
documentation concerning any injuries (regardless of cause), any violations of
client safeguards, any suspected incidents of abuse/mistreatment/neglect, or
any client grievances.
5. A provider shall have a written record for
each staff member which includes:
a. the
application for employment and/or resume's;
b. references (three);
c. any required medical
examinations;
d. all required
documentation of appropriate status which includes:
i. valid driver's license for operating
provider vehicles or transporting clients;
ii. professional credentials/certification
required to hold the position.
e. periodic, at least annual, performance
evaluations;
f. staff member's
starting and termination dates along with salary paid;
g. staff member shall have reasonable access
to his/her file and shall be allowed to add any written statement he/she wishes
to make to the file at any time;
h.
documentation of criminal records check;
i. any reports or internal investigations
concerning the staff member's involvement in any suspected
abuse/mistreatment/neglect, violation of client safeguards, or violation of
client rights.
AUTHORITY NOTE: Promulgated in accordance with R.S. 46:51.
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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