Current through Register Vol. 50, No. 9, September 20, 2024
A. Several
potential avenues of functional and medical eligibility shall be investigated
by OAAS. These avenues are called pathways. The pathways are utilized to ensure
consistency, uniformity, and reliability in making nursing facility level of
care determinations. In order to meet the nursing facility level of care, an
individual must meet eligibility requirements in only one pathway.
B. When specific eligibility criteria are met
within a pathway, that pathway is said to have triggered. The Medicaid program
defines nursing facility level of care for Medicaid eligible individuals as the
care required by individuals who meet or trigger any one of the established
level of care pathways described in this Subchapter. The pathways of
eligibility focus on information used to determine if an individual has met or
triggered a level of care pathway. When a pathway is triggered, that individual
may be approved for a limited stay/length of service as deemed appropriate by
OAAS.
C. The level of care
pathways elicit specific information, within a specified time period, regarding
the individual's:
1. functional
capabilities;
2. receipt of
assistance with activities of daily living (ADL);
3. current medical treatments and conditions;
and
4. other aspects of an
individual's life.
D.
Activities of Daily Living Pathway
1. The
intent of this pathway is to determine the individual's self-care performance
in activities of daily living during a specified look-back period (e.g., the
last seven days, last three days, etc. from the date the LOC assessment was
completed), as specified in prescribed screening and assessment
tools.
2. The ADL Pathway i
dentifies those individuals with a significant loss of independent function
measured by the amount of assistance received from another person in the period
just prior to the day the LOC assessment was completed.
3. The ADLs for which the LOC assessment
elicits information include but are not limited to:
a. locomotion-how the individual moved around
in his or her home;
b. dressing-how
the individual dressed/undressed;
c. eating-how the individual ate or consumed
food (this does not include meal preparation);
d. bed mobility-how the individual moved
around while in bed;
e.
transferring-how the individual moved from one surface to another (this
excludes getting on and off of the toilet and getting in and out of the
tub/shower);
f. toileting-how the
individual got on and off the toilet (toilet transfer), wiped, arranged
clothes, etc.;
g. personal
hygiene-how the individual managed personal hygiene (this excludes
baths/showers); and
h. bathing-how
the individual took a full-body bath or shower (this excludes washing of hair
and back).
4. Since an
individual can vary in ADL performance from day to day, OAAS trained assessors
shall capture the total picture of ADL performance over the specified time
period.
5. In order for an
individual to be approved under the ADL Pathway, the individual must score at
the:
a. limited assistance level or greater on
toileting, transferring, or bed mobility; or
b. extensive assistance level or greater on
eating.
E.
Cognitive Performance Pathway.
1. This
pathway identifies individuals with the following cognitive difficulties:
a. short-term memory which determines the
individual's functional capacity to remember recent events;
b. cognitive skills for daily decision making
which determines the individual's actual performance in making everyday
decisions about tasks or activities of daily living such as:
i. planning how to spend their day;
ii. choosing what to wear;
iii. knowing when to eat;
iv. knowing and using space in home
appropriately;
v. using awareness
of one's own strengths and limitations to ask for help when needed;
vi. using environmental cues to organize and
plan the day;
vii. making prudent
decisions regarding how and when to go places; and
viii. using canes/walkers or other assistive
devices/equipment reliably.
c. making self understood which determines
the individual's ability to express or communicate requests, needs, opinions,
urgent problems, and social conversation, whether in speech, writing, sign
language, or a combination of these (includes use of word board or
keyboard).
2. In order
for an individual to be approved under the cognitive performance pathway, the
individual must have any one of the conditions noted below:
a. severely impaired or greater impairment in
daily decision making (e.g., never or rarely makes decisions);
b. have a short-term memory problem and
moderately impaired in daily decision making (e.g., the individual's decisions
are consistently poor or unsafe, and cues or supervision are required at all
times);
c. have a short-term memory
problem and the individual is sometimes understood (e.g., the individual's
ability is limited to making concrete requests) or is rarely or never
understood;
d. moderately impaired
in daily decision making and the individual is often understood (e.g., the
individual has difficulty finding words or finishing thoughts, and prompting is
usually required);
e. moderately
impaired in daily decision making and the individual is sometimes understood
(e.g., the individual's ability is limited to making concrete requests) or is
rarely or never understood; or
f.
minimally impaired in daily decision making (e.g., his/her decisions are poor
or unsafe in specific situations, and cues or supervision are needed) and the
individual is sometimes understood, (e.g., the individual's ability is limited
to making concrete requests) or is rarely or never understood;
g. - i. Repealed.
F. Physician Involvement Pathway
1. The intent of this pathway is to identify
individuals with unstable medical conditions that may be affecting his/her
ability to care for himself/herself.
2. The following are investigated for this
pathway:
a. physician visits occurring during
the 14-day look-back period (excluding emergency room exams); and
b. physician orders issued during the 14-day
look-back period (excluding order renewals without change and hospital
inpatient visits).
3. In
order for an individual to be approved under the physician involvement pathway,
the individual must have:
a. one day of doctor
visits and at least 4 new order changes within the 14-day look-back period;
or
b. at least 2 days of doctor
visits and at least 2 new order changes during the 14-day look-back period.
i. - iii. Repealed.
4. Supporting documentation is
required and must include:
a. a copy of the
physicians orders; or
b. the home
health care plans, or other medical provider documentation documenting the
diagnosis, treatments, and conditions within the designated time frames;
or
c. the appropriate form
designated by OAAS to document the individuals medical status and
condition.
G.
Treatments and Conditions Pathway
1. The
intent of this pathway is to identify individuals with unstable medical
conditions that may be affecting a persons ability to care for himself/herself.
a. - h. Repealed.
2. The following are investigated for this
pathway:
a. stage 3-4 pressure sores during
the 14-day look-back period;
b.
intravenous feedings during the 7-day look-back period;
i. - iii. Repealed.
c. intravenous medications during the 14-day
look-back period;
d. daily
tracheostomy care and ventilator/respiratory suctioning during the 14-day
look-back period;
e. pneumonia
during the 14-day look-back period and the individual had associated need for
assistance with IADLs, ADLs, or restorative nursing care;
f. daily respiratory therapy provided by a
qualified professional during the 14-day look-back period;
g. daily insulin injections with two or more
order changes during the 14-day look-back period; or
h. peritoneal or hemodialysis during the
14-day look-back period.
3. In order for an individual to be approved
under the treatments and conditions pathway, the individual must have:
a. any one of the conditions listed in
G.2.a-h above; and
b. supporting
documentation for the specific condition(s) identified. Acceptable
documentation must include:
i. a copy of the
physicians orders; or
ii. the home
health care plans, or other medical provider documentation documenting the
diagnosis, treatments and conditions within the designated time frames;
or
iii. the appropriate form
designated by OAAS to document the individuals medical status and
condition.
4.
Repealed.
H. Skilled
Rehabilitation Therapies Pathway
1. The
intent of this pathway is to identify individuals who have received, or are
scheduled to receive physical therapy, occupational therapy or speech
therapy.
2. In order for an
individual to be approved under this pathway, the individual must:
a. have received at least 45 minutes of
active physical therapy, occupational therapy, and/or speech therapy during the
seven-day look-back period; or
b.
be scheduled to receive at least 45 minutes of active physical therapy,
occupational therapy, and/or speech therapy scheduled during the seven-day
look-forward period.
i. - v.
Repealed.
3.
Supporting documentation of the therapy received/scheduled during the
look-back/look-forward period is required and must include:
a. a copy of the physicians orders for the
received/scheduled therapy;
b. the
home health care plan notes indicating the received/scheduled
therapy;
c. progress notes
indicating the physical, occupational, and/or speech therapy
received;
d. nursing facility or
hospital discharge plans indicating the therapy received/scheduled;
or
e. the appropriate form
designated by OAAS to document the individuals medical status and
condition.
4.
Repealed.
I. Behavior
Pathway
1. Effective upon promulgation of
this Rule, the behavior pathway will be eliminated as a pathway for meeting
nursing facility level of care.
2.
Individuals receiving services who met the nursing facility level of care only
by triggering the behavior pathway prior to promulgation of this Rule shall
continue to remain eligible for services requiring nursing facility level of
care until:
a. the individual is discharged
from long term care services; or
b.
the individual has been found eligible for services in another program or
setting more appropriate to their needs.
J. Service Dependency Pathway
1. The intent of this pathway is to identify
individuals who are currently in a nursing facility or receiving services
through the Adult Day Health Care Waiver, the Community Choices Waiver, Program
of All Inclusive Care for the Elderly (PACE) or receiving long-term personal
care services.
2. In order for
individuals to be approved under this pathway, the afore-mentioned services
must have been approved prior to December 1, 2006 and ongoing services are
required in order for the individual to maintain current functional
status.
3. There must have been no
break in services during this time period.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and Title XIX of the Social Security
Act.