2006 Louisiana Laws - RS 37:1031 — Applicability

PART II.  DIRECT SERVICE WORKERS

§1031.  Applicability

A.  The provisions of this Part shall not apply to gratuitous care provided by friends or members of the individual's family.  The provisions of this Part shall apply to all direct service workers employed by a licensed agency and who attend to individuals receiving state or federally funded home and community-based services.  An individual being served shall meet the following criteria:

(1)  Is eligible for care in an intermediate care facility for people with developmental disabilities or be eligible for care in a nursing facility but has chosen to receive assistance in his residence.

(2)  Is able to self-direct the services or resides in a residence where there is daily monitoring by a family member, a direct service worker, or other health care provider.

(3)  Has a current plan of care.

(4)  Receives a periodic assessment by a registered nurse based on the individual's health status.

B.  As used in this Part, the term "residence" shall not include any intermediate care facility for people with developmental disabilities, any nursing home, or any other facility licensed by the Department of Health and Hospitals or the Department of Social Services.

C.  As defined in this Part, a "direct service worker" is an unlicensed person who provides personal care or other services and supports to persons with disabilities or to the elderly in order to enhance their well-being and which involves face-to-face direct contact with the person.  Functions performed may include but are not limited to assistance and training in activities of daily living, personal care services, and job-related supports.

D.  The Department of Health and Hospitals, in conjunction with the Louisiana State Board of Nursing, shall promulgate rules and regulations necessary to enable the implementation of this Part, and other rules and regulations concerning direct service workers consistent with this Part.

Acts 2005, No. 451, §1, eff. July 11, 2005; Acts 2006, No. 163, §4.