2006 Louisiana Laws - RS 40:2120.4 — Rules and regulations; licensing standards

§2120.4.  Rules and regulations; licensing standards

A.  The licensing agency of the department is hereby authorized and directed to promulgate and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, to provide for the licensure of personal care attendant services agencies, respite care services agencies, and supervised independent living programs, and to provide for the health, safety, and welfare of persons receiving services from such facilities or programs, and to provide for the safe operation of such facilities or programs.  The rules, regulations, and licensing standards shall become effective upon approval of the secretary of the department in accordance with the Administrative Procedure Act.

B.  The licensing agency of the department shall prescribe, promulgate, and publish rules, regulations, and licensing standards to include but not be limited to the following:

(1)  Licensure application and renewal application procedures and requirements.

(2)  Operational and personnel requirements.

(3)  Practice standards to assure quality of care.

(4)  Practice standards to assure the health, safety, welfare, and comfort of patients, clients, and persons receiving services.

(5)  Survey and complaint investigations.

(6)  Initial and annual renewal of license, including the requirement of a showing of financial viability.

(7)  Provisional license.

(8)  Denial, revocation, suspension, and nonrenewal of licenses, and the appeals therefrom.

(9)  Planning, construction, and design of the facility to insure the health, safety, welfare, and comfort of patients, clients, and persons receiving services.

(10)(a)  Such other regulations or standards as will insure proper care and treatment of patients, clients, and persons receiving services, including provisions relative to civil money penalties, as may be deemed necessary for an effective administration of this Part.

(b)  Such standards should include rules that subject providers of home and community-based services to civil money penalties by class of violation.

(c)  Such penalties shall be similar to those relative to providers of nursing facility services and to providers of services in an intermediate care facility for people with developmental disabilities.

(d)  Such penalties shall be applied consistently with respect to all providers of home and community-based services.

C.  Such rules and regulations shall not provide for the licensure of residential orientation and adjustment programs for blind persons as supervised independent living service programs.

D.(1)  The secretary of the department is further authorized to set and collect fees for the licensure of personal care attendant services, respite care services, and supervised independent living service providers; however, no fees shall be collected from any council on aging pursuant to this Section.  The license fees shall not exceed the cost of licensure and shall not exceed the following:

(a)  Two hundred dollars per year for each personal care attendant service agency.

(b)  Two hundred dollars per year for each supervised independent living program.

(c)  Two hundred dollars per year for each agency providing in-home respite care.

(2)  Each out-of-home respite care facility shall be assessed fees as follows:

(a)  Four hundred dollars per year for each out-of-home respite care facility with no fewer than four and no more than six beds.

(b)  Eight hundred dollars per year for each out-of-home respite care facility with no fewer than seven and no more than fifteen beds.

(c)  Twelve hundred dollars per year for each out-of-home respite care facility with sixteen or more beds.

Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2006, No. 163, §2.