§ 40:2116.34 — Minimum standards; rules and regulations

Louisiana § 40:2116.34

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2116.34. Minimum standards; rules and regulations
A. The secretary of the department shall prescribe and publish minimum standards
pursuant to the Administrative Procedure Act. Such standards shall include but not be
limited to the following:
(1) Requiring all such home health agencies to admit patients for skilled care only
on the order of an authorized healthcare provider. Signed authorized healthcare provider's
orders shall be obtained by the agency.
(2) Providing skilled nursing services and at least one other defined service.
(3) Adopting procedures for the administration of drugs and biologicals.
(4) Maintaining clinical records on all patients accepted for skilled care. The records
will be retained in accordance with existing state law.
(5) Requiring all agencies to establish patient care policies and personnel policies.
(6) Requiring all agencies to have services available at least eight hours a day five
days a week and available on an emergency basis twenty-four hours a day, seven days a
week.
(7) Requiring agencies to make service available to an individual in need within
twenty-four hours of a referral unless otherwise ordered by an authorized healthcare provider.
(8) Requiring each agency to have a designated director of nurses who is a full-time
employee of the agency and is available at all times during operating hours and additionally
as needed.
(9) Requiring each agency to have a designated alternate director of nurses who
meets the criteria for director of nurses and functions in that capacity whenever the director
of nurses is not available. At a minimum, the alternate director of nurses must be employed
for no less than twenty hours per week as defined in the minimum standards.
(10) Requiring the administrator of the agency to be a person who is designated in
writing, is administratively responsible and available in person or by telecommunication at
all times for all aspects of facility operation, who has three years management experience in
health care delivery service, and who meets one of the following conditions:
(a) Is a licensed physician.
(b) Is a registered nurse.
(c) Is employed as an administrator on or after January 13, 2018, and is a college
graduate with a bachelor's degree.
(d) Is employed as an administrator prior to January 13, 2018, and has had three
additional years of documented experience in a health care delivery service.
(e) Is an administrator who has experience in health service administration with at
least one year of supervisory or administrative experience related to home health care or a
home health care program.
(f) Repealed by Acts 2021, No. 181, §2, eff. June 11, 2021.
(11) Governing the licensing and operation of home health care agencies, which may
include rules relating to licensure information, licensing procedure, agency policies,
qualifications and responsibilities of service disciplines, clinical records, and requirements
for recordkeeping.
(12) Requiring the administrator of each agency to comply with the minimum
continuing education requirements established by the secretary.
B. Repealed by Acts 2022, No. 252, §3.

Legislative History

Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §14; Acts 1984, No. 347, §1; Acts 1985, No. 912, §1; Acts 1991, No. 136, §1; Acts 1995, No. 1252, §1; Acts 1997, No. 590, §1, eff. July 3, 1997; Acts 2018, No. 206, §4; Acts 2021, No. 181, §§1, 2, eff. June 11, 2021; Acts 2022, No. 252, §3.