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Administrative Procedure Act, R.S. 49:950 et seq.

Title 48


Part 1.  General Administration

Subpart 3.  Licensing and Certification

Chapter 42.Adult Day Health Care

Subchapter A.General Provisions


A.The purpose of Adult Day Health Care (ADHC) services is to provide an alternative to or a possible prevention or delay of 24-hour institutional care by furnishing direct care for a portion of the day to adults who have physical, mental, or functional impairments. An ADHC shall be operational for at least five hours each day of operation. An ADHC center shall be operational for at least five days per week. An ADHC center shall protect the health, safety, welfare, and well-being of participants attending ADHC centers.

B.An ADHC center shall have a written statement describing its philosophy as well as long-term and short-term goals. The provider program statement shall include goals that:

1.promote the participant's maximum level of independence;
2.maintain the participant's present level of functioning as long as possible, while preventing or delaying further deterioration;
3.restore and rehabilitate the participant to the highest level of functioning;
4.provide support and education for families and other caregivers;
5.foster participation, socialization and peer interaction; and
6.serve as an integral part of the community services network and the long-term care continuum of services.

AUTHORITY NOTE:Promulgated in accordance with R.S. 36:254 and 40:2120.41-46.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 34:2177 (October 2008).


Activities of Daily Living (ADL)—the functions or tasks which are performed either independently or with supervision, or assistance for mobility (i.e., transferring, walking, grooming, bathing, dressing and undressing, eating and toileting).

Adult Day Health Care (ADHC)—a medical model adult day health care program designed to provide services for medical, nursing, social, and personal care needs to adults who have physical, mental or functional impairments. Such services are rendered by utilizing licensed professionals in a community based nursing center.

Adult Day Health Care Center—any place owned or operated for profit or nonprofit by a person, society, agency, corporation, institution, or any group wherein two or more functionally impaired adults who are not related to the owner or operator of such agency are provided with adult day health care services. This center type will be open and providing services at least five continuous hours in a 24-hour day.

Change of Ownership (CHOW)—a change in the legal provider/entity responsible for the operation of the ADHC center.

Chemical Restraint—any drug that is used for discipline or convenience and when it is not required to treat medical symptoms.

Complaints—allegations of noncompliance with regulations filed by someone other than the provider.

Department—the Louisiana Department of Health and Hospitals (DHH) and its representatives.

Direct Care Staff—unlicensed staff who provide personal care or other services and support to persons with disabilities or to the elderly to enhance their well-being, and who are involved in face-to-face direct contact with the participant.

Director—a full time person engaged in the day-to-day management of the center in which management activities shall be the major function of the required duties.

Elopement—to slip away or run away.

Functionally Impaired Adults—persons 17 years of age or older who are physically and/or mentally impaired and require services and supervision for medical, nursing, social, and personal care needs.

Governing Body—the person or group of persons that assumes full legal responsibility for determining, implementing and monitoring policies governing the ADHC's total operation, and who is responsible for the day-to-day management of the ADHC program, and must also insure that all services provided are consistent with accepted standards of practice.

Individualized Service Plan—an individualized written program of action for each participant's care and services to be provided by the ADHC center based upon an assessment of the participant.

Involuntary Discharge/Transfer—a discharge or transfer of the participant from the ADHC center that is initiated by the center.

Licensed Practical Nurse (LPN)—an individual currently licensed by the Louisiana State Board of Practical Nurse Examiners to practice practical nursing in Louisiana. The LPN works under the supervision of a registered nurse.

Minimal Harm—negative impact of injury causing the least possible physical or mental damage.

Participant—an individual who attends an adult day health care center.

Physical Restraint—any manual method (ex: therapeutic or basket holds and prone or supine containment) or physical or mechanical device material (ex: arm splints, leg restraints, lap trays that the participant cannot remove easily, posey belts, posey mittens, helmets), or equipment attached or adjacent to the participant's body that interferes or restricts freedom of movement or normal access to one’s body and cannot be easily removed by the participant.

Primary Care Physician—a physician, currently licensed by the Louisiana State Board of Medical Examiners, who is designated by the participant or his personal representative as responsible for the direction of the participant's overall medical care.

Program Manager—a full–time designated staff person, formerly known as the program director, who is responsible for carrying out the center's individualized program for each participant.

Progress Notes—ongoing assessments of the participant which enable the staff to update the individualized service plan in a timely, effective manner.

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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