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I.EXECUTIVE ORDERS - page 218 / 359

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C.A center shall ensure that each direct service worker completes no less than 20 hours of face-to-face training per year. Orientation and normal supervision shall not be considered for meeting this requirement.

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 34:2187 (October 2008).

§4263.Personnel Files

A.An ADHC center shall have a personnel file for each employee that shall contain:

1.the application for employment and/or resume;
2.reference letters from former employer(s) and personal references or written documentation based on telephone contact with such references;
3.any required medical examinations;
4.evidence of applicable professional credentials/certifications according to state law;
5.annual performance evaluations;
6.personnel actions, other appropriate materials, reports and notes relating to the individual's employment with the center; and
7.the employee’s starting and termination dates.

B.The staff member shall have reasonable access to his/her file and shall be allowed to add any written statement that he/she wishes to make to the file at any time.

C.An ADHC center shall retain an employee’s personnel file for at least three years after the employee's termination of employment.

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 34:2188 (October 2008).

Subchapter G.Center Responsibilities

§4265.General Provisions

A.A center shall employ a sufficient number of qualified staff and delegate sufficient authority to such staff to ensure that the center's responsibilities are carried out and that the following functions are adequately performed:

1.administrative functions;
2.fiscal functions;
3.clerical functions;
4.housekeeping, maintenance and food service functions;
5.direct service functions;
6.supervisory functions;
7.record-keeping and reporting functions;
8.social services functions; and
9.ancillary service functions;

B.The center shall ensure that all staff members are properly certified and/or licensed as legally required.

C.The center shall ensure that an adequate number of qualified direct service staff is present with the participants as necessary to ensure the health, safety and well-being of participants.

1.Staff coverage shall be maintained giving consideration to the time of the day, the size and nature of the center and the needs of the participants.

D.The center shall not knowingly hire, or continue to employ, any person whose health, educational achievement, emotional or psychological makeup impairs his/her ability

to properly protect the health and safety of the participants or is such that it would endanger the physical or psychological well-being of the participants.

1.This requirement is not to be interpreted to exclude the continued employment of persons undergoing temporary medical or emotional problems in any capacities other than direct services.

E.If any required professional services are not furnished by center employees, the center shall have a written agreement with an appropriately qualified professional to perform the required service or written agreements with the state for required resources.

F.The center shall establish procedures to assure adequate communication among staff in order to provide continuity of services to the participant. This system of communication shall include:

1.a regular review of individual and aggregate problems of participants, including actions taken to resolve these problems;
2.sharing daily information, noting unusual circumstances and other information requiring continued action by staff; and
3.the maintenance of all accidents, personal injuries and pertinent incidents records related to implementation of the participant’s individual service plans.

G.Any employee who is working directly with participant care shall have access to information from participant case records that is necessary for the effective performance of the employee's assigned tasks.

H.The center shall establish procedures which facilitate participation and feedback by staff members in policy-making, planning and program development for participants.

I.At all times, there shall be a staff member in the center who has knowledge of and can apply first aid and who is certified in CPR.

J.In the absence of the director, a staff member shall be designated to supervise the center.

K.The center shall not provide service to more participants than the number specified on its license on any given day or at any given time.

L.The center shall make available to DHH any information, which the center is required to have under these standards and is reasonably related to the assessment of compliance with these standards. The participant's rights shall not be considered abridged by this requirement.

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 34:2188 (October 2008).

§4267.Staffing Requirements

A.ADHC staff shall meet the following education and experience requirements. All college degrees must be from a nationally accredited institution of higher education as defined in §102(b) of the Higher Education Act of 1965 as amended. The following staff positions are required; however, one person may occupy more than one position except for those positions that require full time status. No staff person shall occupy more than three positions at a given time.

1.Director. The director shall have a bachelor's degree in a human services-related field, such as social work, nursing, education, or psychology. Two years of

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

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