La. Admin. Code tit. 48, § I-5038 - Provisions for Services to Clients Outside of Licensed Geographic Area in Event of a Gubernatorial Declared State of Emergency or Disaster
A. To ensure the
health and safety of clients, and the coordination and continuation of services
to clients, during a gubernatorial declared state of emergency or disaster in
Louisiana, the department, through written notice sent electronically to
licensed HCBS providers, may allow a licensed HCBS provider to operate and
provide services to existing clients who are receiving personal care services
and respite services and who have evacuated or temporarily relocated to another
location in the state when the following apply:
1. the client has evacuated or temporarily
relocated to a location outside of the providers licensed region due to the
declared state of emergency or disaster;
2. the client shall have been a client of the
HCBS provider as of the date of the declared emergency or disaster, with an
approved plan of care;
3. the
clients existing caregiver(s) go with the client or provide services to the
client at the clients temporary location;
4. the provider is responsible for ensuring
that all essential care and services, in accordance with the plan of care, are
provided to the client, and the provider shall have sufficient staff and
back-up caregivers available to provide services; and
5. the provider shall not interfere with the
clients right to choose a provider of his/her choice if the client elects a new
HCBS provider in the area where the client relocates. The provider shall
facilitate clients selection.
B. The provisions of this Section shall not
apply to providers of center based respite services.
C. To ensure the health and safety of
clients, and the coordination and continuation of services to clients, during a
gubernatorial declared state of emergency or disaster in Louisiana, the
department, through written notice sent electronically to licensed HCBS
providers, may allow a licensed HCBS provider to operate and provide services
to existing clients who are receiving supervised independent living services
(SIL) and who have evacuated or temporarily relocated to another location in
the state when the following apply:
1. the
client has evacuated or temporarily relocated to a location outside of the
providers licensed region due to the declared state of emergency or
disaster;
2. the client shall have
been a client of the HCBS provider as of the declared state of emergency or
disaster, with an approved plan of care;
3. the provider has sufficient and qualified
staff to provide SIL services at the clients temporary location;
4. the provider is responsible for ensuring
that all essential SIL services, in accordance with the plan of care, are
provided to the client; and
5. the
provider shall not interfere with the clients right to choose a provider of
his/her choice if the client elects a new HCBS provider in the area where the
client relocates. The provider shall facilitate clients selection.
D. Under the provisions of this
Section, the departments initial written notice to licensed HCBS providers to
authorize these allowances shall be for a period not to exceed 45 days. The
department may extend this initial period, not to exceed an additional 45 days,
upon written notice sent electronically to the licensed HCBS
providers.
E. Under the provisions
of this Section, the department in its discretion may authorize these
allowances statewide or to certain affected parishes.
F. An HCBS provider who wants to provide
services to a client that has temporarily relocated out of state must contact
that states licensing/certification department to obtain any necessary
licensing and/or certification before providing services in that
state.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.