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State and federal legal requirements and regulations

LNHA State Regulatory Update Archive

Each month, the Division of Administration publishes the Louisiana Register which chronicles the executive orders and regulatory changes proposed or enacted by the state. In an effort to keep our members abreast of any regulatory changes, Wes Hataway, LNHA Legal and Policy Director, publishes a monthly summary of regulatory changes affecting our profession. Click below to view the archived editions.

2021

2020

2019

2018

2017

LDH LOCET Weekend Coverage

The Louisiana Department of Health (LDH) Office of Aging and Adult Services recently noted that Nursing Facility Admissions staff are on call as needed during the weekend if a facility needs a LOCET completed for a weekend admission or discharge. Call 337.262.1664 to complete a LOCET on the weekend.

LNHA Summary Nursing Home Virtual Visitation (Granny Cam)

The Nursing Home Virtual Visitation Act passed into law during the 2018 Regular Legislative Session. The law gives residents or their legal representatives the right to install a monitoring device in their room. The law became effective on January 1, 2019. For more information, read LNHA’s summary of the requirements of the Act here. Click here to view LDH’s Granny Cam forms.

LDH will send these forms to facilities directly and will post them on the LDH website.

  • Pages 1-3: Notice of Right to Install and Use a Monitoring Device in Your Room at a Nursing Home
  • Pages 4-5: Authorization and Consent Form (Form HSS 596-1)
  • Page 6: Reversal Form (Form HSS 596-2)

Update From the Fire Marshal

Louisiana Fire Marshal Butch Browning provided an update regarding power strips and when they are required. The typical nursing facility resident’s sleeping room is not classified as a patient care room, therefore, the higher-grade power strip (those with an UL rating with an A or I behind the number) is not required.

If the power strip is only used for non-patient care electrical equipment, the power strip must be Relocatable Power Taps (RPT) listed as UL 1363. The exception to this would be for patients’ rooms wherein the power strip is intended to be used for equipment that is used to examine or treat patients with diagnostic, therapeutic or monitoring devices. This would include the use of patient care equipment such as concentrators, pumps, etc. In this case, the higher-grade power strips such as UL 1363A or UL 60601-1 must be used. Click here to view a helpful handout.

Mr. Browning also provided an update regarding fire doors and missing labels on the fire doors. He stated that a facility built in the last 15-20 years likely is constructed in a manner that does not require fire doors with a two-hour rating. Buildings constructed in a manner that require a two-hour separation must have their fire doors annually inspected. If your fire door is missing the fire rating plates, contact the Fire Marshal’s Office. Staff from the Fire Marshal’s Office will inspect and verify that a two-hour separation is required. If everything meets the code, then those doors may be grandfathered in. (April 2018)

Opioid Epidemic

The Louisiana Department of Health (LDH), in response to the national opioid epidemic, offers a wide range of resources and tools to health care providers to assist them in understanding the current health crisis regarding prescription opioid use. The references include information on dosing, monitoring, treating an opioid overdose and other methods of pain management and treatment. The information has been compiled to encourage and support Louisiana Medicaid providers in promoting awareness and thoughtfulness when including opioid medications in a plan of care. Click here to view the informational bulletin. (Feb. 2017)

The Centers for Medicare & Medicaid Services sent a memo to state survey agency directors last week advising long-term care providers to consider cyber security when developing and reviewing their emergency preparedness plans. The notice said that although the agency’s recently released emergency preparedness rule did not specifically address cyber security, providers could still benefit from adopting an all-hazards approach to mitigating cyberattacks. Click here to read CMS’ full memo, which includes additional resources that facilities can use in their cyber-security planning process. (Jan. 2017)

Federal Emergency Preparedness Requirements for Medicare and Medicaid Programs

The Centers for Medicare and Medicaid Services (CMS) created a final rule that establishes national emergency preparedness requirements for Medicare and Medicaid-participating providers and suppliers to plan adequately for both natural and man-made disasters and coordinate with federal, state, tribal, regional and local emergency preparedness systems. Click here to view a copy of the final rule and click here to view a summary of the CMS rule. (Sept. 2016)

Louisiana Medicaid Nursing Facility Direct Care and Care Related Exspenses

Click here to read the PDF disseminated from the Louisiana Department of Health concerning Louisiana Medicaid Nursing Facility Direct Care and Care-Related Expenses

Personal Fund Accounts Rule

The management of a resident’s personal funds is addressed in Title 48, Section 9779 of the Louisiana Administrative Code. The regulation addresses the facility’s responsibility in depositing the funds, providing an accounting of the funds and conveyance upon transfer, discharge or death of the resident. The resident’s rights to access the funds are detailed. The regulation also discusses the creation and management of a jointly owned account by the resident and his legal representative or next of kin. Finally, the regulation addresses the facility’s responsibilities in assisting a resident in obtaining a burial policy. The full text of the regulation can be found here. (Updated Jan. 29, 2018)

Shingles and Pneumonia Immunization Information

Nursing facilities are required by state law to provide educational information on shingles and pneumonia immunizations to residents no later than September 1 of each year. LDH updated the fact sheets for 2021. LNHA urges you to share the fact sheets below with your residents. (Updated 2021)

Background Check Requirements for Employees of Nursing Facilities

State and federal law place certain requirements on long-term care nursing facilities regarding applicants for employment. This memo provides an analysis of the law and is to be used as a resource and guide for LNHA members. (August 2019)

For a list of agencies authorized by the Louisiana State Police to conduct criminal history and security checks, click here. (January 2020)

Electioneering/Voting in Nursing Facilities

State law contains special provisions for voters residing in nursing facilities. In addition, there are also special provisions regarding electioneering and voter solicitation in nursing facilities prior to an election. Refer to the following for the state law RS 18:1333 and RS 18:1334.

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