HLS 10RS-2130 ORIGINAL
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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 118
BY REPRESENTATIVE DIXON
ADULT DAY CARE: Amends administrative rules relative to Adult Residential Care
Facilities
A CONCURRENT RESOLUTI ON1
To amend the Department of Social Services, office of community services rule, LAC2
48:I.8819(B)(1)(b) and (c), which provides for required staffing at adult residential3
homes and facilities, and to direct the office of the state register to print the4
amendments in the Louisiana Administrative Code.5
WHEREAS, adult residential homes and facilities provide a greatly valued service6
to the elderly and disabled adult population of Louisiana; and7
WHEREAS, while it is the intent of the legislature to protect the health, safety, and8
well-being of the elderly and disabled adults of the state, it is also the intent of the legislature9
to promote the availability of appropriate services which enhance the dignity, independence,10
individuality, privacy, choice, and decision-making ability of elderly and disabled adults;11
and12
WHEREAS, the current regulations interpreting R.S. 40:2151 through 2161 do not13
reflect full legislative intent to balance the health and safety of the residents living in14
residential facilities with the need to make available appropriate services; and15
WHEREAS, it is difficult for residential facility directors to comply with the twenty-16
four hour rule as it is currently written, and this difficulty may result in a reduced number17
of appropriate services for the elderly and disabled population; and 18
WHEREAS, R.S. 49:969 provides that "the legislature, by concurrent resolution, may19
suspend, amend, or repeal any rule or regulation or body of rules or regulations adopted by20
a state department, agency, board, or commission".21 HLS 10RS-2130 ORIGINAL
HCR NO. 118
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THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC1
48:I.8819(B)(1)(b) and (c) are hereby amended to read as follows:2
ยง8819. Required Staffing3
* * *4
B. At a minimum the following staff positions are required, however, one5
person may occupy more than one position.6
1. Director7
* * *8
b. During periods of temporary absence of the director, there shall be a9
responsible staff person designated to be in charge that has the knowledge and10
responsibility to handle any situation that may occur. If the director or designated11
person is not present, a contact telephone number shall be posted in a visible manner12
at the entrance of the facility which shall be accessible to required state officials.13
The telephone number posted shall have electronic mail capabilities to enable state14
officials to have multiple options for contacting the director or designee. The15
director or designee shall contact required state officials in a timely manner as16
determined by the Department of Social Services.17
c. There shall be a director or responsible staff person on the premises18
twenty-four hours per day. This requirement shall not be enforceable if residents are19
not on the premises due to a priorly scheduled activity.20
* * *21
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the22
office of the state register and the Department of Social Services, office of community23
services.24
BE IT FURTHER RESOLVED that the office of the state register is hereby directed25
to have the amendments to LAC 48:I.8819(B)(1)(b) and (c) printed and incorporated into the26
Louisiana Administrative Code and to transmit a copy of the revised rule to the Department27
of Social Services, office of community services.28 HLS 10RS-2130 ORIGINAL
HCR NO. 118
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Dixon HCR No. 118
Amends LAC 48:I.8819(B)(1)(b) and (c) of the rules and regulations promulgated by the
Dept. of Social Services, office of community services, for the regulation of required staffing
at adult residential homes and facilities to provide that contact information be posted at the
entrance of a facility when the director or designee is not present at the facility. Further
provides that the requirement for a director or staff person to be on the premises twenty-four
hours per day shall not be enforceable if residents are not on the premises due to a priorly
scheduled activity.
Directs the office of the state register to print the amendment to LAC 48:I.8819(B)(1)(b) and
(c) in the La. Administrative Code.
(LAC 48:I.8819(B)(1)(b) and (c))