La. Admin. Code tit. 48 § I-7753

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-7753 - Record Keeping

A. Administrative Records. The NSA shall have an administrative record that includes:

1. a list of members and officers of the governing body, along with their addresses and terms of membership;

2. a copy of its articles of incorporation or organization, by-laws, and operating agreements, or partnership documents, if applicable;

3. a copy of the current NSA license issued by HSS;

4. the written policies and procedures approved annually by the owner/governing body that address the requirements listed in Subchapter B of this Chapter;

5. the minutes of formal governing body meetings;

6. the organizational chart of the NSA;

7. all leases, contracts, and purchase of service agreements to which the NSA is a party, which includes all appropriate credentials;

8. insurance policies;

9. annual budgets and audit reports; and

10. copies of incident/accident reports.

B. Personnel Records. An NSA shall maintain a personnel record for each employee or contracted staff. At a minimum, this file shall contain the following:

1. the application for employment, including the resume of education, training, and experience, if applicable;

2. a criminal history check, prior to an offer of direct or contract staff employment or contract, in accordance with federal and state law;

3. evidence of current applicable professional or paraprofessional credentials/certifications/licensure according to state law, rule, or regulation;

4. evidence of review of adverse action reports on the Louisiana certified nurse aide registry, upon hire and annually thereafter;

5. documentation including, but not limited to, any healthcare screening or immunizations that are required by the state, federally, or the client;

6. documentation of employees or contracted staff's hire and termination dates, and the number of hours worked per month;

7. documentation of orientation and annual training of staff, as required by the written contract between the NSA and the healthcare facility;

8. documentation of an employee or contracted staff person's name and state issued identification;

9. documentation of reference checks; and

10. annual performance evaluations.

C. Maintenance and Storage of Records

1. All records shall be maintained in an accessible, standardized order and format and shall be retained and disposed of in accordance with state laws. An NSA shall have sufficient space, facilities, and supplies for providing effective storage of records.

2. An NSA which is closing shall submit to the department for approval, 30 days prior to closure, a written plan for the disposition of employee or contracted staff records. The plan shall include:

a. the effective date of the closure;

b. provisions that comply with federal and state laws on storage, maintenance, access, and confidentiality of the closed NSA's employees or contracted staff's related records;

c. the name and contact information for the appointed custodian(s) who shall provide the following:

i. access to records and copies of personnel records, upon presentation of proper authorization(s); and

ii. physical and environmental security that protects the records against fire, water, intrusion, unauthorized access, loss, and destruction; and

d. to whom records may be released. Release shall be made in accordance with any and all federal and state laws.

La. Admin. Code tit. 48, § I-7753

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491740 (10/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254.