1. A. In order to participate as a personal care services provider in the Medicaid Program, an agency:

   1. 1. must comply with:

      1. a. state licensing regulations;
      2. b. Medicaid provider enrollment requirements;
      3. c. the standards of care set forth by the Louisiana Board of Nursing; and
      4. d. any federal or state laws, rules, regulations, policies and procedures contained in the Medicaid provider manual for personal care services, or other document issued by the department. Failure to do may result in sanctions;
   2. 2. must possess a current, valid home and community-based services license to provide personal care attendant services issued by the Department of Health, Health Standards Section.

2. B. In addition, a Medicaid enrolled agency must:

   1. 1. maintain adequate documentation as specified by OAAS, or its designee, to support service delivery and compliance with the approved POC and will provide said documentation at the request of the department or its designee; and
   2. 2. ensure that all agency staff are employed in accordance with Internal Revenue Service (IRS) and U.S. Department of Labor regulations.

   3. 3. ensure that statewide criminal history background checks are performed on all unlicensed persons working for the provider in accordance with R.S. 40:1203.1 et. seq. and/or other applicable state law upon hire;

      1. a. ensure that the provider does not hire unlicensed persons who have a conviction that bars employment in accordance with R.S. 40:1203.3 or other applicable state law;

         1. i. the provider shall have documentation on the final disposition of all charges that bars employment pursuant to applicable state law;

   4. 4. ensure that all employees, including contractors, have not been excluded from participation in the Medicaid programs by checking the databases upon hire and monthly thereafter;

      1. a. the provider shall maintain documentation of the results of these database checks.

3. C. An LT-PCS provider shall not refuse to serve any individual who chooses his agency unless there is documentation to support an inability to meet the individual’s needs, or all previous efforts to provide service and supports have failed and there is no option but to refuse services.

   1. 1. OAAS or its designee must be immediately notified of the circumstances surrounding a refusal by a provider to render services.
   2. 2. This requirement can only be waived by OAAS or its designee.

4. D. OAAS or its designee is charged with the responsibility of setting the standards, monitoring the outcomes and applying administrative sanctions for failures by service providers to meet the minimum standards for participation.

   1. 1. Failure to meet the minimum standards shall result in a range of required corrective actions including, but not limited to:

      1. a. removal from the Freedom of Choice listing;
      2. b. a citation of deficient practice;
      3. c. a request for corrective action plan; and/or
      4. d. administrative sanctions.
   2. 2. Continued failure to meet the minimum standards shall result in the loss of referral of new LT-PCS recipients and/or continued enrollment as an LT-PCS provider.

5. E. Electronic Visit Verification. An electronic visit verification (EVV) system must be used for automated scheduling, time and attendance tracking and billing for LT-PCS services.

   1. 1. LT-PCS providers identified by the department shall use:

      1. a. the EVV system designated by the department; or

      2. b. an alternate system that:

         1. i. has successfully passed the data integration process to connect to the designated EVV system; and
         2. ii. is approved by the department.

   2. 2. Reimbursement for services may be withheld or denied if a provider:

      1. a. fails to use the EVV system; or
      2. b. uses the system not in compliance with Medicaid’s policies and procedures for EVV.
   3. 3. Requirements for proper use of the EVV system are outlined in the respective program’s Medicaid provider manual. All LT-PCS providers shall comply with the respective program’s Medicaid provider manual.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 29:912 (June 2003), amended LR 30:2832 (December 2004), amended by the Department of Health and Hospitals, Office of Aging and Adult Services, LR 34:2579 (December 2008), amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the Office of Aging and Adult Services, LR 35:2451 (November 2009), LR 39:2508 (September 2013), amended by the Department of Health, Bureau of Health Services Financing and the Office of Aging and Adult Services and the Office for Citizens with Developmental Disabilities, LR 43:1980 (October 2017), amended by the Department of Health, Bureau of Health Services Financing and the Office of Aging and Adult Services, LR 50:1844 (December 2024).