1. A. Each ADHC center shall:

   1. 1. be licensed by the Department of Health, Health Standards Section, in accordance with LAC 48:I.Chapter 42;
   2. 2. enroll as an ADHC Medicaid provider;
   3. 3. enter into a provider agreement with the department to provide services; and
   4. 4. agree to comply with the provisions of this Rule.
2. B. The provider shall not request payment unless the participant for whom payment is requested is receiving services in accordance with the ADHC Waiver program provisions and the services have been prior authorized and delivered.

3. C. Adult day health care waiver providers shall not refuse to serve any participant who chooses their agency unless there is documentation to support an inability to meet the participant’s health, safety and welfare 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. Providers must maintain adequate documentation to support service delivery and compliance with the approved POC and will provide said documentation at the request of the department, or its designee.

5. E. Adult day health care providers shall not interfere with the eligibility, assessment, care plan development or care plan monitoring processes with use of methods including, but not limited to:

   1. 1. harassment;
   2. 2. intimidation; or
   3. 3. threats against program participants, members of the participant’s informal support network, LDH staff, or support coordination staff.
6. F. Adult day health care providers shall have the capacity and resources to provide all aspects of the services they are enrolled to provide in the specified licensed service area.

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 Human Resources, Office of Family Security, LR 11:627 (June 1985), amended LR 13:181 (March 1987), amended by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 23:1155 (September 1997), LR 24:457 (March 1998), repromulgated LR 30:2041 (September 2004), amended by the Department of Health and Hospitals, Office for Aging and Adult Services, LR 34:2164 (October 2008), repromulgated LR 34:2568 (December 2008), ), amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the Office of Aging and Adult Services, LR 37:2625 (September 2011), LR 39:2497 (September 2013), amended by the Department of Health, Bureau of Health Services Financing and the Office of Aging and Adult Services, LR 44:2165 (December 2018).