§2166.5. Rules and regulations; licensing standards; fees
A. The department shall promulgate and publish rules, regulations, and licensing
standards, in accordance with the Administrative Procedure Act, to provide for the licensure
of adult residential care providers, and to provide for the health, safety, and welfare of
persons receiving care from such providers, and to provide for the safe operation of such
providers. The rules, regulations, and licensing standards shall become effective upon
approval of the secretary of the department in accordance with the Administrative Procedure
Act. Such rules, regulations, and licensing standards shall have the effect of law.
B. The department shall prescribe, promulgate, and publish rules, regulations, and
licensing standards including but not limited to the following:
(1) Licensure application and renewal application procedures and requirements.
(2) Operational and personnel requirements.
(3) Practice standards to assure quality of care.
(4) Practice standards to assure the health, safety, welfare, and comfort of persons
receiving care.
(5) Survey and complaint investigations.
(6) Initial and annual renewal of license, including the requirement of a showing of
financial viability.
(7) Provisional licenses.
(8) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals
therefrom.
(9) Planning, construction, and design of the facility to ensure the health, safety,
welfare, and comfort of persons receiving services.
(10) Other regulations or standards as will ensure proper care and treatment of
persons receiving service, including provisions relative to civil monetary penalties, as may
be deemed necessary for an effective administration of this Part. Such standards shall include
rules that subject adult residential care providers or facilities to civil monetary penalties by
class of violation.
(11) Modules of adult residential care providers with varying levels of services. The
modules for adult residential care providers shall be as follows:
(a) Level 1 personal care homes.
(b) Level 2 shelter care homes.
(c) Level 3 assisted living facilities.
(d) Level 4 adult residential care providers.
(12)(a) The requirement for licensed adult residential care providers to allow
immediate family members and other designated persons to visit residents during a public
health emergency whenever a resident requests such a visit with special consideration to be
given to residents receiving end-of-life care.
(b) The rules shall include but not be limited to definitions, minimum requirements
including the right to consensual nonsexual physical contact such as hand-holding or
hugging, restrictions, and provisions to protect the health, safety, and welfare of the residents
and the staff of the licensed adult residential care provider. However, the rules may not
require visitors to submit proof of any vaccination or immunization.
(c) The rules shall allow licensed adult residential care providers to adopt reasonable
time, place, and manner restrictions on resident visitation that are implemented for the
purpose of mitigating the possibility of transmission of any infectious agent or disease or to
address the medical condition or clinical considerations of an individual resident.
(d) The rules promulgated pursuant to this Paragraph shall be preempted by any
federal statute, federal regulation, or guidance from a federal government agency that
requires a licensed adult residential care provider to restrict resident visitation in a manner
that is more restrictive than the rules adopted by the department pursuant to this Paragraph.
(e) For purposes of this Paragraph, the following definitions apply:
(i) "Public health emergency" means a state of public health emergency that is
declared pursuant to the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq.
(ii) "Resident" means a resident of a licensed adult residential care provider facility
or his legal or designated representative.
C. The secretary of the department is further authorized to set and collect fees and
fines for the licensure of adult residential care providers as follows:
(1) Each adult residential care provider shall be assessed a fee not to exceed six
hundred dollars, payable to the department, at the time an application is made to the
department, and once a year thereafter for renewal of license. This fee is for application and
renewal of a license only.
(2) Each adult residential care provider shall be assessed an additional application
and renewal fee not to exceed five dollars per unit, payable to the department, at the time the
application or application for renewal of the license is made. For purposes of Subsection C
of this Section, "unit" means room or station.
(3) An adult residential care provider shall be assessed a delinquent fee of one
hundred dollars for failure to timely renew its license. This delinquent fee shall be assessed
and shall become due and payable to the department at 12:01 a.m. on the first day following
the expiration date of the license.
(4) Effective July 1, 2010, an adult residential care provider which had previously
been licensed by the Department of Children and Family Services as an adult residential care
home as of June 30, 2010, shall continue to pay the existing fee of two hundred fifty dollars
for license renewal. The license fee shall be due once a year for renewal of license.
(5) Effective July 1, 2010, an adult residential care provider which had previously
been licensed by the Department of Children and Family Services as an adult residential care
home as of June 30, 2010, which operates without a valid license or which operates in
violation of state law or department regulations shall be fined by the department in
accordance with the existing schedule of fines and enforcement procedures promulgated by
rules of the department, not to exceed two hundred fifty dollars for each day of such offense.
Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010;
Acts 2020, 2nd Ex. Sess., No. 18, §1, eff. Oct. 28, 2020; Acts 2022, No. 271, §4; Acts 2023,
No. 367, §1.