La. Admin. Code tit. 48 § I-6827

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

Section I-6827 - Governing Body

A. Each ARCP shall have an identifiable governing body with responsibility for, and authority over, the policies and activities of the ARCP and ultimate authority for:

1. the overall operation of the ARCP;

2. the adequacy and quality of care;

3. the financial solvency of the ARCP and the appropriate use of its funds;

4. the implementation of the standards set forth in these regulations; and

5. the adoption, implementation and maintenance, in accordance with the requirement of state and federal laws and regulations and these licensing standards, of adult residential care and administrative policies governing the operation of the ARCP.

B. The ARCP shall have documents identifying the following information regarding the governing body:

1. names and addresses of all members;

2. terms of membership;

3. officers of the governing body; and

4. terms of office of any officers.

C. The governing body shall be composed of one or more persons. When the governing body is composed of only one person, this person shall assume all of the responsibilities of the governing body.

D. When the governing body is composed of two or more persons, the governing body shall hold formal meetings at least twice a year. There shall be written minutes of all formal meetings and bylaws specifying frequency of meetings and quorum requirements.

E. Responsibilities of a Governing Body. The governing body of an ARCP shall:

1. ensure the ARCPs compliance and conformity with the providers charter or other organizational documents;

2. ensure the ARCPs continual compliance and conformity with all relevant federal, state, local, and municipal laws and regulations;

3. ensure that the ARCP is adequately funded and fiscally sound;

4. review and approve the ARCPs annual budget;

5. designate a person to act as director and delegate sufficient authority to this person to manage the ARCP;

6. formulate and annually review, in consultation with the director, written policies concerning the providers philosophy, goals, current services, personnel practices, job descriptions and fiscal management;

7. annually evaluate the directors performance;

8. have the authority to dismiss the director; and

9. meet with designated representatives of the department whenever required to do so.

La. Admin. Code tit. 48, § I-6827

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 41:1094 (June 2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2166.1-2166.8.