La. Admin. Code tit. 48 § I-7735

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

Section I-7735 - Governing Body

A. An NSA shall have an identifiable governing body with responsibility for and authority over the policies and activities of the agency.

1. An NSA shall have documents identifying all members and officers of the governing body, their addresses, and their terms of membership.

2. The governing body shall hold formal meetings at least twice a year.

3. There shall be written minutes of all formal meetings of the governing body and by-laws specifying frequency of meetings and quorum requirements.

B. The governing body of an NSA shall:

1. ensure the NSA's continual compliance and conformity with all relevant federal, state, local, and municipal laws and regulations;

2. ensure that the NSA is adequately funded and fiscally sound;

3. review and approve the NSA's annual budget;

4. designate a person to act as administrator/director and delegate sufficient authority to this person to manage the NSA agency;

5. formulate and annually review, in consultation with the administrator/director, written policies concerning the NSA's philosophy, goals, current services, personnel practices, job descriptions and fiscal management;

6. annually evaluate the administrator/director's performance;

7. have the authority to dismiss the administrator/director;

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

9. ensure federal and statewide criminal background checks on all unlicensed persons providing direct care and services to clients in accordance with R.S. 40:1203.1 et seq., or other applicable current state law upon hire;

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

a. the NSA shall have documentation on the final disposition of all charges that bars employment pursuant to applicable state law; and

11. ensure that certified nurse aides (CNAs) comply with R.S. 40:1203.2 or other applicable current state law.

La. Admin. Code tit. 48, § I-7735

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491738 (10/1/2023).

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