1. The legislative authority for these licensing regulations and of the Department of Social Services (DSS) rulemaking authority is located in the following statutes:
a. R.S. 40: 2151-2161 (The Adult Residential Care Licensing Law);
b. R.S. Title 46:51 (DSS’s rulemaking authority).
2. Other statutes that may have a direct or indirect impact on these licensing regulations include, but are not limited to, 42U.S.C.1382e(e)(1,2) (The Keys
Amendment of the Social Security Act). The Keys Amendment requires States to establish, maintain and ensure the enforcement of standards for group living
arrangements in which recipients of Supplemental Security Income (SSI) benefits reside or are likely to reside.
1. It is the intent of the legislature to protect the health, safety, and well-being of the elderly and disabled adults of the state.
2. Toward that end, it is the purpose of the law to provide for uniform statewide minimum standards for the safety and well-being of the elderly and disabled in
such facilities and to regulate conditions in these facilities through a program of licensing.
3. The purpose of these regulations is to establish standards for Adult Residential Care Facilities that:
a. promote the availability of appropriate services for elderly and disabled persons in a residential environment;
b. enhance the dignity, independence, individuality, privacy, choice, and decision-making ability of the resident; and
c. promote the concept of “aging in place” by making personal care and health-related services available as residents’ needs change so long as it
does not require the facility to provide continuous nursing care.
4. Adult Residential Care Facilities shall deliver services to residents and design the physical environment in a way that supports the dignity, independence,
individuality, privacy, choice, and decision-making abilities of individual residents.
C. Policy. It shall be the policy of the State of Louisiana to ensure the protection of all individuals under care in Adult Residential Care Facilities and to encourage and assist in the improvement of programs.