A. Inspections
1. As authorized and directed under R.S. 40:2156, the Bureau shall inspect at regular intervals, not to exceed one (1) year or such shorter periods as may be deemed
necessary by the Bureau, and without previous notice, all adult residential care facilities as defined in R.S. 40:2153 and LAC 48:I.8813.
2. The Bureau shall also develop and facilitate coordination with other authorized local, state, and federal agencies making inspections of adult residential care
homes.
B. Complaints
1. All complaints shall be reviewed to determine if they fall under the authority of the Department of Social Services or of another local, state or federal agency.
2. Complaints shall be investigated by the Bureau, referred to another agency, or returned to the complainant if not accepted. A record of all complaints shall be
retained by the Bureau in accordance with laws governing retention of records.
C. Waiver; Standards Deemed To Be Met
1. The Secretary, Department of Social Services, in specific instances, may waive compliance with a minimum standard upon a determination that the economic
the impact is sufficiently great to make compliance impractical, as long as the health and well-being of the staff and/or residents are not imperiled.
2. All waivers must be reviewed at least annually for continuance. A waiver may be withdrawn when it is determined that it was issued in error, situations have
changed as to why the waiver was first issued, or when the provider has not complied with agreed-upon stipulations.
3. If it is determined by the Bureau of Licensing that a facility is meeting or exceeding the intent of a standard or regulation, the standard or regulation maybe
deemed to be met.
D. Waivers; General
1. Any Adult Residential Care Facility that was licensed, or that had made an application for licensure and was in the licensure process, prior to the effective
date of these regulations and that does not meet these regulations for room size and/or capacity may be issued a waiver for room size and/or capacity if all other
regulations are met and the following is documented:
a. the economic impact is sufficiently great to make compliance impractical;
b. the facility remains in compliance with all other current licensing regulations; and,
c. the health and well-being of the residents and/or staff are not at risk.
2. Failure to adhere to the waiver requirements will result in the revocation of the waiver and the facility will be required to meet all current regulations.
3. Any addition or renovation to the facility must meet all current licensing regulations including room size.
4. Any facility that has a change of location, or that has had a license revoked, upon
reapplication must be relicensed according to current regulations. Their right to a
waiver will have been forfeited.