8813 Definitions

A. The following definitions shall apply unless the text clearly indicates otherwise.

Abuse – the infliction of physical or mental injury on an adult by other parties, including but not limited to such means as sexual abuse, exploitation, or extortion of funds or other things of value, to such an extent that his/her health, self-determination, or emotional wellbeing is endangered.

Activities of Daily Living (ADLs) – these activities are considered the basic, vital, daily activities for persons and are identified as bathing, grooming, dressing, dining, toileting, ambulation/transfer, assistance with self-medication, etc.

Administrator – the individual designated by the owner or Governing Body as responsible for the management, administration, and supervision of the Facility.
Adult – a person who has attained eighteen years of age.

Adult Residential Care Home or Facility – a public or privately operated (twenty-four-hour) residence that provides personal assistance, lodging, and meals for compensation to two or more adults who are unrelated to the residence licensee, owner, or director.

Adult Residential Service Plan – a written description of the functional capabilities of an individual, the individual’s need for personal assistance, and the services to be provided to meet the individual’s needs.

Advocate – an impartial agent of an agency or organization designated by state legislation, the state plan, the governor, or the resident to represent the interests of the resident and speak on behalf of the resident of an adult residential care home.

Assisted Living Home/Facility – an Adult Residential Care Home/Facility that provides room, board, and personal services, for compensation, to two (2) or more residents that reside in individual living units which contain, at a minimum, one (1) room with a kitchenette and a private bathroom. For licensure, an Assisted Living Home/Facility shall comply with licensing regulations established as core standards plus those in the assisted living module.

Assisted Living Services – a coordinated array of supportive personal services, twenty-four (24) hour supervision and assistance (scheduled and unscheduled), activities, and health-related services that are designed to allow the individual to reside in the least restrictive setting of his/her choice, to accommodate individual resident’s changing needs and preferences, to maximize the resident’s dignity, autonomy, privacy and independence, and
to encourage family and community involvement. Assisted living services may be provided in facilities licensed as Adult Residential/Assisted Living Facility, Adult

Residential/Personal Care Home or Adult Residential/Shelter Care Facility.

Bureau of Licensing or Bureau – the agency or office within the Department of Social
Services with the responsibility for the inspection and licensure of Adult Residential Care

Homes or Facilities.
Common Area – interior congregate space(s) that is made available for the free and informal use of residents or the guests thereof of the Adult Residential Care
Home/Facility. Common areas may include congregating dining rooms, living rooms, T.V. rooms, other sitting rooms, etc.

Continuous Nursing Care – 24 hour-a-day nursing supervision with the services ordered by a physician and continued monitoring of initial signs and physical status. Such services shall be medically complex enough to require routine supervision, assessment, planning, or intervention by a nurse, required to be performed by or under the direct supervision of licensed nursing personnel or other professional personnel for safe and effective performance, required on a daily basis, and consistent with the nature and severity of the resident’s condition or disease state or stage.

Core Standards – the licensing regulations established for Adult Residential Care Home/Facility and contained in §§8801-8829.
Department – the Department of Social Services (DSS) of the State of Louisiana.

Direct Care Staff – an employee of the facility that provides personal services to the residents.

Director – the administrator or person designated by the administrator as responsible for carrying on the day-to-day management, supervision, and operation of the facility.

Duty Care Giver – a person that is not employed by the facility but provides care or services to the resident. (Private aid, home health nurses, therapist, and anyone else
contracted with by the resident.)

Facility – shall refer to the licensed provider of Adult Residential Care (Assisted Living, Personal Care Home, or Shelter Care Facility).

Imminent Danger – a danger that could reasonably be expected to cause death or life-threatening physical or mental harm.

Instrumental Activities of Daily Living (IADLs) – these activities are considered to be instrumental, essential activities for persons, but are not usually considered as basic or vital activities of daily living, and may not be daily activities. Such activities would include but are not limited to socialization, managing personal affairs, financial
management, shopping, housekeeping, appropriate transportation, correspondence,
behavior and health management, etc.

License – a certificate which may be either provisional, extended, or full that is issued by the Bureau of Licensing to indicate a facility’s authority to operate an Adult Residentially

Care Home/ Facility in compliance with the law.

Living Unit – an efficient, one or two-bedroom apartment or cottage that contains at a minimum a living/dining/bedroom area, kitchen/kitchenette, bathroom, and storage space. There shall be no more than two bedrooms to a living unit.

Neglect – the failure to provide food, shelter, clothing, medical or other health services, appropriate security, and supervision, or other personal services necessary for a resident’s well-being.

Personal Care Home – an Adult Residential Care Home/Facility that provides room and board and personal services, for compensation, to two (2) but not more than eight (8)residents in a congregate living and dining setting and is in a home that is designed like any another private dwelling in the neighborhood. For licensure, a Personal Care Home shall comply with licensing regulations established as core standards plus those in the personal care home module.

Personal Services – includes, but is not limited to, individual assistance with or supervision of one or more Activities of Daily Living or Instrumental Activities of Daily

Personnel – any person who in any manner serves or administers aid or assistance for the
facility to a resident.

Provider – the owner of a facility and the representatives, agents, and employees of the facility. If the owner is a closely-held corporation or a non-profit organization, “provider” includes the natural persons with actual ownership or control over the corporation and the
corporation’s officers, directors, and shareholders.

Representative – a person who voluntarily, with the resident’s written authorization, may act upon the resident’s direction regarding matters concerning the health and welfare of the resident, including having access to personal records contained in the resident’s file and receiving information and notices about the resident’s overall care and condition. No member of the governing body, administration, or staff of an adult residential facility or any member of their family may serve as the representative for a resident unless they are related to the resident by blood or marriage. In the case of an individual that has been interdicted, “representative” means the court-appointed curator or his designee.

Resident – an adult who resides in an adult residential care facility and receives lodging, meals, and at least one personal service.

Responsible Staff Person – the employee designated by the director to be responsible for supervising the operation of the facility during periods of temporary absence of the director.

Shelter Care Home – an Adult Residential Care Facility that provides room, board, and personal services, for compensation, to nine (9) or more residents in a congregate living and dining setting. For licensure, a Shelter Care Facility shall comply with licensing regulations established as core standards plus those in the shelter care home module.