Louisiana Revised Statutes 28:454.2 – System process; entry; support profile; support plan; transfer and discharge; follow-up; record
Terms Used In Louisiana Revised Statutes 28:454.2
- Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
- Determination: means determination of eligibility for entry into the system. See Louisiana Revised Statutes 28:451.2
- Developmental disabilities services: means programs, services, and supports for persons with developmental disabilities that include but are not limited to information and referral services, support coordination services, system entry services, development of the support profiles and plans, individual and family support services, living options, habilitation services, and vocational services. See Louisiana Revised Statutes 28:451.2
- Developmental disability: means either:
(a) A severe, chronic disability of a person that:
(i) Is attributable to an intellectual or physical impairment or combination of intellectual and physical impairments. See Louisiana Revised Statutes 28:451.2
- Diagnosis: means the art and science of determining the presence of disease in an individual and distinguishing one disease from another. See Louisiana Revised Statutes 28:2
- Discharge: means the full or conditional release from a treatment facility of any person admitted or otherwise detained under this Chapter. See Louisiana Revised Statutes 28:2
- Interdisciplinary review: means a review by a team of professionals for the purpose of determining the presence of a developmental disability as defined in this Chapter. See Louisiana Revised Statutes 28:451.2
- Most integrated setting: is a n environment that includes the full range of service and support options that reflect the desires and goals of the person and that address the needs of the person and which promotes the full participation in daily life and activities. See Louisiana Revised Statutes 28:451.2
- Person: means a person with a developmental disability. See Louisiana Revised Statutes 28:451.2
- Provider: means a person, partnership, corporation, state agency, or other entity that provides developmental disabilities services and receives either state or federal funds or both. See Louisiana Revised Statutes 28:451.2
- Services: means developmental disability services. See Louisiana Revised Statutes 28:451.2
- Substantial functional limitations: means documented evidence of limitations in present functioning considered within the context of community environments typical of the age, peers, and culture of the person. See Louisiana Revised Statutes 28:451.2
- Support plan: means an individualized plan that coordinates supports and services to assist the person in reaching his desired outcomes and reflects the vision, personal preferences, life goals, and diverse formal and informal support needs of the person. See Louisiana Revised Statutes 28:451.2
- Support profile: means a summary of identified supports or services that addresses the expressed needs and desires of the person and that is used in the development of the support plan for that person. See Louisiana Revised Statutes 28:451.2
- System: means the developmental disabilities services system. See Louisiana Revised Statutes 28:451.2
- Transfer: means the removal of a patient from one mental institution to another without any procedure for admission other than is prescribed by the department. See Louisiana Revised Statutes 28:2
A. Determination for entry into the system shall be made in accordance with the following:
(1) Referrals shall be received from a variety of sources for a determination for entry into the system.
(2) Standardized interviews and collection of information, including assessment of substantial functional limitations, necessary for determination for entry into the system and for the establishment of legal status shall be completed.
(3) A standardized determination for entry into the system, as established by a determination of the presence of a developmental disability as defined in this Chapter, shall be completed within forty-five days of receiving information necessary for making the determination.
(4) A needs-based assessment shall be completed for anyone who enters the developmental disabilities service system and he shall be informed of all service and support options for which he is criteria eligible. The individual providing the information shall not express a preference for a particular service option, but rather, within fifteen days of completion of the standardized determination, shall supply to the person a list of all options for which he is criteria eligible. Once a service option has been selected, the person shall be informed of all providers of that service. The individual providing the information shall not express a preference for a particular provider.
(5) The determination for persons receiving developmental disabilities services shall be reviewed at least every five years, unless the person has been given an approval by the office for entry into the system without periodic evaluations.
(6) A person who has been given a denial for entry into the system or a person who has withdrawn from the system may request a new determination at any time. No person shall be denied entrance into the system unless:
(a) The person has had the opportunity to have a face-to-face interview. If it is determined during the interview that the person does not have a diagnosis and evaluation, the office will provide for one.
(b) The person has been given notice of his right to submit information in support of a determination for entry into the system including an independent diagnosis and evaluation at his expense.
(c) There has been an interdisciplinary review of necessary information.
B.(1) The support profile and plan shall accomplish all of the following:
(a) Address the provision of individualized supports and services in the most integrated setting as determined by an individual assessment.
(b) Reflect the desires and goals of the person.
(c) Address the well-being, health, safety, and security unique to the individual.
(2) The support profile will be used in developing the support plan which will be implemented to the extent possible by the office and human services authorities and districts.
C. Transfer and discharge shall be made in accordance with the following:
(1) Consideration shall be given to all requests made to the office to transfer a person within or to discharge a person from the system.
(2) Such requests may be initiated by the person, the person’s legal representative, or the provider of services for the person in accordance with existing federal and state regulations or existing court orders.
D. A follow-up contact shall occur for the period of time as specified in state or federal regulations when the person chooses to leave the system.
E. Each person shall have a confidential record established and maintained by the provider in accordance with state and federal laws and regulations.
F. Implementation of the support plan shall include consideration of service settings that address the person’s chronological age, abilities, functional levels and safety needs along with desired personal outcomes and goals. Inclusive and safe interactions with persons in the environment shall be additional factors in the selection of the setting.
Acts 2005, No. 128, §1, eff. June 22, 2005.