Louisiana § RS 28:454.2 - System process; entry; support profile; support plan; transfer and discharge; follow-up; record

§ RS 28:454.2. System process; entry; support profile; support plan; transfer and discharge; follow-up; record

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(6)  A person who has been given a denial for entry into the system or a person who has withdrawn from the system may request a new determination at any time.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.