LAC 48:I.9202. Introduction

A. The Department of Health (LDH) shall maintain a registry of individuals for whom specific findings of abuse, neglect, misappropriation, exploitation or extortion have been substantiated by the department, an administrative law judge, or a court of law. B. The Direct Service Worker Registry will contain the following items on each individual for whom a finding has been placed: 1. name; 2. address; 3. Social Security number; 4. an accurate summary of finding(s); and 5. information relative to registry status which will be available through procedures established by the Health Standards Section (HSS). C. Licensed and/or certified healthcare providers shall access the DSW registry and the Office of Inspector General’s (OIG) list of excluded individuals and entities (LEIE) prior to hire, and then monthly thereafter to determine if there is a finding that a prospective hire, or currently employed or contracted DSW, has been determined to have committed exploitation, extortion, abuse or neglect of an individual being supported, or misappropriated the individual’s property or funds. If there is such a finding on the DSW registry and/or the OIG’s LEIE, the prospective employee or contracted individual shall not be hired or contracted as a DSW nor shall a current employee or contracted individual continue to work as a DSW with the licensed and/or certified health care provider. 1. Access to the DSW registry and/or the OIG’s LEIE shall be limited to an inquiry for a specific DSW. D. All provisions of this Chapter, except Subchapter D, §§9241-9261, Medication Administration and Noncomplex Tasks in Home and Community-Based Settings, applies to any licensed and/or certified health care provider who employs or contracts direct service workers who provide personal care or other services and support to persons with disabilities or to the elderly to enhance their well-being, and who is involved in face-to-face direct contact with the person. 1. Exception. Home and community-based services providers are required to meet all provisions of this Chapter, inclusive of Subchapter D, §§9241-9261, if the HCBS provider employs or contracts direct service workers who perform medication administration and noncomplex medical tasks in the HCBS setting. E. The provisions of this Chapter shall apply to DSWs who are compensated, either by direct employment or through contract, regardless of the setting, and specifically do not apply to those DSWs listed on the Certified Nurse Aide Registry established under rules promulgated by the LDH.