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LAC 48:I.5039 — Service Delivery: Assessment of Needs and Service Agreement (HCBS Providers Licensing Standards)

LouisianaregulationLouisiana Department of Health· effective 2017-12-01

What this rule requires your agency to do

  • 1The assessment shall be conducted prior to admission and at least annually thereafter, and more often as the client's needs change (§I-5039.B.4).(LAC 48:I.5039 — Service Delivery: Assessment of Needs and Service Agreement (HCBS Providers Licensing Standards))
  • 2The provider shall complete a written service agreement, signed by all parties, prior to admission and maintain it in the client's record, available to the department, client, and legal representative on request (§I-5039.D.1).(LAC 48:I.5039 — Service Delivery: Assessment of Needs and Service Agreement (HCBS Providers Licensing Standards))
  • 3Before any service is rendered, the provider shall conduct a thorough assessment of the client's needs, including capacity to provide the care, and shall not admit a client for whom it lacks capacity to safely provide required services (§I-5039.B.1-2).(LAC 48:I.5039 — Service Delivery: Assessment of Needs and Service Agreement (HCBS Providers Licensing Standards))
  • 4The service agreement shall delineate the provider's roles and responsibilities, specify all services to be rendered, state the provider's expectations of the client, and specify financial arrangements including any client fees (§I-5039.D.2).(LAC 48:I.5039 — Service Delivery: Assessment of Needs and Service Agreement (HCBS Providers Licensing Standards))
  • 5The HCBS provider shall ensure the client receives the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and individual service plan (§I-5039.A).(LAC 48:I.5039 — Service Delivery: Assessment of Needs and Service Agreement (HCBS Providers Licensing Standards))
  • 6The assessment shall identify potential risks and address, at minimum, life safety (emergency access, transportation, evacuation), living environment, health conditions, functional capacity, and client financial health (§I-5039.B.3).(LAC 48:I.5039 — Service Delivery: Assessment of Needs and Service Agreement (HCBS Providers Licensing Standards))
  • 7If the client has an observable significant change in physical or mental status, the provider shall ensure it is immediately reported so the client receives timely needed medical attention from a licensed medical practitioner (§I-5039.B.6).(LAC 48:I.5039 — Service Delivery: Assessment of Needs and Service Agreement (HCBS Providers Licensing Standards))

Applies to: personal care

Requires HCBS providers (including personal care attendant agencies) to conduct a thorough needs and risk assessment before admission and at least annually, decline clients they cannot safely serve, report significant client status changes for prompt medical attention, and complete a signed written service agreement before admission. Fills the framework gaps for admission, assessment/service delivery, and records for personal care.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.