New Orleans Senior AdvisorWhat rights does an assisted living resident have in Louisiana?
Louisiana's ARCP rule gives residents a written residency agreement with clear criteria for admission, continued residency and termination, a person-centered service plan, the right to a resident representative, protection of personal funds and property, a grievance process, and freedom from chemical and physical restraints (LAC 48:I.6835-6861).
Residents also keep the ordinary rights of any adult: to manage their own affairs unless a court has said otherwise, to privacy, to visitors, and to make choices about daily life. LDH's Health Standards Section enforces the licensing rule, and the long-term care ombudsman program advocates for residents of ARCPs as well as nursing homes. The ombudsman's help is free and confidential.
How much notice must an ARCP give before raising the rate?
At least 30 days' written notice: Louisiana requires the residency agreement to include procedures for modifying it, including at least 30 days' prior written notice to the resident of any rate change (LAC 48:I.6837).
Rate notices often arrive with level-of-care changes, when a provider reassesses a resident and moves him or her to a higher service package. Ask how the service packages are priced, how often residents are reassessed, and whether the family is told before a reassessment changes the bill. Keep every notice; it is the record an ombudsman or attorney will ask for.
Can an assisted living provider in Louisiana evict a resident?
An ARCP may end a residency agreement only under the termination criteria in that agreement, and a resident can appeal an involuntary termination to the Division of Administrative Law; the request must be made within 30 calendar days of receiving the written notice (LAC 48:I.6837).
Common reasons include needs the ARCP cannot meet, a prohibited condition beyond the 90-day exception, non-payment, or behavior that endangers others. The notice must explain the appeal right and give contact information for the Division of Administrative Law. If a discharge is proposed, call the ombudsman at (800) 833-9883 the same day; ombudsmen regularly help residents negotiate a safer plan or more time.
What is a person-centered service plan?
It is the written plan, required for every Louisiana ARCP resident, describing the resident's functional abilities, the personal assistance he or she needs and the services the ARCP will provide; it is built from the pre-residency screening and updated as needs change (LAC 48:I.6803, 6835).
The plan is the document to read when something goes wrong. If your parent is supposed to be checked every two hours at night, or helped with a shower three times a week, the plan should say so. Ask for a copy, ask how often it is reviewed, and ask to be included in reviews if your parent wants you there.
Who can help a resident who feels their rights were violated?
The long-term care ombudsman for the New Orleans region, sponsored by the Capital Area Agency on Aging, at (800) 833-9883, handles complaints from residents of ARCPs and nursing homes for free; the state ombudsman office is at (866) 632-0922.
Licensing violations can also be reported to LDH's Health Standards Section at 1-888-810-1819. If money is going missing or someone is pressuring a resident, report it to Elderly Protective Services at 1-833-577-6532. The Governor's Office of Elderly Affairs funds legal assistance for older adults through parish councils on aging; call your parish council to ask.
At a glance
| A Louisiana ARCP resident has | A Louisiana ARCP resident does not have | |
|---|---|---|
| Notice | 30 days' written notice of a rate change | A guaranteed rate freeze |
| Discharge | A right to appeal within 30 days | A right to stay if needs exceed the license |
| Restraints | Freedom from chemical and physical restraints | A provider allowed to restrain for convenience |
| Advocacy | Free help from the ombudsman | An ombudsman who works for the provider |
Sources include LAC 48:I.Chapter 68 (adult residential care providers), the Louisiana Department of Health's Health Standards Section and Office of Aging and Adult Services pages, the Governor's Office of Elderly Affairs, CareScout and VA rate tables as cited above; see our editorial standards.
