New Orleans Senior AdvisorWhat rights does an ARCP resident have in Louisiana?
A written residency agreement, a person-centered service plan, a resident representative, protection of funds and property, a grievance process and freedom from chemical and physical restraints.
LDH's Health Standards Section enforces the rule; the ombudsman advocates for residents.
How much notice is required before a rate increase?
At least 30 days' written notice before any rate change in a Louisiana ARCP.
Keep every notice; it is the record an ombudsman or attorney will ask to see.
Can a Louisiana ARCP discharge a resident?
Only under the termination criteria in the residency agreement, and the resident can appeal an involuntary termination to the Division of Administrative Law within 30 calendar days of the written notice.
Call the ombudsman at (800) 833-9883 as soon as a discharge is proposed.
Can an ARCP use restraints?
No: chemical restraints are prohibited in Louisiana ARCPs, and a person whose condition requires chemical or physical restraints may not live in one.
A resident whose behavior cannot be managed without restraints usually needs a different setting.
Who is the ombudsman for New Orleans?
The long-term care ombudsman for the New Orleans region, sponsored by the Capital Area Agency on Aging, covers Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles, St. John and St. Tammany parishes at (800) 833-9883.
The State Long-Term Care Ombudsman is at (866) 632-0922.
Can family visit during a public health emergency?
Louisiana requires ARCPs to have written policies on visits by clergy and immediate family during a declared public health emergency, and to post them on their website within 24 hours if they have one.
Ask for the policy before you need it.
Where do I report a rights violation?
Report licensing violations to LDH's Health Standards Section at 1-888-810-1819, abuse of someone 60 or older to Elderly Protective Services at 1-833-577-6532, and ask the ombudsman for advocacy.
Call 911 if someone is in immediate danger.
Can a resident manage their own money in an ARCP?
Yes: residents keep control of their own funds unless they choose otherwise, and Louisiana's rule sets requirements for any personal funds an ARCP holds for a resident.
Ask for a written accounting of any money the provider holds, and ask how the provider would protect a resident from financial exploitation.
What is a resident representative?
A person the resident authorizes in writing to act on his or her direction about health and welfare, including access to records and notices about care.
Louisiana's rule bars ARCP staff and their families from serving as a resident's representative.
Can a resident file a grievance with the ARCP itself?
Yes: each ARCP must have a grievance process for residents and their representatives, and using it does not prevent a complaint to LDH or a call to the ombudsman.
Put grievances in writing and keep a copy.
