Tenn. Code Ann. § 52-2-1002 — TN Code / Title 52 / Chapter 2 / Section 52-2-1002
Background checks
Status: in_force

(a) Each facility or entity providing a service licensed under this title, each area agency on aging, and each facility or entity that is a contractor, grantee, or subcontractor with the state or the state's agents for services provided by the department's division of the commission on aging and disability shall have a criminal background check completed on any employee, subcontractor, or volunteer who is in a position that involves providing direct contact with or direct responsibility for persons supported. The background check must be completed before allowing the person to have any direct contact with or direct responsibility for persons supported. (b) For purposes of this section: (1) An employee, subcontractor, or volunteer is considered to be in a position that involves "direct contact" with a person supported if the employee, subcontractor, or volunteer is supporting the person in the performance of personal care duties or assistance with activities of daily living for the person receiving services; and (2) An employee, subcontractor, or volunteer is considered to be in a position that involves "direct responsibility" for a person supported if the employee, subcontractor, or volunteer either has responsibility for the person receiving services or supervisory authority for staff having direct contact with a person receiving services. (c) Persons applying for employment shall: (1) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or (2) Release information for a criminal background investigation by a state-licensed private investigation company. (d) (1) The facility or entity, at a minimum, shall attempt to communicate directly with the most recent employer. (2) Subsections (a) and (e) do not apply to facilities or entities that contract with the state or its agents for residential services, day services, or supported employment services, and such facilities or entities shall comply with subsection (f). (3) The organization shall check the registry maintained by the health facilities commission pursuant to § 68-11-1001 prior to employment of applicants or their use as a volunteer in the organization. An individual who is listed on the registry must not be hired or otherwise permitted to provide services in the organization. (e) Any cost incurred by the Tennessee bureau of investigation, the federal bureau of investigation, or a state-licensed private investigation company must be paid by the organization requesting the investigation and information. If the background check is conducted by the Tennessee bureau of investigation or the federal bureau of investigation, then the payment of the costs must be made in the amounts established by § 38-6-103 . (f) (1) Notwithstanding subsection (b), only with respect to facilities or entities that contract with the state or its agents for residential services, day services, or supported employment services, each such facility or entity shall have a criminal background check completed prior to employing any person who is in a position that involves providing direct care to a person supported. If a current employee of such facility or entity has a change of responsibilities that includes direct contact with, or direct responsibility for a person supported, then the facility or entity must have a criminal background check completed prior to such change. The facility or entity shall inform the employee that it will conduct a background check. The employee shall: (A) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or (B) Release information for a criminal background investigation by a state-licensed private investigation company. (2) A facility or entity that contracts with the state or its agent for residential services, day services, or supported employment services shall communicate directly with the most recent employer. Prior to employment, the facility or entity shall submit the information required to be provided by this subsection (f) to the entity that will conduct the criminal background check. (3) A facility or entity that contracts with the state or its agent shall check the registry maintained by the health facilities commission, pursuant to § 68-11-1001 , prior to employment of applicants or their use as volunteers in the organization. An individual who is listed on the registry must not be hired or otherwise permitted to provide services in the organization. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Each facility or entity providing a service licensed under this title, each area agency on aging, and each facility or entity that is a contractor, grantee, or subcontractor with the state or the state's agents for services provided by the department's division of the commission on aging and disability shall have a criminal background check completed on any employee, subcontractor, or volunteer who is in a position that involves providing direct contact with or direct responsibility for persons supported. The background check must be completed before allowing the person to have any direct contact with or direct responsibility for persons supported.
(b) For purposes of this section: (1) An employee, subcontractor, or volunteer is considered to be in a position that involves "direct contact" with a person supported if the employee, subcontractor, or volunteer is supporting the person in the performance of personal care duties or assistance with activities of daily living for the person receiving services; and (2) An employee, subcontractor, or volunteer is considered to be in a position that involves "direct responsibility" for a person supported if the employee, subcontractor, or volunteer either has responsibility for the person receiving services or supervisory authority for staff having direct contact with a person receiving services.
(1) An employee, subcontractor, or volunteer is considered to be in a position that involves "direct contact" with a person supported if the employee, subcontractor, or volunteer is supporting the person in the performance of personal care duties or assistance with activities of daily living for the person receiving services; and
(2) An employee, subcontractor, or volunteer is considered to be in a position that involves "direct responsibility" for a person supported if the employee, subcontractor, or volunteer either has responsibility for the person receiving services or supervisory authority for staff having direct contact with a person receiving services.
(c) Persons applying for employment shall: (1) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or (2) Release information for a criminal background investigation by a state-licensed private investigation company.
(1) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or
(2) Release information for a criminal background investigation by a state-licensed private investigation company.
(d) (1) The facility or entity, at a minimum, shall attempt to communicate directly with the most recent employer. (2) Subsections (a) and (e) do not apply to facilities or entities that contract with the state or its agents for residential services, day services, or supported employment services, and such facilities or entities shall comply with subsection (f). (3) The organization shall check the registry maintained by the health facilities commission pursuant to § 68-11-1001 prior to employment of applicants or their use as a volunteer in the organization. An individual who is listed on the registry must not be hired or otherwise permitted to provide services in the organization.
(1) The facility or entity, at a minimum, shall attempt to communicate directly with the most recent employer.
(2) Subsections (a) and (e) do not apply to facilities or entities that contract with the state or its agents for residential services, day services, or supported employment services, and such facilities or entities shall comply with subsection (f).
(3) The organization shall check the registry maintained by the health facilities commission pursuant to § 68-11-1001 prior to employment of applicants or their use as a volunteer in the organization. An individual who is listed on the registry must not be hired or otherwise permitted to provide services in the organization.
(e) Any cost incurred by the Tennessee bureau of investigation, the federal bureau of investigation, or a state-licensed private investigation company must be paid by the organization requesting the investigation and information. If the background check is conducted by the Tennessee bureau of investigation or the federal bureau of investigation, then the payment of the costs must be made in the amounts established by § 38-6-103 .
(f) (1) Notwithstanding subsection (b), only with respect to facilities or entities that contract with the state or its agents for residential services, day services, or supported employment services, each such facility or entity shall have a criminal background check completed prior to employing any person who is in a position that involves providing direct care to a person supported. If a current employee of such facility or entity has a change of responsibilities that includes direct contact with, or direct responsibility for a person supported, then the facility or entity must have a criminal background check completed prior to such change. The facility or entity shall inform the employee that it will conduct a background check. The employee shall: (A) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or (B) Release information for a criminal background investigation by a state-licensed private investigation company. (2) A facility or entity that contracts with the state or its agent for residential services, day services, or supported employment services shall communicate directly with the most recent employer. Prior to employment, the facility or entity shall submit the information required to be provided by this subsection (f) to the entity that will conduct the criminal background check. (3) A facility or entity that contracts with the state or its agent shall check the registry maintained by the health facilities commission, pursuant to § 68-11-1001 , prior to employment of applicants or their use as volunteers in the organization. An individual who is listed on the registry must not be hired or otherwise permitted to provide services in the organization.
(1) Notwithstanding subsection (b), only with respect to facilities or entities that contract with the state or its agents for residential services, day services, or supported employment services, each such facility or entity shall have a criminal background check completed prior to employing any person who is in a position that involves providing direct care to a person supported. If a current employee of such facility or entity has a change of responsibilities that includes direct contact with, or direct responsibility for a person supported, then the facility or entity must have a criminal background check completed prior to such change. The facility or entity shall inform the employee that it will conduct a background check. The employee shall: (A) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or (B) Release information for a criminal background investigation by a state-licensed private investigation company.
(A) Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or
(B) Release information for a criminal background investigation by a state-licensed private investigation company.
(2) A facility or entity that contracts with the state or its agent for residential services, day services, or supported employment services shall communicate directly with the most recent employer. Prior to employment, the facility or entity shall submit the information required to be provided by this subsection (f) to the entity that will conduct the criminal background check.
(3) A facility or entity that contracts with the state or its agent shall check the registry maintained by the health facilities commission, pursuant to § 68-11-1001 , prior to employment of applicants or their use as volunteers in the organization. An individual who is listed on the registry must not be hired or otherwise permitted to provide services in the organization.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-202 — TN Code / Title 52 / Chapter 8 / Section 52-8-202
Department powers and duties
Status: in_force

(a) The department shall: (1) Designate planning and service areas and area agencies on aging in accordance with the Older Americans Act. The department shall review and amend the boundaries of the planning and service areas as necessary to comply with the Older Americans Act or to reflect changes in governmental boundaries or major changes in population distribution; (2) Develop and periodically update, as required under the Older Americans Act, a plan for state programs, services, and activities for older persons; (3) Publish a report and analysis of the waitlist for the state options program pertaining to older persons; furnish the report to the governor and members of the general assembly no later than January 15 of each year; and, upon approval of the governor, further distribute copies of the report as considered proper by the commissioner; (4) Conduct evaluations, prepare reports, and publish reports in accordance with the requirements in the Older Americans Act; (5) Receive the cooperation of other state departments and agencies in carrying out the policies and objectives of this part; (6) Make available to older persons information concerning the nutritional benefits of eating garden produce to promote participation by older persons in community gardens, as defined in § 43-24-102 ; and (7) Operate an outreach and counseling program through the state health insurance assistance program (SHIP) to provide state residents with information, education, and counseling regarding medicare; TennCare; medicare supplement insurance; enrollment in the medicare prescription drug plan (Part D) and the accompanying low-income subsidy; finding help with the cost of prescription drugs during coverage gaps and access to drugs not covered under Part D; medicare advantage options; long-term care planning and insurance; claims and billing resolution, information, and referral on public benefit programs; employer and retiree health insurance options for those with medicare and veterans benefits; and other military health insurance for those with medicare. (b) Outreach under subdivision (a)(7) must include: (1) Assistance for medicare-eligible persons in processing the necessary documents in order to participate in the programs; (2) A toll-free number staffed during business hours to provide information regarding the programs; (3) A website or referral to website links that provide information regarding the programs; and (4) Presentations to senior groups regarding the availability of the programs. (c) The department: (1) Shall implement the outreach program within available resources; (2) May apply for grants to fund programs under this subsection (a); (3) May delegate responsibilities to a contractor; and (4) May promulgate rules to implement the program, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 2. (d) This part and the Long-Term Care Community Choices Act of 2008, compiled in title 71, chapter 5, part 14, does not authorize the department or the commission to exercise any control or authority over any aspect of the administration of programs for home- and community-based long-term care services that were operating on the basis of federal waivers in effect on June 19, 2001. (e) In addition to the powers, responsibilities, or duties granted to the department in this part, the department may promulgate, amend, revise, and rescind such rules as are necessary and appropriate to carry out this part in accordance with the Uniform Administrative Procedures Act, including rules necessary for the proper management and oversight of the home- and community-based options program. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall: (1) Designate planning and service areas and area agencies on aging in accordance with the Older Americans Act. The department shall review and amend the boundaries of the planning and service areas as necessary to comply with the Older Americans Act or to reflect changes in governmental boundaries or major changes in population distribution; (2) Develop and periodically update, as required under the Older Americans Act, a plan for state programs, services, and activities for older persons; (3) Publish a report and analysis of the waitlist for the state options program pertaining to older persons; furnish the report to the governor and members of the general assembly no later than January 15 of each year; and, upon approval of the governor, further distribute copies of the report as considered proper by the commissioner; (4) Conduct evaluations, prepare reports, and publish reports in accordance with the requirements in the Older Americans Act; (5) Receive the cooperation of other state departments and agencies in carrying out the policies and objectives of this part; (6) Make available to older persons information concerning the nutritional benefits of eating garden produce to promote participation by older persons in community gardens, as defined in § 43-24-102 ; and (7) Operate an outreach and counseling program through the state health insurance assistance program (SHIP) to provide state residents with information, education, and counseling regarding medicare; TennCare; medicare supplement insurance; enrollment in the medicare prescription drug plan (Part D) and the accompanying low-income subsidy; finding help with the cost of prescription drugs during coverage gaps and access to drugs not covered under Part D; medicare advantage options; long-term care planning and insurance; claims and billing resolution, information, and referral on public benefit programs; employer and retiree health insurance options for those with medicare and veterans benefits; and other military health insurance for those with medicare.
(1) Designate planning and service areas and area agencies on aging in accordance with the Older Americans Act. The department shall review and amend the boundaries of the planning and service areas as necessary to comply with the Older Americans Act or to reflect changes in governmental boundaries or major changes in population distribution;
(2) Develop and periodically update, as required under the Older Americans Act, a plan for state programs, services, and activities for older persons;
(3) Publish a report and analysis of the waitlist for the state options program pertaining to older persons; furnish the report to the governor and members of the general assembly no later than January 15 of each year; and, upon approval of the governor, further distribute copies of the report as considered proper by the commissioner;
(4) Conduct evaluations, prepare reports, and publish reports in accordance with the requirements in the Older Americans Act;
(5) Receive the cooperation of other state departments and agencies in carrying out the policies and objectives of this part;
(6) Make available to older persons information concerning the nutritional benefits of eating garden produce to promote participation by older persons in community gardens, as defined in § 43-24-102 ; and
(7) Operate an outreach and counseling program through the state health insurance assistance program (SHIP) to provide state residents with information, education, and counseling regarding medicare; TennCare; medicare supplement insurance; enrollment in the medicare prescription drug plan (Part D) and the accompanying low-income subsidy; finding help with the cost of prescription drugs during coverage gaps and access to drugs not covered under Part D; medicare advantage options; long-term care planning and insurance; claims and billing resolution, information, and referral on public benefit programs; employer and retiree health insurance options for those with medicare and veterans benefits; and other military health insurance for those with medicare.
(b) Outreach under subdivision (a)(7) must include: (1) Assistance for medicare-eligible persons in processing the necessary documents in order to participate in the programs; (2) A toll-free number staffed during business hours to provide information regarding the programs; (3) A website or referral to website links that provide information regarding the programs; and (4) Presentations to senior groups regarding the availability of the programs.
(1) Assistance for medicare-eligible persons in processing the necessary documents in order to participate in the programs;
(2) A toll-free number staffed during business hours to provide information regarding the programs;
(3) A website or referral to website links that provide information regarding the programs; and
(4) Presentations to senior groups regarding the availability of the programs.
(c) The department: (1) Shall implement the outreach program within available resources; (2) May apply for grants to fund programs under this subsection (a); (3) May delegate responsibilities to a contractor; and (4) May promulgate rules to implement the program, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 2.
(1) Shall implement the outreach program within available resources;
(2) May apply for grants to fund programs under this subsection (a);
(3) May delegate responsibilities to a contractor; and
(4) May promulgate rules to implement the program, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 2.
(d) This part and the Long-Term Care Community Choices Act of 2008, compiled in title 71, chapter 5, part 14, does not authorize the department or the commission to exercise any control or authority over any aspect of the administration of programs for home- and community-based long-term care services that were operating on the basis of federal waivers in effect on June 19, 2001.
(e) In addition to the powers, responsibilities, or duties granted to the department in this part, the department may promulgate, amend, revise, and rescind such rules as are necessary and appropriate to carry out this part in accordance with the Uniform Administrative Procedures Act, including rules necessary for the proper management and oversight of the home- and community-based options program.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-212 — TN Code / Title 52 / Chapter 5 / Section 52-5-212
Persons with developmental disabilities other than intellectual disabilities - Services needed - Information provided to the department
Status: in_force

In accordance with policies and procedures developed and adopted by the state family support council and the department, information gathered through the family support program on persons with a developmental disability, other than an intellectual disability, for whom services are needed must be provided to the department on at least a quarterly basis. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
In accordance with policies and procedures developed and adopted by the state family support council and the department, information gathered through the family support program on persons with a developmental disability, other than an intellectual disability, for whom services are needed must be provided to the department on at least a quarterly basis.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-107 — TN Code / Title 52 / Chapter 5 / Section 52-5-107
Medical assistance programs - State-funded programs - Eligibility criteria - Establishment
Status: in_force

(a) Notwithstanding any state law to the contrary, eligibility criteria for medical assistance programs and services pursuant to title 71, chapter 5, for persons with an intellectual or developmental disability must be established by the bureau of TennCare, and set forth in the medicaid state plan and federal waivers, or in rules promulgated by the bureau of TennCare, and are subject to the availability of funding in each year's general appropriations act. (b) Notwithstanding any state law to the contrary, eligibility criteria for state-funded programs and services for persons with an intellectual or developmental disability must be established by the department and subject to the availability of funding in each year's general appropriations act. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Notwithstanding any state law to the contrary, eligibility criteria for medical assistance programs and services pursuant to title 71, chapter 5, for persons with an intellectual or developmental disability must be established by the bureau of TennCare, and set forth in the medicaid state plan and federal waivers, or in rules promulgated by the bureau of TennCare, and are subject to the availability of funding in each year's general appropriations act.
(b) Notwithstanding any state law to the contrary, eligibility criteria for state-funded programs and services for persons with an intellectual or developmental disability must be established by the department and subject to the availability of funding in each year's general appropriations act.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-601 — TN Code / Title 52 / Chapter 5 / Section 52-5-601
Creation - Members - Appointment and removal - Terms
Status: in_force

(a) There is created the statewide planning and policy council for the department to assist in planning a comprehensive array of high-quality prevention, early intervention, treatment, and habilitation services and supports and to advise the department on policy, budget requests, and developing and evaluating services and supports. (b) (1) The statewide planning and policy council must be composed of not less than eleven (11) members, not including ex officio members. The governor shall appoint the chair of the council. The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator as a member of the council. The commissioner shall serve, ex officio, as secretary to the council and, if the chair is not present at a meeting, shall designate a member to serve as chair for the meeting. The governor is an ex officio member of the council and may appoint representatives of state agencies as ex officio members of the council. The governor shall appoint one (1) at-large representative. (2) The commissioner shall appoint five (5) members, two (2) of whom must be persons supported or family members of persons supported, one (1) must be a representative for children, one (1) must be an intellectual and developmental disability service provider, and one (1) must represent others affected by intellectual and developmental disability issues. Additionally, the commissioner shall appoint one (1) representative for older persons supported and at least one (1) at-large representative. (3) At least a majority of the council's membership must consist of current or former persons supported and family members of persons supported. (c) The members of the statewide planning and policy council receive no compensation. (d) The statewide planning and policy council shall meet quarterly at a place designated by the chair and may meet more often upon the call of the chair or a majority of the members. (e) Terms on the council are three (3) years, except that the chair and members appointed by the speakers have terms of two (2) years. (f) The appointing authority may remove a member for failure to attend at least one-half (1/2) of the scheduled meetings in any one-year period or for other good cause. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) There is created the statewide planning and policy council for the department to assist in planning a comprehensive array of high-quality prevention, early intervention, treatment, and habilitation services and supports and to advise the department on policy, budget requests, and developing and evaluating services and supports.
(b) (1) The statewide planning and policy council must be composed of not less than eleven (11) members, not including ex officio members. The governor shall appoint the chair of the council. The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator as a member of the council. The commissioner shall serve, ex officio, as secretary to the council and, if the chair is not present at a meeting, shall designate a member to serve as chair for the meeting. The governor is an ex officio member of the council and may appoint representatives of state agencies as ex officio members of the council. The governor shall appoint one (1) at-large representative. (2) The commissioner shall appoint five (5) members, two (2) of whom must be persons supported or family members of persons supported, one (1) must be a representative for children, one (1) must be an intellectual and developmental disability service provider, and one (1) must represent others affected by intellectual and developmental disability issues. Additionally, the commissioner shall appoint one (1) representative for older persons supported and at least one (1) at-large representative. (3) At least a majority of the council's membership must consist of current or former persons supported and family members of persons supported.
(1) The statewide planning and policy council must be composed of not less than eleven (11) members, not including ex officio members. The governor shall appoint the chair of the council. The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator as a member of the council. The commissioner shall serve, ex officio, as secretary to the council and, if the chair is not present at a meeting, shall designate a member to serve as chair for the meeting. The governor is an ex officio member of the council and may appoint representatives of state agencies as ex officio members of the council. The governor shall appoint one (1) at-large representative.
(2) The commissioner shall appoint five (5) members, two (2) of whom must be persons supported or family members of persons supported, one (1) must be a representative for children, one (1) must be an intellectual and developmental disability service provider, and one (1) must represent others affected by intellectual and developmental disability issues. Additionally, the commissioner shall appoint one (1) representative for older persons supported and at least one (1) at-large representative.
(3) At least a majority of the council's membership must consist of current or former persons supported and family members of persons supported.
(c) The members of the statewide planning and policy council receive no compensation.
(d) The statewide planning and policy council shall meet quarterly at a place designated by the chair and may meet more often upon the call of the chair or a majority of the members.
(e) Terms on the council are three (3) years, except that the chair and members appointed by the speakers have terms of two (2) years.
(f) The appointing authority may remove a member for failure to attend at least one-half (1/2) of the scheduled meetings in any one-year period or for other good cause.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-106 — TN Code / Title 52 / Chapter 3 / Section 52-3-106
Federally mandated protection and advocacy agency - Organization paying for treatment - Disclosure of information
Status: in_force

(a) If the head of the federally mandated protection and advocacy agency for persons with an intellectual or developmental disability, or the designated representative of the agency head, requests disclosure of information protected by § 52-3-103 and specifies the personally identifiable person supported information sought and the federally mandated function for which it is required, then the information may be disclosed to the agency without consent. The disclosure of information must be made solely for use in connection with the federally mandated function. The disclosures are subject to federal confidentiality laws, including the requirement that there be no further disclosure of the personally identifiable information by the agency without consent of the person supported or, as appropriate, the conservator of the person supported, or the parent's or legal guardian's consent in the case of a child. The service provider shall notify the person supported or, as appropriate, the conservator of the person supported, or the person supported's parent or legal guardian in the case of a child, of the disclosure. All public and private service providers shall cooperate with the agency in responding to requests, including, but not limited to, those made under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. §§ 15001 et seq.); the Protection and Advocacy for Mentally Ill Individuals (PAMII) Act of 1986 ( 42 U.S.C. § 10801 et seq.); and the Protection and Advocacy for Individual Rights Act ( 29 U.S.C. § 794e ). (b) If an organization pays for a service provider's service to a person supported, then the service provider may disclose to the organization without the person supported's consent only such information about the person supported as is reasonably necessary to obtain timely payment. Disclosures are on the condition that there be no further disclosure of the personally identifiable information by the agency without the person supported's consent. (c) If the department determines that an emergency substantially impairs a provider's capacity to provide service to its persons supported and the department appoints a receiver for person supported information, then the person supported's information may be transferred to a new service provider without the person supported's consent. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If the head of the federally mandated protection and advocacy agency for persons with an intellectual or developmental disability, or the designated representative of the agency head, requests disclosure of information protected by § 52-3-103 and specifies the personally identifiable person supported information sought and the federally mandated function for which it is required, then the information may be disclosed to the agency without consent. The disclosure of information must be made solely for use in connection with the federally mandated function. The disclosures are subject to federal confidentiality laws, including the requirement that there be no further disclosure of the personally identifiable information by the agency without consent of the person supported or, as appropriate, the conservator of the person supported, or the parent's or legal guardian's consent in the case of a child. The service provider shall notify the person supported or, as appropriate, the conservator of the person supported, or the person supported's parent or legal guardian in the case of a child, of the disclosure. All public and private service providers shall cooperate with the agency in responding to requests, including, but not limited to, those made under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. §§ 15001 et seq.); the Protection and Advocacy for Mentally Ill Individuals (PAMII) Act of 1986 ( 42 U.S.C. § 10801 et seq.); and the Protection and Advocacy for Individual Rights Act ( 29 U.S.C. § 794e ).
(b) If an organization pays for a service provider's service to a person supported, then the service provider may disclose to the organization without the person supported's consent only such information about the person supported as is reasonably necessary to obtain timely payment. Disclosures are on the condition that there be no further disclosure of the personally identifiable information by the agency without the person supported's consent.
(c) If the department determines that an emergency substantially impairs a provider's capacity to provide service to its persons supported and the department appoints a receiver for person supported information, then the person supported's information may be transferred to a new service provider without the person supported's consent.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-1-106 — TN Code / Title 52 / Chapter 1 / Section 52-1-106
Interagency agreements
Status: in_force

(a) The commissioner may develop and enter into interagency agreements on services and supports for individuals with a disability or for older persons to: (1) Assure accountability for services and supports across all agencies providing services and supports for a person or family whose service is covered by this title; (2) Clarify responsibilities for the department's service system; (3) Promote problem resolution at the local levels; (4) Promote interagency service needs assessment and planning; (5) Provide a vehicle for interagency policy development without interfering with agency independence; (6) Promote creation and maintenance of coordinated service systems for persons supported and their families; (7) Provide for interrelated service planning across agency lines; (8) Promote inclusion of disability and aging issues in crisis and disaster planning; and (9) Enhance the efficiency and effectiveness of expenditure of public funds. (b) All state agencies shall cooperate with the department in the development of agreements under this section. (c) An agreement entered into under this section must include the intersection of services and supports among all state agencies that have any responsibility for mental health, developmental disabilities, alcohol dependence, drug dependence, education, health, social services, housing, transportation, employment, justice, habilitation, rehabilitation, correction, or public funding of services and supports; transition between services to different age groups; information sharing, including records, data, and service; and interagency training. (d) An agreement entered into under this section must include the goals and expected outcomes against which progress will be measured; eligible populations; role responsibilities; covered services and supports; procedures for coordination, including local level implementation procedures; joint monitoring; data sharing; and how conflict resolution is achieved. (e) The commissioner may develop and enter into similar interagency agreements with local government agencies. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The commissioner may develop and enter into interagency agreements on services and supports for individuals with a disability or for older persons to: (1) Assure accountability for services and supports across all agencies providing services and supports for a person or family whose service is covered by this title; (2) Clarify responsibilities for the department's service system; (3) Promote problem resolution at the local levels; (4) Promote interagency service needs assessment and planning; (5) Provide a vehicle for interagency policy development without interfering with agency independence; (6) Promote creation and maintenance of coordinated service systems for persons supported and their families; (7) Provide for interrelated service planning across agency lines; (8) Promote inclusion of disability and aging issues in crisis and disaster planning; and (9) Enhance the efficiency and effectiveness of expenditure of public funds.
(1) Assure accountability for services and supports across all agencies providing services and supports for a person or family whose service is covered by this title;
(2) Clarify responsibilities for the department's service system;
(3) Promote problem resolution at the local levels;
(4) Promote interagency service needs assessment and planning;
(5) Provide a vehicle for interagency policy development without interfering with agency independence;
(6) Promote creation and maintenance of coordinated service systems for persons supported and their families;
(7) Provide for interrelated service planning across agency lines;
(8) Promote inclusion of disability and aging issues in crisis and disaster planning; and
(9) Enhance the efficiency and effectiveness of expenditure of public funds.
(b) All state agencies shall cooperate with the department in the development of agreements under this section.
(c) An agreement entered into under this section must include the intersection of services and supports among all state agencies that have any responsibility for mental health, developmental disabilities, alcohol dependence, drug dependence, education, health, social services, housing, transportation, employment, justice, habilitation, rehabilitation, correction, or public funding of services and supports; transition between services to different age groups; information sharing, including records, data, and service; and interagency training.
(d) An agreement entered into under this section must include the goals and expected outcomes against which progress will be measured; eligible populations; role responsibilities; covered services and supports; procedures for coordination, including local level implementation procedures; joint monitoring; data sharing; and how conflict resolution is achieved.
(e) The commissioner may develop and enter into similar interagency agreements with local government agencies.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-418 — TN Code / Title 52 / Chapter 2 / Section 52-2-418
Residential facilities - Licensure
Status: in_force

(a) Except as provided in subsection (d), any residential facility that houses persons with an intellectual or developmental disability and is required by law to be licensed by the department shall not receive a license if the facility houses more than four (4) persons served and was not licensed on June 23, 2000. The department shall not license more than two (2) such residential facilities within five hundred yards (500 yds.) in any direction from other such facilities housing persons served. All set-back requirements applicable to lots where such facilities are located apply to such residential facilities. (b) This section does not apply to: (1) Housing for persons with mental illness or serious emotional disturbance; (2) Housing for residents on property owned or leased by the state or a corporation that provides that housing if the property was recorded in the corporate or state name before January 1, 1989; (3) Housing for persons supported when the commissioner authorizes the transfer of a license at the same site to a successor provider, only if the license holder's contract with the state or its agent is terminated, the transfer of license is necessary to sustain the quality of life of the persons supported, and the successor provider does not increase the number of persons supported at the site; or (4) Housing for persons on a temporary or transitional basis, such as boarding facilities provided by residential schools or facilities providing services through a specialized court program addressing the needs of individuals both in court custody and dually diagnosed with an intellectual or developmental disability and a mental illness. (c) Notwithstanding any law or rule to the contrary, a residential facility or provider licensed by the department to provide residential services to persons with an intellectual or developmental disability is not prohibited from providing residential services to the elderly or adults with physical disabilities, so long as the services are adequate to ensure the health, safety, and welfare of each resident. (d) (1) The department shall administer a residential pilot program which meets the eligibility criteria set forth in this subsection (d) and operates under applicable existing department rules. One (1) pilot participant must be located in the western grand division, as described in § 4-1-204 , and one (1) pilot participant must be located in the middle grand division, as described in § 4-1-203 . Subsection (a) does not apply to a pilot participant. (2) To be eligible to be a participant in the pilot program, the participant shall not accept reimbursement for its services from any federal healthcare program established pursuant to Title XVIII of the Social Security Act, as amended ( 42 U.S.C. §§ 1395 - 1395ll l), commonly referred to as medicare, or from any state healthcare program that receives funding pursuant to Tile XIX of the Social Security Act ( 42 U.S.C. § 1396 -1996w ) as amended, or Title XXI of the Social Security Act ( 42 U.S.C. §§ 1397aa - 1397mm ), as amended, commonly referred to as medicaid. (3) (A) To be eligible to participate in the pilot program in the middle grand division, a participant must: (i) Possess a license issued by the department to operate an existing residential home, which must be located on property: (a) In a county having a population of not less than two hundred forty-seven thousand seven hundred (247,700) nor more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or a subsequent federal census; (b) Owned by the participant; and (c) That consists of no less than one hundred (100) acres; (ii) Operate the pilot program on the same property as the existing residential home; (iii) Offer residential services for no more than sixty-six (66) additional adults with intellectual and developmental disabilities; (iv) Foster an inclusive community by making available additional homes on the property for adults of all abilities equal to twenty-five percent (25%) of homes on the property; and (v) Be recognized by the internal revenue service as an entity that is tax exempt pursuant to § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), as amended. (B) To be eligible to participate in the pilot program in the western grand division, a participant must: (i) Utilize a site for the pilot program that: (a) Is located within the boundary of the largest municipality in a county having a population of not less than nine hundred twenty-nine thousand (929,000) nor more than nine hundred thirty thousand (930,000), according to the 2020 federal census or a subsequent federal census; (b) Consists of no less than three (3) acres; (c) Offer residential services for no more than twenty-four (24) adults with intellectual and developmental disabilities in the same community, which includes adjacent properties, as adults who reside in an existing independent living, licensed assisted-care living, or licensed nursing home community; and (d) Maintains occupancy levels in the community, which includes adjacent properties, of at least twenty-five percent (25%) of residents who are adults who are eligible to live in an assisted-care living facility or independent living facility; and (ii) Be recognized by the internal revenue service as an entity that is tax exempt pursuant to § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), as amended. (4) Each pilot program participant may operate a residence for persons with intellectual or developmental disabilities, if: (A) Each building containing housing units complies with the following: (i) The building contains at least one (1) bedroom for residents and is no more than two (2) stories; (ii) No more than two (2) residents occupy any one (1) bedroom, as appropriate, based on the resident's preferences and individualized support plan; (iii) Bedrooms are no less than one hundred twenty-five square feet (125 sq. ft.) if occupied by one (1) resident, and no less than two hundred eighty square feet (280 sq. ft.) if occupied by two (2) residents; (iv) Each bedroom is adjacent to, or across the hallway from, a full bathroom facility; (v) Each full bathroom contains a shower, a sink, and a toilet; (vi) No more than two (2) bedrooms share any one (1) bathroom facility; (vii) The building contains at least one (1) separate bedroom and bathroom for use by supervising adults as needed based on the person's individualized support plan; and (viii) Each building may house no more than eight (8) individuals with intellectual and developmental disabilities; (B) The building, or if the property contains more than one (1) building, the community, has at least one hundred square feet (100 sq. ft.) of interior common area for each resident. A common area includes, but is not limited to, kitchen, laundry, living rooms, community areas, game rooms, and other common areas for use by residents. If the community consists of more than one (1) building containing housing units, the common areas may be located in one (1) or more buildings connected to the other buildings containing housing units by enclosed hallways, sidewalks or walkways, tunnels or bridges, or other methods permitted by applicable building codes; (C) The participant regularly provides residents with exposure to inclusive opportunities, based on the person's preferences and individualized support plan; (D) The participant provides residents with inclusive opportunities, based on the person's preferences and individualized support plan, that include, but are not limited to, vocational opportunities, recreation, education, and transportation options that are conducted outside of the community and that involve a significant number of persons who are not residents of the community; (E) The participant provides meals or a dietary program for residents that can be tailored to the person's individualized support plan, including protecting the person's autonomy to choose their meal schedule and individualized dietary restrictions, as applicable; (F) The participant assists residents in the development of an individualized support plan; and (G) The number of housing units contained in any one (1) building does not exceed the number of housing units permitted by applicable zoning requirements. (5) The department shall accept applications for participation in each pilot program beginning July 1, 2024. Applications must be received on or before March 31, 2025. The department shall approve any application for participation in the pilot program that satisfies the requirements of subdivisions (d)(2)-(4) within thirty (30) days of receipt of the application. If an applicant proposes to build facilities in order to participate in the pilot program, then the applicant must complete the facilities necessary to participate in the pilot program on or before June 30, 2028. All pilot participants shall comply with the applicable requirements for licensure for services or facilities, as the case may be, prior to accepting residents. (6) No later than July 1 each year, each pilot participant shall provide the department with the following information: (A) The number of residents who participate in the pilot program at such participant's location; (B) The number of residents meeting any goals established for the resident as part of the resident's individualized support plan; (C) Data collected from the National Core Indicators or other nationally recognized survey instruments; and (D) Data collected from a survey of therapists and other third-party healthcare providers who provide services to residents to gauge satisfaction with the program and to obtain suggestions for ways to improve the program. (7) Based on the information provided to the department pursuant to subdivision (d)(6), the department shall submit a report on the outcomes of the pilot program to the health and welfare committee of the senate, the health committee of the house of representatives, and the legislative librarian no later than July 31, 2026, and annually no later than July 31 of each year through July 31, 2031. (8) It being the intent of the general assembly that there be one (1) pilot program participant in the western grand division and one (1) pilot program participant in the middle grand division, the department shall not: (A) Authorize a residential pilot program other than the residential pilot program created by this subsection (d); or (B) Expand the number of participants in the residential pilot program created by this subsection (d). (9) The residential pilot program created by this subsection (d) becomes a permanent program on January 1, 2032. Amended by 2024 Tenn. Acts, ch. 993,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 993,s 1, eff. 7/1/2024. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Except as provided in subsection (d), any residential facility that houses persons with an intellectual or developmental disability and is required by law to be licensed by the department shall not receive a license if the facility houses more than four (4) persons served and was not licensed on June 23, 2000. The department shall not license more than two (2) such residential facilities within five hundred yards (500 yds.) in any direction from other such facilities housing persons served. All set-back requirements applicable to lots where such facilities are located apply to such residential facilities.
(b) This section does not apply to: (1) Housing for persons with mental illness or serious emotional disturbance; (2) Housing for residents on property owned or leased by the state or a corporation that provides that housing if the property was recorded in the corporate or state name before January 1, 1989; (3) Housing for persons supported when the commissioner authorizes the transfer of a license at the same site to a successor provider, only if the license holder's contract with the state or its agent is terminated, the transfer of license is necessary to sustain the quality of life of the persons supported, and the successor provider does not increase the number of persons supported at the site; or (4) Housing for persons on a temporary or transitional basis, such as boarding facilities provided by residential schools or facilities providing services through a specialized court program addressing the needs of individuals both in court custody and dually diagnosed with an intellectual or developmental disability and a mental illness.
(1) Housing for persons with mental illness or serious emotional disturbance;
(2) Housing for residents on property owned or leased by the state or a corporation that provides that housing if the property was recorded in the corporate or state name before January 1, 1989;
(3) Housing for persons supported when the commissioner authorizes the transfer of a license at the same site to a successor provider, only if the license holder's contract with the state or its agent is terminated, the transfer of license is necessary to sustain the quality of life of the persons supported, and the successor provider does not increase the number of persons supported at the site; or
(4) Housing for persons on a temporary or transitional basis, such as boarding facilities provided by residential schools or facilities providing services through a specialized court program addressing the needs of individuals both in court custody and dually diagnosed with an intellectual or developmental disability and a mental illness.
(c) Notwithstanding any law or rule to the contrary, a residential facility or provider licensed by the department to provide residential services to persons with an intellectual or developmental disability is not prohibited from providing residential services to the elderly or adults with physical disabilities, so long as the services are adequate to ensure the health, safety, and welfare of each resident.
(d) (1) The department shall administer a residential pilot program which meets the eligibility criteria set forth in this subsection (d) and operates under applicable existing department rules. One (1) pilot participant must be located in the western grand division, as described in § 4-1-204 , and one (1) pilot participant must be located in the middle grand division, as described in § 4-1-203 . Subsection (a) does not apply to a pilot participant. (2) To be eligible to be a participant in the pilot program, the participant shall not accept reimbursement for its services from any federal healthcare program established pursuant to Title XVIII of the Social Security Act, as amended ( 42 U.S.C. §§ 1395 - 1395ll l), commonly referred to as medicare, or from any state healthcare program that receives funding pursuant to Tile XIX of the Social Security Act ( 42 U.S.C. § 1396 -1996w ) as amended, or Title XXI of the Social Security Act ( 42 U.S.C. §§ 1397aa - 1397mm ), as amended, commonly referred to as medicaid. (3) (A) To be eligible to participate in the pilot program in the middle grand division, a participant must: (i) Possess a license issued by the department to operate an existing residential home, which must be located on property: (a) In a county having a population of not less than two hundred forty-seven thousand seven hundred (247,700) nor more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or a subsequent federal census; (b) Owned by the participant; and (c) That consists of no less than one hundred (100) acres; (ii) Operate the pilot program on the same property as the existing residential home; (iii) Offer residential services for no more than sixty-six (66) additional adults with intellectual and developmental disabilities; (iv) Foster an inclusive community by making available additional homes on the property for adults of all abilities equal to twenty-five percent (25%) of homes on the property; and (v) Be recognized by the internal revenue service as an entity that is tax exempt pursuant to § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), as amended. (B) To be eligible to participate in the pilot program in the western grand division, a participant must: (i) Utilize a site for the pilot program that: (a) Is located within the boundary of the largest municipality in a county having a population of not less than nine hundred twenty-nine thousand (929,000) nor more than nine hundred thirty thousand (930,000), according to the 2020 federal census or a subsequent federal census; (b) Consists of no less than three (3) acres; (c) Offer residential services for no more than twenty-four (24) adults with intellectual and developmental disabilities in the same community, which includes adjacent properties, as adults who reside in an existing independent living, licensed assisted-care living, or licensed nursing home community; and (d) Maintains occupancy levels in the community, which includes adjacent properties, of at least twenty-five percent (25%) of residents who are adults who are eligible to live in an assisted-care living facility or independent living facility; and (ii) Be recognized by the internal revenue service as an entity that is tax exempt pursuant to § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), as amended. (4) Each pilot program participant may operate a residence for persons with intellectual or developmental disabilities, if: (A) Each building containing housing units complies with the following: (i) The building contains at least one (1) bedroom for residents and is no more than two (2) stories; (ii) No more than two (2) residents occupy any one (1) bedroom, as appropriate, based on the resident's preferences and individualized support plan; (iii) Bedrooms are no less than one hundred twenty-five square feet (125 sq. ft.) if occupied by one (1) resident, and no less than two hundred eighty square feet (280 sq. ft.) if occupied by two (2) residents; (iv) Each bedroom is adjacent to, or across the hallway from, a full bathroom facility; (v) Each full bathroom contains a shower, a sink, and a toilet; (vi) No more than two (2) bedrooms share any one (1) bathroom facility; (vii) The building contains at least one (1) separate bedroom and bathroom for use by supervising adults as needed based on the person's individualized support plan; and (viii) Each building may house no more than eight (8) individuals with intellectual and developmental disabilities; (B) The building, or if the property contains more than one (1) building, the community, has at least one hundred square feet (100 sq. ft.) of interior common area for each resident. A common area includes, but is not limited to, kitchen, laundry, living rooms, community areas, game rooms, and other common areas for use by residents. If the community consists of more than one (1) building containing housing units, the common areas may be located in one (1) or more buildings connected to the other buildings containing housing units by enclosed hallways, sidewalks or walkways, tunnels or bridges, or other methods permitted by applicable building codes; (C) The participant regularly provides residents with exposure to inclusive opportunities, based on the person's preferences and individualized support plan; (D) The participant provides residents with inclusive opportunities, based on the person's preferences and individualized support plan, that include, but are not limited to, vocational opportunities, recreation, education, and transportation options that are conducted outside of the community and that involve a significant number of persons who are not residents of the community; (E) The participant provides meals or a dietary program for residents that can be tailored to the person's individualized support plan, including protecting the person's autonomy to choose their meal schedule and individualized dietary restrictions, as applicable; (F) The participant assists residents in the development of an individualized support plan; and (G) The number of housing units contained in any one (1) building does not exceed the number of housing units permitted by applicable zoning requirements. (5) The department shall accept applications for participation in each pilot program beginning July 1, 2024. Applications must be received on or before March 31, 2025. The department shall approve any application for participation in the pilot program that satisfies the requirements of subdivisions (d)(2)-(4) within thirty (30) days of receipt of the application. If an applicant proposes to build facilities in order to participate in the pilot program, then the applicant must complete the facilities necessary to participate in the pilot program on or before June 30, 2028. All pilot participants shall comply with the applicable requirements for licensure for services or facilities, as the case may be, prior to accepting residents. (6) No later than July 1 each year, each pilot participant shall provide the department with the following information: (A) The number of residents who participate in the pilot program at such participant's location; (B) The number of residents meeting any goals established for the resident as part of the resident's individualized support plan; (C) Data collected from the National Core Indicators or other nationally recognized survey instruments; and (D) Data collected from a survey of therapists and other third-party healthcare providers who provide services to residents to gauge satisfaction with the program and to obtain suggestions for ways to improve the program. (7) Based on the information provided to the department pursuant to subdivision (d)(6), the department shall submit a report on the outcomes of the pilot program to the health and welfare committee of the senate, the health committee of the house of representatives, and the legislative librarian no later than July 31, 2026, and annually no later than July 31 of each year through July 31, 2031. (8) It being the intent of the general assembly that there be one (1) pilot program participant in the western grand division and one (1) pilot program participant in the middle grand division, the department shall not: (A) Authorize a residential pilot program other than the residential pilot program created by this subsection (d); or (B) Expand the number of participants in the residential pilot program created by this subsection (d). (9) The residential pilot program created by this subsection (d) becomes a permanent program on January 1, 2032.
(1) The department shall administer a residential pilot program which meets the eligibility criteria set forth in this subsection (d) and operates under applicable existing department rules. One (1) pilot participant must be located in the western grand division, as described in § 4-1-204 , and one (1) pilot participant must be located in the middle grand division, as described in § 4-1-203 . Subsection (a) does not apply to a pilot participant.
(2) To be eligible to be a participant in the pilot program, the participant shall not accept reimbursement for its services from any federal healthcare program established pursuant to Title XVIII of the Social Security Act, as amended ( 42 U.S.C. §§ 1395 - 1395ll l), commonly referred to as medicare, or from any state healthcare program that receives funding pursuant to Tile XIX of the Social Security Act ( 42 U.S.C. § 1396 -1996w ) as amended, or Title XXI of the Social Security Act ( 42 U.S.C. §§ 1397aa - 1397mm ), as amended, commonly referred to as medicaid.
(3) (A) To be eligible to participate in the pilot program in the middle grand division, a participant must: (i) Possess a license issued by the department to operate an existing residential home, which must be located on property: (a) In a county having a population of not less than two hundred forty-seven thousand seven hundred (247,700) nor more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or a subsequent federal census; (b) Owned by the participant; and (c) That consists of no less than one hundred (100) acres; (ii) Operate the pilot program on the same property as the existing residential home; (iii) Offer residential services for no more than sixty-six (66) additional adults with intellectual and developmental disabilities; (iv) Foster an inclusive community by making available additional homes on the property for adults of all abilities equal to twenty-five percent (25%) of homes on the property; and (v) Be recognized by the internal revenue service as an entity that is tax exempt pursuant to § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), as amended. (B) To be eligible to participate in the pilot program in the western grand division, a participant must: (i) Utilize a site for the pilot program that: (a) Is located within the boundary of the largest municipality in a county having a population of not less than nine hundred twenty-nine thousand (929,000) nor more than nine hundred thirty thousand (930,000), according to the 2020 federal census or a subsequent federal census; (b) Consists of no less than three (3) acres; (c) Offer residential services for no more than twenty-four (24) adults with intellectual and developmental disabilities in the same community, which includes adjacent properties, as adults who reside in an existing independent living, licensed assisted-care living, or licensed nursing home community; and (d) Maintains occupancy levels in the community, which includes adjacent properties, of at least twenty-five percent (25%) of residents who are adults who are eligible to live in an assisted-care living facility or independent living facility; and (ii) Be recognized by the internal revenue service as an entity that is tax exempt pursuant to § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), as amended.
(A) To be eligible to participate in the pilot program in the middle grand division, a participant must: (i) Possess a license issued by the department to operate an existing residential home, which must be located on property: (a) In a county having a population of not less than two hundred forty-seven thousand seven hundred (247,700) nor more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or a subsequent federal census; (b) Owned by the participant; and (c) That consists of no less than one hundred (100) acres; (ii) Operate the pilot program on the same property as the existing residential home; (iii) Offer residential services for no more than sixty-six (66) additional adults with intellectual and developmental disabilities; (iv) Foster an inclusive community by making available additional homes on the property for adults of all abilities equal to twenty-five percent (25%) of homes on the property; and (v) Be recognized by the internal revenue service as an entity that is tax exempt pursuant to § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), as amended.
(i) Possess a license issued by the department to operate an existing residential home, which must be located on property: (a) In a county having a population of not less than two hundred forty-seven thousand seven hundred (247,700) nor more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or a subsequent federal census; (b) Owned by the participant; and (c) That consists of no less than one hundred (100) acres;
(a) In a county having a population of not less than two hundred forty-seven thousand seven hundred (247,700) nor more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or a subsequent federal census;
(b) Owned by the participant; and
(c) That consists of no less than one hundred (100) acres;
(ii) Operate the pilot program on the same property as the existing residential home;
(iii) Offer residential services for no more than sixty-six (66) additional adults with intellectual and developmental disabilities;
(iv) Foster an inclusive community by making available additional homes on the property for adults of all abilities equal to twenty-five percent (25%) of homes on the property; and
(v) Be recognized by the internal revenue service as an entity that is tax exempt pursuant to § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), as amended.
(B) To be eligible to participate in the pilot program in the western grand division, a participant must: (i) Utilize a site for the pilot program that: (a) Is located within the boundary of the largest municipality in a county having a population of not less than nine hundred twenty-nine thousand (929,000) nor more than nine hundred thirty thousand (930,000), according to the 2020 federal census or a subsequent federal census; (b) Consists of no less than three (3) acres; (c) Offer residential services for no more than twenty-four (24) adults with intellectual and developmental disabilities in the same community, which includes adjacent properties, as adults who reside in an existing independent living, licensed assisted-care living, or licensed nursing home community; and (d) Maintains occupancy levels in the community, which includes adjacent properties, of at least twenty-five percent (25%) of residents who are adults who are eligible to live in an assisted-care living facility or independent living facility; and (ii) Be recognized by the internal revenue service as an entity that is tax exempt pursuant to § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), as amended.
(i) Utilize a site for the pilot program that: (a) Is located within the boundary of the largest municipality in a county having a population of not less than nine hundred twenty-nine thousand (929,000) nor more than nine hundred thirty thousand (930,000), according to the 2020 federal census or a subsequent federal census; (b) Consists of no less than three (3) acres; (c) Offer residential services for no more than twenty-four (24) adults with intellectual and developmental disabilities in the same community, which includes adjacent properties, as adults who reside in an existing independent living, licensed assisted-care living, or licensed nursing home community; and (d) Maintains occupancy levels in the community, which includes adjacent properties, of at least twenty-five percent (25%) of residents who are adults who are eligible to live in an assisted-care living facility or independent living facility; and
(a) Is located within the boundary of the largest municipality in a county having a population of not less than nine hundred twenty-nine thousand (929,000) nor more than nine hundred thirty thousand (930,000), according to the 2020 federal census or a subsequent federal census;
(b) Consists of no less than three (3) acres;
(c) Offer residential services for no more than twenty-four (24) adults with intellectual and developmental disabilities in the same community, which includes adjacent properties, as adults who reside in an existing independent living, licensed assisted-care living, or licensed nursing home community; and
(d) Maintains occupancy levels in the community, which includes adjacent properties, of at least twenty-five percent (25%) of residents who are adults who are eligible to live in an assisted-care living facility or independent living facility; and
(ii) Be recognized by the internal revenue service as an entity that is tax exempt pursuant to § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), as amended.
(4) Each pilot program participant may operate a residence for persons with intellectual or developmental disabilities, if: (A) Each building containing housing units complies with the following: (i) The building contains at least one (1) bedroom for residents and is no more than two (2) stories; (ii) No more than two (2) residents occupy any one (1) bedroom, as appropriate, based on the resident's preferences and individualized support plan; (iii) Bedrooms are no less than one hundred twenty-five square feet (125 sq. ft.) if occupied by one (1) resident, and no less than two hundred eighty square feet (280 sq. ft.) if occupied by two (2) residents; (iv) Each bedroom is adjacent to, or across the hallway from, a full bathroom facility; (v) Each full bathroom contains a shower, a sink, and a toilet; (vi) No more than two (2) bedrooms share any one (1) bathroom facility; (vii) The building contains at least one (1) separate bedroom and bathroom for use by supervising adults as needed based on the person's individualized support plan; and (viii) Each building may house no more than eight (8) individuals with intellectual and developmental disabilities; (B) The building, or if the property contains more than one (1) building, the community, has at least one hundred square feet (100 sq. ft.) of interior common area for each resident. A common area includes, but is not limited to, kitchen, laundry, living rooms, community areas, game rooms, and other common areas for use by residents. If the community consists of more than one (1) building containing housing units, the common areas may be located in one (1) or more buildings connected to the other buildings containing housing units by enclosed hallways, sidewalks or walkways, tunnels or bridges, or other methods permitted by applicable building codes; (C) The participant regularly provides residents with exposure to inclusive opportunities, based on the person's preferences and individualized support plan; (D) The participant provides residents with inclusive opportunities, based on the person's preferences and individualized support plan, that include, but are not limited to, vocational opportunities, recreation, education, and transportation options that are conducted outside of the community and that involve a significant number of persons who are not residents of the community; (E) The participant provides meals or a dietary program for residents that can be tailored to the person's individualized support plan, including protecting the person's autonomy to choose their meal schedule and individualized dietary restrictions, as applicable; (F) The participant assists residents in the development of an individualized support plan; and (G) The number of housing units contained in any one (1) building does not exceed the number of housing units permitted by applicable zoning requirements.
(A) Each building containing housing units complies with the following: (i) The building contains at least one (1) bedroom for residents and is no more than two (2) stories; (ii) No more than two (2) residents occupy any one (1) bedroom, as appropriate, based on the resident's preferences and individualized support plan; (iii) Bedrooms are no less than one hundred twenty-five square feet (125 sq. ft.) if occupied by one (1) resident, and no less than two hundred eighty square feet (280 sq. ft.) if occupied by two (2) residents; (iv) Each bedroom is adjacent to, or across the hallway from, a full bathroom facility; (v) Each full bathroom contains a shower, a sink, and a toilet; (vi) No more than two (2) bedrooms share any one (1) bathroom facility; (vii) The building contains at least one (1) separate bedroom and bathroom for use by supervising adults as needed based on the person's individualized support plan; and (viii) Each building may house no more than eight (8) individuals with intellectual and developmental disabilities;
(i) The building contains at least one (1) bedroom for residents and is no more than two (2) stories;
(ii) No more than two (2) residents occupy any one (1) bedroom, as appropriate, based on the resident's preferences and individualized support plan;
(iii) Bedrooms are no less than one hundred twenty-five square feet (125 sq. ft.) if occupied by one (1) resident, and no less than two hundred eighty square feet (280 sq. ft.) if occupied by two (2) residents;
(iv) Each bedroom is adjacent to, or across the hallway from, a full bathroom facility;
(v) Each full bathroom contains a shower, a sink, and a toilet;
(vi) No more than two (2) bedrooms share any one (1) bathroom facility;
(vii) The building contains at least one (1) separate bedroom and bathroom for use by supervising adults as needed based on the person's individualized support plan; and
(viii) Each building may house no more than eight (8) individuals with intellectual and developmental disabilities;
(B) The building, or if the property contains more than one (1) building, the community, has at least one hundred square feet (100 sq. ft.) of interior common area for each resident. A common area includes, but is not limited to, kitchen, laundry, living rooms, community areas, game rooms, and other common areas for use by residents. If the community consists of more than one (1) building containing housing units, the common areas may be located in one (1) or more buildings connected to the other buildings containing housing units by enclosed hallways, sidewalks or walkways, tunnels or bridges, or other methods permitted by applicable building codes;
(C) The participant regularly provides residents with exposure to inclusive opportunities, based on the person's preferences and individualized support plan;
(D) The participant provides residents with inclusive opportunities, based on the person's preferences and individualized support plan, that include, but are not limited to, vocational opportunities, recreation, education, and transportation options that are conducted outside of the community and that involve a significant number of persons who are not residents of the community;
(E) The participant provides meals or a dietary program for residents that can be tailored to the person's individualized support plan, including protecting the person's autonomy to choose their meal schedule and individualized dietary restrictions, as applicable;
(F) The participant assists residents in the development of an individualized support plan; and
(G) The number of housing units contained in any one (1) building does not exceed the number of housing units permitted by applicable zoning requirements.
(5) The department shall accept applications for participation in each pilot program beginning July 1, 2024. Applications must be received on or before March 31, 2025. The department shall approve any application for participation in the pilot program that satisfies the requirements of subdivisions (d)(2)-(4) within thirty (30) days of receipt of the application. If an applicant proposes to build facilities in order to participate in the pilot program, then the applicant must complete the facilities necessary to participate in the pilot program on or before June 30, 2028. All pilot participants shall comply with the applicable requirements for licensure for services or facilities, as the case may be, prior to accepting residents.
(6) No later than July 1 each year, each pilot participant shall provide the department with the following information: (A) The number of residents who participate in the pilot program at such participant's location; (B) The number of residents meeting any goals established for the resident as part of the resident's individualized support plan; (C) Data collected from the National Core Indicators or other nationally recognized survey instruments; and (D) Data collected from a survey of therapists and other third-party healthcare providers who provide services to residents to gauge satisfaction with the program and to obtain suggestions for ways to improve the program.
(A) The number of residents who participate in the pilot program at such participant's location;
(B) The number of residents meeting any goals established for the resident as part of the resident's individualized support plan;
(C) Data collected from the National Core Indicators or other nationally recognized survey instruments; and
(D) Data collected from a survey of therapists and other third-party healthcare providers who provide services to residents to gauge satisfaction with the program and to obtain suggestions for ways to improve the program.
(7) Based on the information provided to the department pursuant to subdivision (d)(6), the department shall submit a report on the outcomes of the pilot program to the health and welfare committee of the senate, the health committee of the house of representatives, and the legislative librarian no later than July 31, 2026, and annually no later than July 31 of each year through July 31, 2031.
(8) It being the intent of the general assembly that there be one (1) pilot program participant in the western grand division and one (1) pilot program participant in the middle grand division, the department shall not: (A) Authorize a residential pilot program other than the residential pilot program created by this subsection (d); or (B) Expand the number of participants in the residential pilot program created by this subsection (d).
(A) Authorize a residential pilot program other than the residential pilot program created by this subsection (d); or
(B) Expand the number of participants in the residential pilot program created by this subsection (d).
(9) The residential pilot program created by this subsection (d) becomes a permanent program on January 1, 2032.
Amended by 2024 Tenn. Acts, ch. 993,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 993,s 1, eff. 7/1/2024.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-301 — TN Code / Title 52 / Chapter 2 / Section 52-2-301
Basic quality standards
Status: in_force

(a) The department shall set basic quality standards for services and supports to all persons served on the basis of an intellectual or developmental disability, regardless of whether they are served by the department, the department's contractors, private service providers, other state or local public agencies, agencies licensed by the department, or private service providers that are not licensed under this title and regardless of whether the persons supported are in the custody of state or local government. (b) Basic quality standards must be the same for all persons supported regardless of where they are served and by whom they are served. Basic quality standards may vary according to the ages of the persons supported to assure appropriate service for children, adults, and the elderly. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall set basic quality standards for services and supports to all persons served on the basis of an intellectual or developmental disability, regardless of whether they are served by the department, the department's contractors, private service providers, other state or local public agencies, agencies licensed by the department, or private service providers that are not licensed under this title and regardless of whether the persons supported are in the custody of state or local government.
(b) Basic quality standards must be the same for all persons supported regardless of where they are served and by whom they are served. Basic quality standards may vary according to the ages of the persons supported to assure appropriate service for children, adults, and the elderly.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-6-102 — TN Code / Title 52 / Chapter 6 / Section 52-6-102
Outpatient evaluation - Court-ordered hospitalization - Reports
Status: in_force

(a) If a defendant with an intellectual or developmental disability who is charged with a criminal offense is believed to be incompetent to stand trial, or there is a question about the defendant's mental capacity at the time of the commission of the crime, then the criminal, circuit, or general sessions court judge may, upon the judge's own motion or upon petition by the district attorney general or by the attorney for the defendant and after hearing, order the defendant to be evaluated on an outpatient basis. The evaluation must be done by an evaluator designated by the commissioner to serve the court. If the evaluator concludes that further evaluation and treatment are needed, only then may the court order the defendant admitted, and, if in a department facility, in the custody of the commissioner for not more than thirty (30) days for further evaluation and treatment for competence to stand trial subject to the availability of suitable accommodations. (b) At any stage of a felony criminal proceeding, including a pretrial hearing, trial, sentencing, or post-conviction proceeding, the state may move or petition the court to authorize the district attorney general to designate a qualified expert to examine the defendant if the defendant gives notice that the defendant intends to offer testimony about the defendant's mental condition, whether in support of a defense of insanity or for any other purpose. The court may authorize the district attorney general to designate a qualified expert, who is willing to be appointed, to examine the defendant, if: (1) An evaluator under subsection (a) notifies the court in a pretrial proceeding that the type or extent of assessment required exceeds the expertise or resources available to the evaluator or exceeds the scope of analysis of the defendant's competence to stand trial; or (2) In any other type of felony criminal proceeding, the court determines that examination of the defendant by a qualified expert for the state is necessary to adjudicate fairly the matter before it. (c) The amount and payment of expert fees must be determined and paid by the district attorneys general conference. (d) (1) Except as provided in subdivision (d)(2), during the post-conviction stage of a criminal proceeding, if it is believed that a defendant is incompetent to assist counsel in preparation for, or otherwise participate in, the post-conviction proceeding, then the court may, upon its own motion, order that the defendant be evaluated on either an outpatient or inpatient basis, as may be appropriate. If the defendant is indigent, then the amount and payment of the costs for the evaluation must be determined and paid for by the administrative office of the courts. If the defendant is not indigent, then the cost of the evaluation must be charged as court costs. If the evaluation cannot be done on an outpatient basis and if it is necessary to admit the defendant in a department facility, then admission must not be for more than thirty (30) days and is subject to available suitable accommodations. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent must determine that the receiving department facility has available suitable accommodations. Any costs incurred by the administrative office of the courts must be absorbed within the current appropriation for the indigent defense fund. (2) In a post-conviction proceeding in a capital case, if there is a question on the defendant's mental condition at the time of the commission of the crime when there has been no such prior evaluation or a question as to whether the defendant is intellectually disabled, then the court may, upon its own motion or upon petition by the district attorney general or by the attorney for the defendant, and, if the matter is contested, after a hearing, order that the defendant be evaluated on an outpatient basis. If the outpatient evaluator concludes that an inpatient evaluation is necessary, only then may the court order the defendant to be admitted for not more than thirty (30) days. (e) (1) Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent must determine that the receiving department facility has available suitable accommodations. (2) If a defendant is found to be incompetent to stand trial, then any misdemeanor charges pending at the time of the incompetency determination must be retired no later than eleven (11) months and twenty-nine (29) days after the date of arrest when the misdemeanor charge or charges have not otherwise been disposed of, except that misdemeanor charges must not be retired pursuant to this subsection (e) if the defendant is restored to competency prior to the date on which the misdemeanor charge or charges would have otherwise been retired under this subsection (e). Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If a defendant with an intellectual or developmental disability who is charged with a criminal offense is believed to be incompetent to stand trial, or there is a question about the defendant's mental capacity at the time of the commission of the crime, then the criminal, circuit, or general sessions court judge may, upon the judge's own motion or upon petition by the district attorney general or by the attorney for the defendant and after hearing, order the defendant to be evaluated on an outpatient basis. The evaluation must be done by an evaluator designated by the commissioner to serve the court. If the evaluator concludes that further evaluation and treatment are needed, only then may the court order the defendant admitted, and, if in a department facility, in the custody of the commissioner for not more than thirty (30) days for further evaluation and treatment for competence to stand trial subject to the availability of suitable accommodations.
(b) At any stage of a felony criminal proceeding, including a pretrial hearing, trial, sentencing, or post-conviction proceeding, the state may move or petition the court to authorize the district attorney general to designate a qualified expert to examine the defendant if the defendant gives notice that the defendant intends to offer testimony about the defendant's mental condition, whether in support of a defense of insanity or for any other purpose. The court may authorize the district attorney general to designate a qualified expert, who is willing to be appointed, to examine the defendant, if: (1) An evaluator under subsection (a) notifies the court in a pretrial proceeding that the type or extent of assessment required exceeds the expertise or resources available to the evaluator or exceeds the scope of analysis of the defendant's competence to stand trial; or (2) In any other type of felony criminal proceeding, the court determines that examination of the defendant by a qualified expert for the state is necessary to adjudicate fairly the matter before it.
(1) An evaluator under subsection (a) notifies the court in a pretrial proceeding that the type or extent of assessment required exceeds the expertise or resources available to the evaluator or exceeds the scope of analysis of the defendant's competence to stand trial; or
(2) In any other type of felony criminal proceeding, the court determines that examination of the defendant by a qualified expert for the state is necessary to adjudicate fairly the matter before it.
(c) The amount and payment of expert fees must be determined and paid by the district attorneys general conference.
(d) (1) Except as provided in subdivision (d)(2), during the post-conviction stage of a criminal proceeding, if it is believed that a defendant is incompetent to assist counsel in preparation for, or otherwise participate in, the post-conviction proceeding, then the court may, upon its own motion, order that the defendant be evaluated on either an outpatient or inpatient basis, as may be appropriate. If the defendant is indigent, then the amount and payment of the costs for the evaluation must be determined and paid for by the administrative office of the courts. If the defendant is not indigent, then the cost of the evaluation must be charged as court costs. If the evaluation cannot be done on an outpatient basis and if it is necessary to admit the defendant in a department facility, then admission must not be for more than thirty (30) days and is subject to available suitable accommodations. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent must determine that the receiving department facility has available suitable accommodations. Any costs incurred by the administrative office of the courts must be absorbed within the current appropriation for the indigent defense fund. (2) In a post-conviction proceeding in a capital case, if there is a question on the defendant's mental condition at the time of the commission of the crime when there has been no such prior evaluation or a question as to whether the defendant is intellectually disabled, then the court may, upon its own motion or upon petition by the district attorney general or by the attorney for the defendant, and, if the matter is contested, after a hearing, order that the defendant be evaluated on an outpatient basis. If the outpatient evaluator concludes that an inpatient evaluation is necessary, only then may the court order the defendant to be admitted for not more than thirty (30) days.
(1) Except as provided in subdivision (d)(2), during the post-conviction stage of a criminal proceeding, if it is believed that a defendant is incompetent to assist counsel in preparation for, or otherwise participate in, the post-conviction proceeding, then the court may, upon its own motion, order that the defendant be evaluated on either an outpatient or inpatient basis, as may be appropriate. If the defendant is indigent, then the amount and payment of the costs for the evaluation must be determined and paid for by the administrative office of the courts. If the defendant is not indigent, then the cost of the evaluation must be charged as court costs. If the evaluation cannot be done on an outpatient basis and if it is necessary to admit the defendant in a department facility, then admission must not be for more than thirty (30) days and is subject to available suitable accommodations. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent must determine that the receiving department facility has available suitable accommodations. Any costs incurred by the administrative office of the courts must be absorbed within the current appropriation for the indigent defense fund.
(2) In a post-conviction proceeding in a capital case, if there is a question on the defendant's mental condition at the time of the commission of the crime when there has been no such prior evaluation or a question as to whether the defendant is intellectually disabled, then the court may, upon its own motion or upon petition by the district attorney general or by the attorney for the defendant, and, if the matter is contested, after a hearing, order that the defendant be evaluated on an outpatient basis. If the outpatient evaluator concludes that an inpatient evaluation is necessary, only then may the court order the defendant to be admitted for not more than thirty (30) days.
(e) (1) Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent must determine that the receiving department facility has available suitable accommodations. (2) If a defendant is found to be incompetent to stand trial, then any misdemeanor charges pending at the time of the incompetency determination must be retired no later than eleven (11) months and twenty-nine (29) days after the date of arrest when the misdemeanor charge or charges have not otherwise been disposed of, except that misdemeanor charges must not be retired pursuant to this subsection (e) if the defendant is restored to competency prior to the date on which the misdemeanor charge or charges would have otherwise been retired under this subsection (e).
(1) Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent must determine that the receiving department facility has available suitable accommodations.
(2) If a defendant is found to be incompetent to stand trial, then any misdemeanor charges pending at the time of the incompetency determination must be retired no later than eleven (11) months and twenty-nine (29) days after the date of arrest when the misdemeanor charge or charges have not otherwise been disposed of, except that misdemeanor charges must not be retired pursuant to this subsection (e) if the defendant is restored to competency prior to the date on which the misdemeanor charge or charges would have otherwise been retired under this subsection (e).
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-6-101 — TN Code / Title 52 / Chapter 6 / Section 52-6-101
Creation
Status: in_force

The commissioner may operate in the state hospitals' secure facilities, known as forensic services units, necessary for persons with an intellectual or developmental disability who are eligible for admission to the units under this title. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The commissioner may operate in the state hospitals' secure facilities, known as forensic services units, necessary for persons with an intellectual or developmental disability who are eligible for admission to the units under this title.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-102 — TN Code / Title 52 / Chapter 2 / Section 52-2-102
Goals, purposes, and findings
Status: in_force

(a) Within the limits of available resources, it is the goal of the state to develop and maintain a system of care that provides a comprehensive array of quality prevention, early intervention, treatment, habilitation, and rehabilitation services and supports that are geographically available, and equitably and efficiently allocated statewide, allowing people to be in their own communities in settings based on the needs and choices of individuals and families served. (b) The state's purposes are to: (1) Establish and sustain a broad range and scope of flexible services and supports across the domains of residential living, working, learning, community participation, and family support, including crisis, respite, and other emergency services that help persons supported maintain respected and active positions in the community; and (2) Promote the early identification of children with an intellectual disability, developmental disability, or developmental delay to assure that they receive services and supports appropriate to their developmental level and changing needs. (c) The general assembly finds as facts that the needs of persons with an intellectual or developmental disability cannot be met by the department in isolation and that those persons need to receive services and supports that are integrated, have linkages between and among other human service agencies and programs, and have mechanisms for planning, developing, coordinating, and monitoring services and supports to meet their needs. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Within the limits of available resources, it is the goal of the state to develop and maintain a system of care that provides a comprehensive array of quality prevention, early intervention, treatment, habilitation, and rehabilitation services and supports that are geographically available, and equitably and efficiently allocated statewide, allowing people to be in their own communities in settings based on the needs and choices of individuals and families served.
(b) The state's purposes are to: (1) Establish and sustain a broad range and scope of flexible services and supports across the domains of residential living, working, learning, community participation, and family support, including crisis, respite, and other emergency services that help persons supported maintain respected and active positions in the community; and (2) Promote the early identification of children with an intellectual disability, developmental disability, or developmental delay to assure that they receive services and supports appropriate to their developmental level and changing needs.
(1) Establish and sustain a broad range and scope of flexible services and supports across the domains of residential living, working, learning, community participation, and family support, including crisis, respite, and other emergency services that help persons supported maintain respected and active positions in the community; and
(2) Promote the early identification of children with an intellectual disability, developmental disability, or developmental delay to assure that they receive services and supports appropriate to their developmental level and changing needs.
(c) The general assembly finds as facts that the needs of persons with an intellectual or developmental disability cannot be met by the department in isolation and that those persons need to receive services and supports that are integrated, have linkages between and among other human service agencies and programs, and have mechanisms for planning, developing, coordinating, and monitoring services and supports to meet their needs.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-417 — TN Code / Title 52 / Chapter 2 / Section 52-2-417
Services without license - Cease and desist order
Status: in_force

(a) If the commissioner finds that a service or facility is providing intellectual or developmental disability services, services to older persons and adults with disabilities, or personal support services without a license as required under this title, then the commissioner may, without prior notice, order the service or facility immediately to cease and desist from providing intellectual or developmental disability services, services to older persons and adults with disabilities, or personal support services. Before issuing a cease and desist order, the commissioner shall find that issuing the order is in the public interest; necessary for the protection of the health, safety, or welfare of the persons supported of the service or facility; and consistent with the purposes fairly intended by this part. (b) The order must state the relevant findings of fact and conclusions of law that support the commissioner's finding that entering the order without prior notice is in the public interest, necessary for the protection of the persons supported of the service or facility, and consistent with this part. The order must provide notice to the respondent of the respondent's rights and responsibilities concerning review of the order. (c) (1) The owner of the service or facility ordered to cease and desist operation may seek review of the order before the commissioner or the commissioner's designee under this subsection (c). (2) The owner or legal representative of the service or facility may request an informal conference before the commissioner or the commissioner's designee. The request must be filed with the commissioner within thirty (30) days of entry of the order. The commissioner or the commissioner's designee shall convene the requested informal conference within seven (7) days of the date of receipt of the request. The conference is informal, and the service or facility has the right to be represented by counsel at all stages of the informal conference. (3) The sole issue to be determined at the informal conference is whether the service or facility was operating without a license as required by this part prior to or concurrently with the date of the entry of the order. This part and its rules control this determination. At the conference, the commissioner or the commissioner's designee may uphold, amend, or rescind the cease and desist order. Unless contested under subdivision (c)(4), the original or amended cease and desist order becomes a final order within seven (7) days of the informal conference. (4) If the commissioner or the commissioner's designee determines, as a result of the informal conference, that the cease and desist order must be amended or must not be rescinded, the owner or legal representative of the service or facility may seek review of the order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The request must be made in writing to the commissioner within seven (7) days of receipt of written notice of the commissioner's decision. Upon receipt of the request, the commissioner shall immediately refer the matter to the department of state for initiation of contested case proceedings. (5) If the respondent fails to request an informal conference under subdivision (c)(1), then the cease and desist order becomes a final order of the commissioner within thirty (30) days of its entry. The service or facility may obtain judicial review of this final order in the chancery court of Davidson County under the Uniform Administrative Procedures Act. (d) It is a Class B misdemeanor to violate a cease and desist order lawfully entered by the commissioner. Each day of operation in violation of the commissioner's cease and desist order, calculated from the date of its service upon the owner or operator of the service or facility, is a separate offense. (e) This part does not preclude any person, including the department, who is aggrieved by the operation of an unlicensed service or facility from pursuing other remedies and sanctions, including those provided by §§ 52-2-405 and 52-2-412 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If the commissioner finds that a service or facility is providing intellectual or developmental disability services, services to older persons and adults with disabilities, or personal support services without a license as required under this title, then the commissioner may, without prior notice, order the service or facility immediately to cease and desist from providing intellectual or developmental disability services, services to older persons and adults with disabilities, or personal support services. Before issuing a cease and desist order, the commissioner shall find that issuing the order is in the public interest; necessary for the protection of the health, safety, or welfare of the persons supported of the service or facility; and consistent with the purposes fairly intended by this part.
(b) The order must state the relevant findings of fact and conclusions of law that support the commissioner's finding that entering the order without prior notice is in the public interest, necessary for the protection of the persons supported of the service or facility, and consistent with this part. The order must provide notice to the respondent of the respondent's rights and responsibilities concerning review of the order.
(c) (1) The owner of the service or facility ordered to cease and desist operation may seek review of the order before the commissioner or the commissioner's designee under this subsection (c). (2) The owner or legal representative of the service or facility may request an informal conference before the commissioner or the commissioner's designee. The request must be filed with the commissioner within thirty (30) days of entry of the order. The commissioner or the commissioner's designee shall convene the requested informal conference within seven (7) days of the date of receipt of the request. The conference is informal, and the service or facility has the right to be represented by counsel at all stages of the informal conference. (3) The sole issue to be determined at the informal conference is whether the service or facility was operating without a license as required by this part prior to or concurrently with the date of the entry of the order. This part and its rules control this determination. At the conference, the commissioner or the commissioner's designee may uphold, amend, or rescind the cease and desist order. Unless contested under subdivision (c)(4), the original or amended cease and desist order becomes a final order within seven (7) days of the informal conference. (4) If the commissioner or the commissioner's designee determines, as a result of the informal conference, that the cease and desist order must be amended or must not be rescinded, the owner or legal representative of the service or facility may seek review of the order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The request must be made in writing to the commissioner within seven (7) days of receipt of written notice of the commissioner's decision. Upon receipt of the request, the commissioner shall immediately refer the matter to the department of state for initiation of contested case proceedings. (5) If the respondent fails to request an informal conference under subdivision (c)(1), then the cease and desist order becomes a final order of the commissioner within thirty (30) days of its entry. The service or facility may obtain judicial review of this final order in the chancery court of Davidson County under the Uniform Administrative Procedures Act.
(1) The owner of the service or facility ordered to cease and desist operation may seek review of the order before the commissioner or the commissioner's designee under this subsection (c).
(2) The owner or legal representative of the service or facility may request an informal conference before the commissioner or the commissioner's designee. The request must be filed with the commissioner within thirty (30) days of entry of the order. The commissioner or the commissioner's designee shall convene the requested informal conference within seven (7) days of the date of receipt of the request. The conference is informal, and the service or facility has the right to be represented by counsel at all stages of the informal conference.
(3) The sole issue to be determined at the informal conference is whether the service or facility was operating without a license as required by this part prior to or concurrently with the date of the entry of the order. This part and its rules control this determination. At the conference, the commissioner or the commissioner's designee may uphold, amend, or rescind the cease and desist order. Unless contested under subdivision (c)(4), the original or amended cease and desist order becomes a final order within seven (7) days of the informal conference.
(4) If the commissioner or the commissioner's designee determines, as a result of the informal conference, that the cease and desist order must be amended or must not be rescinded, the owner or legal representative of the service or facility may seek review of the order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The request must be made in writing to the commissioner within seven (7) days of receipt of written notice of the commissioner's decision. Upon receipt of the request, the commissioner shall immediately refer the matter to the department of state for initiation of contested case proceedings.
(5) If the respondent fails to request an informal conference under subdivision (c)(1), then the cease and desist order becomes a final order of the commissioner within thirty (30) days of its entry. The service or facility may obtain judicial review of this final order in the chancery court of Davidson County under the Uniform Administrative Procedures Act.
(d) It is a Class B misdemeanor to violate a cease and desist order lawfully entered by the commissioner. Each day of operation in violation of the commissioner's cease and desist order, calculated from the date of its service upon the owner or operator of the service or facility, is a separate offense.
(e) This part does not preclude any person, including the department, who is aggrieved by the operation of an unlicensed service or facility from pursuing other remedies and sanctions, including those provided by §§ 52-2-405 and 52-2-412 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-104 — TN Code / Title 52 / Chapter 3 / Section 52-3-104
Confidential information - Persons authorized to disclose
Status: in_force

Information about a person supported that is confidential under § 52-3-103 may be disclosed with the consent of: (1) The person supported who is sixteen (16) years of age or older; (2) The conservator of the person supported or a conservator whom the court has granted the authority to make such disclosures; (3) The attorney in fact under a power of attorney who has the right to make disclosures under the power; (4) The parent, legal guardian, or legal custodian of a person supported who is a child; (5) The person supported's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves; (6) The executor or administrator of the estate of a deceased adult person supported, or the parent or legal guardian of a deceased person supported who was a minor at the time of death; (7) The caregiver under title 34, chapter 6, part 3; or (8) An individual acting as an agent, or a person's surrogate as designated, under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Information about a person supported that is confidential under § 52-3-103 may be disclosed with the consent of:
(1) The person supported who is sixteen (16) years of age or older;
(2) The conservator of the person supported or a conservator whom the court has granted the authority to make such disclosures;
(3) The attorney in fact under a power of attorney who has the right to make disclosures under the power;
(4) The parent, legal guardian, or legal custodian of a person supported who is a child;
(5) The person supported's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;
(6) The executor or administrator of the estate of a deceased adult person supported, or the parent or legal guardian of a deceased person supported who was a minor at the time of death;
(7) The caregiver under title 34, chapter 6, part 3; or
(8) An individual acting as an agent, or a person's surrogate as designated, under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-108 — TN Code / Title 52 / Chapter 5 / Section 52-5-108
Persons with an intellectual or developmental disability, on referral list for services - Age of caregiver - Program enrollment
Status: in_force

(a) An eligible person with an intellectual disability who is on the referral list for services and whose older custodial parent, or custodial caregiver, attains seventy-five (75) years of age must be enrolled in employment and community first choices Group 5 or a similarly capped home- and community-based services program within six (6) months of the person's parent or caregiver attaining that age. (b) An eligible person with a developmental disability other than an intellectual disability who is on the referral list for services and whose older custodial parent, or custodial caregiver, attains eighty (80) years of age must be enrolled in employment and community first choices Group 5 or a similarly capped home- and community-based services program within six (6) months of the person's parent or caregiver attaining that age. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) An eligible person with an intellectual disability who is on the referral list for services and whose older custodial parent, or custodial caregiver, attains seventy-five (75) years of age must be enrolled in employment and community first choices Group 5 or a similarly capped home- and community-based services program within six (6) months of the person's parent or caregiver attaining that age.
(b) An eligible person with a developmental disability other than an intellectual disability who is on the referral list for services and whose older custodial parent, or custodial caregiver, attains eighty (80) years of age must be enrolled in employment and community first choices Group 5 or a similarly capped home- and community-based services program within six (6) months of the person's parent or caregiver attaining that age.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-501 — TN Code / Title 52 / Chapter 5 / Section 52-5-501
Felony defendant incompetent to stand trial
Status: in_force

The court with criminal jurisdiction shall order a person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable only if: (1) The court finds on proof by clear and convincing evidence that the adult with an intellectual disability is: (A) Charged with a felony; (B) Incompetent to stand trial; (C) Not committable under § 52-5-404 ; and (D) At risk of becoming committable; and (2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The court with criminal jurisdiction shall order a person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable only if:
(1) The court finds on proof by clear and convincing evidence that the adult with an intellectual disability is: (A) Charged with a felony; (B) Incompetent to stand trial; (C) Not committable under § 52-5-404 ; and (D) At risk of becoming committable; and
(A) Charged with a felony;
(B) Incompetent to stand trial;
(C) Not committable under § 52-5-404 ; and
(D) At risk of becoming committable; and
(2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-407 — TN Code / Title 52 / Chapter 5 / Section 52-5-407
Sentencing credit for time in the custody of the commissioner
Status: in_force

Whenever a person receives evaluation, training, or treatment services under this part or part 5 of this chapter in connection with a criminal charge or conviction, wherever incarcerated, the person must receive credit toward the satisfaction of the sentence for the time spent in the custody of the commissioner. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Whenever a person receives evaluation, training, or treatment services under this part or part 5 of this chapter in connection with a criminal charge or conviction, wherever incarcerated, the person must receive credit toward the satisfaction of the sentence for the time spent in the custody of the commissioner.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-302 — TN Code / Title 52 / Chapter 2 / Section 52-2-302
Standards compliance regulation
Status: in_force

The department shall regulate compliance with basic quality standards to the extent otherwise authorized by this title. The department may monitor compliance with basic quality standards in all settings, including those over which it does not have regulatory authority. The department may accomplish monitoring by inspections conducted by other state agencies as part of their regular duties. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department shall regulate compliance with basic quality standards to the extent otherwise authorized by this title. The department may monitor compliance with basic quality standards in all settings, including those over which it does not have regulatory authority. The department may accomplish monitoring by inspections conducted by other state agencies as part of their regular duties.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-401 — TN Code / Title 52 / Chapter 3 / Section 52-3-401
Release or discharge during pendency of proceedings
Status: in_force

Notwithstanding this title, a person with an intellectual or developmental disability, with respect to whom proceedings for admission under a court order have been commenced, must not be released or discharged during the pendency of the proceedings, unless ordered by the court upon application of the person with an intellectual or developmental disability or of the parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin of the person, or upon the report of the facility that the person with an intellectual or developmental disability may be discharged with safety. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Notwithstanding this title, a person with an intellectual or developmental disability, with respect to whom proceedings for admission under a court order have been commenced, must not be released or discharged during the pendency of the proceedings, unless ordered by the court upon application of the person with an intellectual or developmental disability or of the parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin of the person, or upon the report of the facility that the person with an intellectual or developmental disability may be discharged with safety.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-1102 — TN Code / Title 52 / Chapter 2 / Section 52-2-1102
Violation of Section 52-2-1101 - Penalty
Status: in_force

(a) If a person violates § 52-2-1101 , then the commissioner must assess a civil penalty of one thousand five hundred dollars ($1,500) per incident against the person for each violation. (b) A penalty must be assessed only after an informal hearing is held in the same manner as an informal hearing is held prior to the suspension of a license under § 4-5-320(d) . (c) If services or supports to a recipient of intellectual or developmental disabilities services or supports have been provided in violation of § 52-2-1101 , then the commissioner may: (1) Require transfer of the person supported to another provider of services or supports as soon as is reasonably practical; (2) Authorize a person supported to remain with the provider of services or supports if the commissioner determines it to be in the best interests of the person supported to remain with the provider of services or supports; (3) Restrict the referral of other persons supported to the provider of services or supports; (4) Exercise a combination of the preceding powers; or (5) Impose any other appropriate sanctions in the discretion of the commissioner. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If a person violates § 52-2-1101 , then the commissioner must assess a civil penalty of one thousand five hundred dollars ($1,500) per incident against the person for each violation.
(b) A penalty must be assessed only after an informal hearing is held in the same manner as an informal hearing is held prior to the suspension of a license under § 4-5-320(d) .
(c) If services or supports to a recipient of intellectual or developmental disabilities services or supports have been provided in violation of § 52-2-1101 , then the commissioner may: (1) Require transfer of the person supported to another provider of services or supports as soon as is reasonably practical; (2) Authorize a person supported to remain with the provider of services or supports if the commissioner determines it to be in the best interests of the person supported to remain with the provider of services or supports; (3) Restrict the referral of other persons supported to the provider of services or supports; (4) Exercise a combination of the preceding powers; or (5) Impose any other appropriate sanctions in the discretion of the commissioner.
(1) Require transfer of the person supported to another provider of services or supports as soon as is reasonably practical;
(2) Authorize a person supported to remain with the provider of services or supports if the commissioner determines it to be in the best interests of the person supported to remain with the provider of services or supports;
(3) Restrict the referral of other persons supported to the provider of services or supports;
(4) Exercise a combination of the preceding powers; or
(5) Impose any other appropriate sanctions in the discretion of the commissioner.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-901 — TN Code / Title 52 / Chapter 2 / Section 52-2-901
Charges for services
Status: in_force

(a) The commissioner, in consultation with the comptroller of the treasury and with the approval of the commissioner of finance and administration, may establish by rule a method for determination at least annually of charges for services and supports provided to persons supported in programs operated by the department, including the charges for all institutional or professional services. (b) Charges must be calculated using generally accepted accounting principles. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The commissioner, in consultation with the comptroller of the treasury and with the approval of the commissioner of finance and administration, may establish by rule a method for determination at least annually of charges for services and supports provided to persons supported in programs operated by the department, including the charges for all institutional or professional services.
(b) Charges must be calculated using generally accepted accounting principles.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-902 — TN Code / Title 52 / Chapter 2 / Section 52-2-902
Indigency determination - Payments
Status: in_force

(a) The commissioner, in consultation with the comptroller of the treasury and with the approval of the commissioner of finance and administration, may establish rules for determining indigence and payments to be made periodically by nonindigent persons supported or their responsible relatives. (b) Periodic payments by the person supported or the responsible relative must be based on ability to pay as determined by factors the commissioner considers relevant. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The commissioner, in consultation with the comptroller of the treasury and with the approval of the commissioner of finance and administration, may establish rules for determining indigence and payments to be made periodically by nonindigent persons supported or their responsible relatives.
(b) Periodic payments by the person supported or the responsible relative must be based on ability to pay as determined by factors the commissioner considers relevant.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-407 — TN Code / Title 52 / Chapter 2 / Section 52-2-407
License suspension or revocation
Status: in_force

(a) The department may suspend or revoke a license on the following grounds: (1) A violation of this title or rules adopted under this title; (2) Permitting, aiding, or abetting the commission of any illegal act during a licensed service or in a facility; (3) Conduct or practice found by the department to be detrimental to the welfare of the persons supported of a licensed service or facility; or (4) Abuse, misappropriation of property, or neglect. (b) The department may impose a civil penalty on a licensee for a violation of this title or a department rule. Each day of a violation constitutes a separate violation. The department shall establish by rule a schedule designating the minimum and maximum civil penalties within the ranges set in § 52-2-409 that may be assessed under this part for violation of each statute and rule that is subject to violation. The department may exclude a statute or rule from the schedule if it determines that a civil penalty for violation of that statute or rule would not achieve the purposes of licensure. If the department has not adopted a rule designating the minimum and maximum civil penalty that may be assessed for violation of a statute or rule, then the maximum civil penalty that may be imposed for violation of that statute or rule must be the lowest figure set under the appropriate subsection of § 52-2-409 that applies to the violation. (c) (1) The procedure governing the suspension or revocation of a license or imposition of a civil penalty must be as prescribed in this subsection (c). (2) If the department determines that a license must be suspended or revoked, or a civil penalty imposed, or both, it shall so notify the licensee stating facts constituting a ground or grounds for the proposed action. Within fifteen (15) days of notification, the licensee may file a written request for review by the panel appointed under § 52-2-403(d) . The review must be at the earliest possible date, and the panel shall report its recommendations to the commissioner. The commissioner shall determine whether the original action shall remain effective and shall notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for a hearing before the department. The hearing must be conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (3) The department may determine after the hearing that the license be suspended or revoked, that a civil penalty be imposed, or that no action be taken. (4) If the department determines that a license must be suspended, the department may also set the conditions to be met by the licensee during the period of suspension to entitle the licensee to resume operation of the service or facility. (5) If the department determines that a license must be suspended or revoked, or a civil penalty should be imposed, or both, the department shall enter an order stating the grounds for the action. (6) The department may, after a hearing, hold a case under consideration and specify requirements to be met by a licensee to avoid suspension, revocation, or civil penalty. In those cases, the department shall enter an order accordingly and notify the licensee by certified mail. If the licensee complies with the order and proves that fact to the satisfaction of the department, then the department shall enter an order showing satisfactory compliance and dismiss the case because of compliance. (d) If a civil penalty lawfully imposed under this part is not paid, then the penalty is recoverable in the name of the state, either by the attorney general and reporter or by the legal counsel for the department, in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department may suspend or revoke a license on the following grounds: (1) A violation of this title or rules adopted under this title; (2) Permitting, aiding, or abetting the commission of any illegal act during a licensed service or in a facility; (3) Conduct or practice found by the department to be detrimental to the welfare of the persons supported of a licensed service or facility; or (4) Abuse, misappropriation of property, or neglect.
(1) A violation of this title or rules adopted under this title;
(2) Permitting, aiding, or abetting the commission of any illegal act during a licensed service or in a facility;
(3) Conduct or practice found by the department to be detrimental to the welfare of the persons supported of a licensed service or facility; or
(4) Abuse, misappropriation of property, or neglect.
(b) The department may impose a civil penalty on a licensee for a violation of this title or a department rule. Each day of a violation constitutes a separate violation. The department shall establish by rule a schedule designating the minimum and maximum civil penalties within the ranges set in § 52-2-409 that may be assessed under this part for violation of each statute and rule that is subject to violation. The department may exclude a statute or rule from the schedule if it determines that a civil penalty for violation of that statute or rule would not achieve the purposes of licensure. If the department has not adopted a rule designating the minimum and maximum civil penalty that may be assessed for violation of a statute or rule, then the maximum civil penalty that may be imposed for violation of that statute or rule must be the lowest figure set under the appropriate subsection of § 52-2-409 that applies to the violation.
(c) (1) The procedure governing the suspension or revocation of a license or imposition of a civil penalty must be as prescribed in this subsection (c). (2) If the department determines that a license must be suspended or revoked, or a civil penalty imposed, or both, it shall so notify the licensee stating facts constituting a ground or grounds for the proposed action. Within fifteen (15) days of notification, the licensee may file a written request for review by the panel appointed under § 52-2-403(d) . The review must be at the earliest possible date, and the panel shall report its recommendations to the commissioner. The commissioner shall determine whether the original action shall remain effective and shall notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for a hearing before the department. The hearing must be conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (3) The department may determine after the hearing that the license be suspended or revoked, that a civil penalty be imposed, or that no action be taken. (4) If the department determines that a license must be suspended, the department may also set the conditions to be met by the licensee during the period of suspension to entitle the licensee to resume operation of the service or facility. (5) If the department determines that a license must be suspended or revoked, or a civil penalty should be imposed, or both, the department shall enter an order stating the grounds for the action. (6) The department may, after a hearing, hold a case under consideration and specify requirements to be met by a licensee to avoid suspension, revocation, or civil penalty. In those cases, the department shall enter an order accordingly and notify the licensee by certified mail. If the licensee complies with the order and proves that fact to the satisfaction of the department, then the department shall enter an order showing satisfactory compliance and dismiss the case because of compliance.
(1) The procedure governing the suspension or revocation of a license or imposition of a civil penalty must be as prescribed in this subsection (c).
(2) If the department determines that a license must be suspended or revoked, or a civil penalty imposed, or both, it shall so notify the licensee stating facts constituting a ground or grounds for the proposed action. Within fifteen (15) days of notification, the licensee may file a written request for review by the panel appointed under § 52-2-403(d) . The review must be at the earliest possible date, and the panel shall report its recommendations to the commissioner. The commissioner shall determine whether the original action shall remain effective and shall notify the licensee. Within fifteen (15) days of notification, the licensee may file a written request for a hearing before the department. The hearing must be conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(3) The department may determine after the hearing that the license be suspended or revoked, that a civil penalty be imposed, or that no action be taken.
(4) If the department determines that a license must be suspended, the department may also set the conditions to be met by the licensee during the period of suspension to entitle the licensee to resume operation of the service or facility.
(5) If the department determines that a license must be suspended or revoked, or a civil penalty should be imposed, or both, the department shall enter an order stating the grounds for the action.
(6) The department may, after a hearing, hold a case under consideration and specify requirements to be met by a licensee to avoid suspension, revocation, or civil penalty. In those cases, the department shall enter an order accordingly and notify the licensee by certified mail. If the licensee complies with the order and proves that fact to the satisfaction of the department, then the department shall enter an order showing satisfactory compliance and dismiss the case because of compliance.
(d) If a civil penalty lawfully imposed under this part is not paid, then the penalty is recoverable in the name of the state, either by the attorney general and reporter or by the legal counsel for the department, in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-507 — TN Code / Title 52 / Chapter 5 / Section 52-5-507
Termination of services plan
Status: in_force

If, after two (2) years of intensive training on a department-approved competence to stand trial plan under § 52-5-501 , the defendant has not made substantial progress to attain competence to stand trial, then the service provider must assess the defendant's needs and may terminate the service plan and recommend to the court that the defendant be referred to other mental health or intellectual disability services as deemed appropriate. The service provider shall report its conclusion to the court before terminating services. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If, after two (2) years of intensive training on a department-approved competence to stand trial plan under § 52-5-501 , the defendant has not made substantial progress to attain competence to stand trial, then the service provider must assess the defendant's needs and may terminate the service plan and recommend to the court that the defendant be referred to other mental health or intellectual disability services as deemed appropriate. The service provider shall report its conclusion to the court before terminating services.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-405 — TN Code / Title 52 / Chapter 3 / Section 52-3-405
Transmission of pleadings
Status: in_force

Pleadings and any certificates of need for care and treatment that must be filed in proceedings under this title may be delivered to the court in conformity with the Tennessee Rules of Civil Procedure. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Pleadings and any certificates of need for care and treatment that must be filed in proceedings under this title may be delivered to the court in conformity with the Tennessee Rules of Civil Procedure.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-1-105 — TN Code / Title 52 / Chapter 1 / Section 52-1-105
Commissioner powers and duties
Status: in_force

(a) The commissioner shall: (1) Based on best practices and research, assess the needs of persons supported and potential persons supported throughout the state, plan for a system to meet the needs, set standards for services and supports for persons supported, promote the development of services and supports for persons supported in a community-based, family-oriented system, perform the department's duties, and achieve the department's goals; (2) Collaborate with all relevant state agencies to coordinate the administration of state programs and policies that directly affect persons supported with respect to treatment, habilitation, and education; (3) Advise the governor; general assembly; state, local, and private agencies; and the public in matters affecting persons supported and advocates meeting their needs; (4) Be available or appoint a designee to serve on state-level committees or bodies where the purpose of that state body or committee is concerned with the general health, education, or welfare of the citizens of this state, when persons with disabilities or older persons are affected by the decisions of that body; and (5) Serve as an advocate within government and in the community for older persons and persons with disabilities in this state. (b) The commissioner may: (1) Select and recommend to the appropriate state officials the employment of all personnel required for the operation of the department; (2) Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department; (3) Adopt rules and policies for the governance, management, and supervision of the department's facilities; prescribe the powers and duties of officers and employees; and provide for admission, discharge, treatment, habilitation, and support of persons with an intellectual or developmental disability and older persons; (4) Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults with an intellectual or developmental disability and older persons and make the compilations available in print and on the internet; (5) Prescribe and distribute the forms to be used in connection with the admission, hospitalization, or release of persons supported in the department's facilities; (6) Alter the department's facilities and grounds and name them; (7) Order the transfer of persons supported between state facilities; (8) Procure insurance to indemnify full-time or part-time physicians, licensed psychologists designated as health service providers, and non-physician chief officers of all facilities of the department against actions by persons supported and others that are alleged to arise out of acts of omission or commission of those personnel; (9) Delegate responsibilities as the commissioner deems necessary for the effective conduct of the functions of the department; (10) Assume general responsibility for the proper and efficient operation of the department and its facilities, services, and supports; (11) Promulgate rules necessary to fulfill the department's responsibilities and carry out this title; (12) Prescribe the form of applications, records, reports, and certificates provided for in this title and the information the forms must contain; and (13) Investigate complaints by a person supported or by another person on behalf of a person supported. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The commissioner shall: (1) Based on best practices and research, assess the needs of persons supported and potential persons supported throughout the state, plan for a system to meet the needs, set standards for services and supports for persons supported, promote the development of services and supports for persons supported in a community-based, family-oriented system, perform the department's duties, and achieve the department's goals; (2) Collaborate with all relevant state agencies to coordinate the administration of state programs and policies that directly affect persons supported with respect to treatment, habilitation, and education; (3) Advise the governor; general assembly; state, local, and private agencies; and the public in matters affecting persons supported and advocates meeting their needs; (4) Be available or appoint a designee to serve on state-level committees or bodies where the purpose of that state body or committee is concerned with the general health, education, or welfare of the citizens of this state, when persons with disabilities or older persons are affected by the decisions of that body; and (5) Serve as an advocate within government and in the community for older persons and persons with disabilities in this state.
(1) Based on best practices and research, assess the needs of persons supported and potential persons supported throughout the state, plan for a system to meet the needs, set standards for services and supports for persons supported, promote the development of services and supports for persons supported in a community-based, family-oriented system, perform the department's duties, and achieve the department's goals;
(2) Collaborate with all relevant state agencies to coordinate the administration of state programs and policies that directly affect persons supported with respect to treatment, habilitation, and education;
(3) Advise the governor; general assembly; state, local, and private agencies; and the public in matters affecting persons supported and advocates meeting their needs;
(4) Be available or appoint a designee to serve on state-level committees or bodies where the purpose of that state body or committee is concerned with the general health, education, or welfare of the citizens of this state, when persons with disabilities or older persons are affected by the decisions of that body; and
(5) Serve as an advocate within government and in the community for older persons and persons with disabilities in this state.
(b) The commissioner may: (1) Select and recommend to the appropriate state officials the employment of all personnel required for the operation of the department; (2) Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department; (3) Adopt rules and policies for the governance, management, and supervision of the department's facilities; prescribe the powers and duties of officers and employees; and provide for admission, discharge, treatment, habilitation, and support of persons with an intellectual or developmental disability and older persons; (4) Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults with an intellectual or developmental disability and older persons and make the compilations available in print and on the internet; (5) Prescribe and distribute the forms to be used in connection with the admission, hospitalization, or release of persons supported in the department's facilities; (6) Alter the department's facilities and grounds and name them; (7) Order the transfer of persons supported between state facilities; (8) Procure insurance to indemnify full-time or part-time physicians, licensed psychologists designated as health service providers, and non-physician chief officers of all facilities of the department against actions by persons supported and others that are alleged to arise out of acts of omission or commission of those personnel; (9) Delegate responsibilities as the commissioner deems necessary for the effective conduct of the functions of the department; (10) Assume general responsibility for the proper and efficient operation of the department and its facilities, services, and supports; (11) Promulgate rules necessary to fulfill the department's responsibilities and carry out this title; (12) Prescribe the form of applications, records, reports, and certificates provided for in this title and the information the forms must contain; and (13) Investigate complaints by a person supported or by another person on behalf of a person supported.
(1) Select and recommend to the appropriate state officials the employment of all personnel required for the operation of the department;
(2) Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department;
(3) Adopt rules and policies for the governance, management, and supervision of the department's facilities; prescribe the powers and duties of officers and employees; and provide for admission, discharge, treatment, habilitation, and support of persons with an intellectual or developmental disability and older persons;
(4) Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults with an intellectual or developmental disability and older persons and make the compilations available in print and on the internet;
(5) Prescribe and distribute the forms to be used in connection with the admission, hospitalization, or release of persons supported in the department's facilities;
(6) Alter the department's facilities and grounds and name them;
(7) Order the transfer of persons supported between state facilities;
(8) Procure insurance to indemnify full-time or part-time physicians, licensed psychologists designated as health service providers, and non-physician chief officers of all facilities of the department against actions by persons supported and others that are alleged to arise out of acts of omission or commission of those personnel;
(9) Delegate responsibilities as the commissioner deems necessary for the effective conduct of the functions of the department;
(10) Assume general responsibility for the proper and efficient operation of the department and its facilities, services, and supports;
(11) Promulgate rules necessary to fulfill the department's responsibilities and carry out this title;
(12) Prescribe the form of applications, records, reports, and certificates provided for in this title and the information the forms must contain; and
(13) Investigate complaints by a person supported or by another person on behalf of a person supported.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-210 — TN Code / Title 52 / Chapter 8 / Section 52-8-210
Unlicensed facilities - Registry - Rules
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "State agency" means an agency of state government, including, but not limited to: (A) The department of disability and aging; (B) The department of mental health and substance abuse services; (C) The department of human services, including the division of adult protective services; (D) The department of children's services; (E) The department of commerce and insurance, including the state fire marshal's office; (F) The Tennessee bureau of investigation; (G) The bureau of TennCare; (H) The department of health; and (I) The health facilities commission. (2) "Unlicensed facility" means a facility that has been found to be in violation of § 33-2-405 , § 52-2-405 , or § 68-11-213 for failure to be licensed by a state agency; and (3) "Vulnerable person" means a person eighteen (18) years of age or older who, by reason of advanced age or other physical or mental condition, is deemed by a state agency to be vulnerable. (b) The department shall establish and maintain a registry containing the names and addresses of unlicensed facilities that have been determined by a state agency to be providing care to elderly or vulnerable persons without maintaining the appropriate licensure under titles 33, 52, or 68. The department shall publish the registry on its website. (c) A state agency that finds that a person or facility is operating an unlicensed facility in violation of § 33-2-405 , § 52-2-405 , or § 68-11-213 shall notify the department within five (5) business days of the finding. The state agency shall provide the department with the following: (1) The name of the facility; (2) The names of the facility's owners or operators; (3) The physical location or mailing address of the facility; (4) A citation to the statutory or regulatory authority used by the state agency in making the finding; and (5) Other information that the state agency deems necessary to adequately identify the facility to the public. (d) Within five (5) business days of receipt of notice under subsection (c), the department shall publish on the registry the documents and information provided by the state agency. The department shall notify the person or facility in writing, based on the mailing address provided by the state agency, within three (3) business days of publication on the registry. (e) A person or facility published on the registry may appeal the publication to the department within thirty (30) days of notification under subsection (d). The department shall afford the person or facility a hearing in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. Following the contested case, if the department finds that the person or facility was appropriately placed on the registry and was in operation after receiving notice under subsection (d), then the department may seek injunctive relief in Davidson County chancery court. (f) On or after July 1, 2022, it is unlawful for a person or facility to operate an unlicensed facility in violation of § 33-2-405 , § 52-2-405 , or § 68-11-213 after notification of publication on the registry. A violation of this subsection (f) is a Class D felony. (g) A state agency that notified the department of a finding under subsection (c) may later recommend to the department the removal of a person or facility's information from the registry, if: (1) The state agency finds that the original notice to the department was in error; or (2) The facility has applied for and obtained the necessary licensure. The state agency shall provide the facility's license number and the date of licensure. (h) The department may promulgate rules to implement this section, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (i) This section does not require a person or facility to be licensed if the person or facility is not required to be licensed under this title or titles 33, 68, or 71. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) As used in this section, unless the context otherwise requires: (1) "State agency" means an agency of state government, including, but not limited to: (A) The department of disability and aging; (B) The department of mental health and substance abuse services; (C) The department of human services, including the division of adult protective services; (D) The department of children's services; (E) The department of commerce and insurance, including the state fire marshal's office; (F) The Tennessee bureau of investigation; (G) The bureau of TennCare; (H) The department of health; and (I) The health facilities commission. (2) "Unlicensed facility" means a facility that has been found to be in violation of § 33-2-405 , § 52-2-405 , or § 68-11-213 for failure to be licensed by a state agency; and (3) "Vulnerable person" means a person eighteen (18) years of age or older who, by reason of advanced age or other physical or mental condition, is deemed by a state agency to be vulnerable.
(1) "State agency" means an agency of state government, including, but not limited to: (A) The department of disability and aging; (B) The department of mental health and substance abuse services; (C) The department of human services, including the division of adult protective services; (D) The department of children's services; (E) The department of commerce and insurance, including the state fire marshal's office; (F) The Tennessee bureau of investigation; (G) The bureau of TennCare; (H) The department of health; and (I) The health facilities commission.
(A) The department of disability and aging;
(B) The department of mental health and substance abuse services;
(C) The department of human services, including the division of adult protective services;
(D) The department of children's services;
(E) The department of commerce and insurance, including the state fire marshal's office;
(F) The Tennessee bureau of investigation;
(G) The bureau of TennCare;
(H) The department of health; and
(I) The health facilities commission.
(2) "Unlicensed facility" means a facility that has been found to be in violation of § 33-2-405 , § 52-2-405 , or § 68-11-213 for failure to be licensed by a state agency; and
(3) "Vulnerable person" means a person eighteen (18) years of age or older who, by reason of advanced age or other physical or mental condition, is deemed by a state agency to be vulnerable.
(b) The department shall establish and maintain a registry containing the names and addresses of unlicensed facilities that have been determined by a state agency to be providing care to elderly or vulnerable persons without maintaining the appropriate licensure under titles 33, 52, or 68. The department shall publish the registry on its website.
(c) A state agency that finds that a person or facility is operating an unlicensed facility in violation of § 33-2-405 , § 52-2-405 , or § 68-11-213 shall notify the department within five (5) business days of the finding. The state agency shall provide the department with the following: (1) The name of the facility; (2) The names of the facility's owners or operators; (3) The physical location or mailing address of the facility; (4) A citation to the statutory or regulatory authority used by the state agency in making the finding; and (5) Other information that the state agency deems necessary to adequately identify the facility to the public.
(1) The name of the facility;
(2) The names of the facility's owners or operators;
(3) The physical location or mailing address of the facility;
(4) A citation to the statutory or regulatory authority used by the state agency in making the finding; and
(5) Other information that the state agency deems necessary to adequately identify the facility to the public.
(d) Within five (5) business days of receipt of notice under subsection (c), the department shall publish on the registry the documents and information provided by the state agency. The department shall notify the person or facility in writing, based on the mailing address provided by the state agency, within three (3) business days of publication on the registry.
(e) A person or facility published on the registry may appeal the publication to the department within thirty (30) days of notification under subsection (d). The department shall afford the person or facility a hearing in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. Following the contested case, if the department finds that the person or facility was appropriately placed on the registry and was in operation after receiving notice under subsection (d), then the department may seek injunctive relief in Davidson County chancery court.
(f) On or after July 1, 2022, it is unlawful for a person or facility to operate an unlicensed facility in violation of § 33-2-405 , § 52-2-405 , or § 68-11-213 after notification of publication on the registry. A violation of this subsection (f) is a Class D felony.
(g) A state agency that notified the department of a finding under subsection (c) may later recommend to the department the removal of a person or facility's information from the registry, if: (1) The state agency finds that the original notice to the department was in error; or (2) The facility has applied for and obtained the necessary licensure. The state agency shall provide the facility's license number and the date of licensure.
(1) The state agency finds that the original notice to the department was in error; or
(2) The facility has applied for and obtained the necessary licensure. The state agency shall provide the facility's license number and the date of licensure.
(h) The department may promulgate rules to implement this section, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(i) This section does not require a person or facility to be licensed if the person or facility is not required to be licensed under this title or titles 33, 68, or 71.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-209 — TN Code / Title 52 / Chapter 5 / Section 52-5-209
Policy and procedure adoption - Input from the state family support council
Status: in_force

(a) The department shall adopt policies and procedures regarding the development of appropriations requested for family support. (b) Unless the commissioner determines an exigent circumstance exists, the department shall seek input from the state family support council prior to adopting policies and procedures regarding: (1) Program specifications, including: (A) Criteria for program services; (B) Methodology for allocating resources to families within the funds available; (C) Eligibility determination and admissions; and (D) Limits on benefits; (2) Coordination of the family support program and the use of its funds equitably throughout the state, with other publicly funded programs, including medicaid; (3) Resolution of grievances filed by families pertaining to actions of the family support program, and an appeals process; (4) Quality assurance; and (5) Annual evaluation of services, including consumer satisfaction. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall adopt policies and procedures regarding the development of appropriations requested for family support.
(b) Unless the commissioner determines an exigent circumstance exists, the department shall seek input from the state family support council prior to adopting policies and procedures regarding: (1) Program specifications, including: (A) Criteria for program services; (B) Methodology for allocating resources to families within the funds available; (C) Eligibility determination and admissions; and (D) Limits on benefits; (2) Coordination of the family support program and the use of its funds equitably throughout the state, with other publicly funded programs, including medicaid; (3) Resolution of grievances filed by families pertaining to actions of the family support program, and an appeals process; (4) Quality assurance; and (5) Annual evaluation of services, including consumer satisfaction.
(1) Program specifications, including: (A) Criteria for program services; (B) Methodology for allocating resources to families within the funds available; (C) Eligibility determination and admissions; and (D) Limits on benefits;
(A) Criteria for program services;
(B) Methodology for allocating resources to families within the funds available;
(C) Eligibility determination and admissions; and
(D) Limits on benefits;
(2) Coordination of the family support program and the use of its funds equitably throughout the state, with other publicly funded programs, including medicaid;
(3) Resolution of grievances filed by families pertaining to actions of the family support program, and an appeals process;
(4) Quality assurance; and
(5) Annual evaluation of services, including consumer satisfaction.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-409 — TN Code / Title 52 / Chapter 5 / Section 52-5-409
Evaluations - Reports - Discharge or transfer
Status: in_force

(a) The commissioner shall cause each person judicially committed under § 52-5-404 or transferred under § 52-3-301 , to be evaluated as often as necessary but not less often than every six (6) months. (b) The commissioner or the commissioner's designee shall report the details of the findings of the evaluation performed under subsection (a) regarding persons with an intellectual disability judicially committed under § 52-5-404 . The report must include an assessment of the person's present condition and prospects for restoration to competence to stand trial, and a copy must be sent to the clerk of the court that ordered commitment; the person; the person's attorney, parents, spouse, legal guardian, or conservator, if any; and the district attorney general. (c) If, upon completion of the evaluation under subsection (a), the commissioner or the commissioner's designee determines that a person with an intellectual disability transferred under § 52-3-301 , no longer meets the standards under which the person was admitted, then the person must be immediately discharged or transferred to the facility from which the person was transferred or to another appropriate facility of the department under § 52-3-301 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The commissioner shall cause each person judicially committed under § 52-5-404 or transferred under § 52-3-301 , to be evaluated as often as necessary but not less often than every six (6) months.
(b) The commissioner or the commissioner's designee shall report the details of the findings of the evaluation performed under subsection (a) regarding persons with an intellectual disability judicially committed under § 52-5-404 . The report must include an assessment of the person's present condition and prospects for restoration to competence to stand trial, and a copy must be sent to the clerk of the court that ordered commitment; the person; the person's attorney, parents, spouse, legal guardian, or conservator, if any; and the district attorney general.
(c) If, upon completion of the evaluation under subsection (a), the commissioner or the commissioner's designee determines that a person with an intellectual disability transferred under § 52-3-301 , no longer meets the standards under which the person was admitted, then the person must be immediately discharged or transferred to the facility from which the person was transferred or to another appropriate facility of the department under § 52-3-301 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-203 — TN Code / Title 52 / Chapter 5 / Section 52-5-203
Program focus
Status: in_force

The primary focus of the family support program is supporting: (1) Families with children with severe or developmental disabilities, school age and younger; (2) Adults with severe or developmental disabilities who choose to live with their families; and (3) Adults with severe or developmental disabilities who are residing in the community in an unsupported setting and not in a state or federally funded program. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The primary focus of the family support program is supporting:
(1) Families with children with severe or developmental disabilities, school age and younger;
(2) Adults with severe or developmental disabilities who choose to live with their families; and
(3) Adults with severe or developmental disabilities who are residing in the community in an unsupported setting and not in a state or federally funded program.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-408 — TN Code / Title 52 / Chapter 5 / Section 52-5-408
Order of court - Transfers
Status: in_force

Without regard to its wording, any court order of commitment under this part is considered in law as a transfer of the person to the custody of the commissioner. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Without regard to its wording, any court order of commitment under this part is considered in law as a transfer of the person to the custody of the commissioner.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-208 — TN Code / Title 52 / Chapter 5 / Section 52-5-208
State family support council
Status: in_force

The commissioner shall appoint a state family support council composed of fifteen (15) members, of whom at least a majority must be persons with severe or developmental disabilities or their parents or primary caregivers. The council must have one (1) representative from each development district of the state, one (1) representative of the council on developmental disabilities, one (1) representative of the Tennessee disability coalition, one (1) representative of Tennessee community organizations, and one (1) representative of a center for independent living. The commissioner shall appoint two (2) at-large members for the department. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The commissioner shall appoint a state family support council composed of fifteen (15) members, of whom at least a majority must be persons with severe or developmental disabilities or their parents or primary caregivers. The council must have one (1) representative from each development district of the state, one (1) representative of the council on developmental disabilities, one (1) representative of the Tennessee disability coalition, one (1) representative of Tennessee community organizations, and one (1) representative of a center for independent living. The commissioner shall appoint two (2) at-large members for the department.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-102 — TN Code / Title 52 / Chapter 8 / Section 52-8-102
Establishment - Members - Terms
Status: in_force

(a) There is created a commission known as the Tennessee commission on aging and disability. The commission is administratively attached to the department. (b) The commission must consist of twenty-two (22) members, who are persons who provide leadership in programs for the elderly and disabled in the state. Nineteen (19) of the members must be appointed by the governor, in accordance with this part. Members may come from such diverse areas as housing, recreation, employment, medicine, nursing, social service, business, adult education, long-term care, religion, research, and advocacy. It is desirable that the commission membership reflect the geographic diversity of this state and include minorities and women at least in proportion to their presence in the state's population and that at least one-half (1/2) of the membership be representative of the population served. Staff members of programs funded wholly or in part by the commission are ineligible to serve as commission members. (c) Members of the commission are appointed as follows: (1) One (1) person must be appointed by the governor from each of the nine (9) planning and service areas, in consultation with each of the nine (9) advisory councils to the nine (9) area agencies on aging that are established in accordance with the Older Americans Act ( 42 U.S.C. § 3026 ). The governor may appoint such persons from a list of two (2) persons nominated by each advisory council to the nine (9) area agencies on aging. In making these appointments, the governor shall strive to achieve adequate representation from both rural and urban areas. This section does not preclude members of the advisory councils from being appointed as commission members; (2) One (1) member of the governor's staff, who must be appointed by the governor; (3) One (1) person who is an active member of a chartered, statewide organization that advocates exclusively for older persons must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor; (4) One (1) person who is an active member of a federally chartered organization with statewide membership and chapters chartered in this state, that advocates exclusively for older persons, must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor; (5) One (1) person who is an active member of a chartered, statewide organization that advocates exclusively for disabled persons must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor; (6) The commissioners of human services, health, veterans services, and mental health and substance abuse services; the director of TennCare; or the commissioners' or director's designees; (7) The commissioner, or the commissioner's designee, who serves as an ex officio member without voting power; (8) The executive director of the council on developmental disabilities; and (9) The speaker of the senate and the speaker of the house of representatives each shall name one (1) legislator from such speaker's respective house to serve on the commission as ex officio members without voting power to attend and sit with the commission in open meetings, in order to report back to the general assembly on actions being taken or considered by the commission. (d) The governor may ask the nominating body in any case for additional nominees. (e) As vacancies occur on the commission, persons must be appointed to fill the vacancy for the unexpired term in accordance with the original nomination process. (f) (1) Members appointed to serve on the commission pursuant to this section must be appointed in accordance with the criteria established in this section. Members of the commission as it existed prior to October 1, 2012, may be eligible for nomination and appointment pursuant to the criteria established in this section. (2) The terms of office for members of the commission must be six (6) years, except for members of the governor's personal staff and cabinet whose terms are coterminous with that of the appointing governor, and except for the legislators appointed pursuant to subdivision (c)(9) whose terms are coterminous with the terms for which the legislators have been elected to the general assembly. Vacancies must be filled by appointment pursuant to the criteria in this section only for the remainder of the unexpired term. (3) A two-year absence from commission membership qualifies any member for reappointment who satisfies the criteria of this section. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) There is created a commission known as the Tennessee commission on aging and disability. The commission is administratively attached to the department.
(b) The commission must consist of twenty-two (22) members, who are persons who provide leadership in programs for the elderly and disabled in the state. Nineteen (19) of the members must be appointed by the governor, in accordance with this part. Members may come from such diverse areas as housing, recreation, employment, medicine, nursing, social service, business, adult education, long-term care, religion, research, and advocacy. It is desirable that the commission membership reflect the geographic diversity of this state and include minorities and women at least in proportion to their presence in the state's population and that at least one-half (1/2) of the membership be representative of the population served. Staff members of programs funded wholly or in part by the commission are ineligible to serve as commission members.
(c) Members of the commission are appointed as follows: (1) One (1) person must be appointed by the governor from each of the nine (9) planning and service areas, in consultation with each of the nine (9) advisory councils to the nine (9) area agencies on aging that are established in accordance with the Older Americans Act ( 42 U.S.C. § 3026 ). The governor may appoint such persons from a list of two (2) persons nominated by each advisory council to the nine (9) area agencies on aging. In making these appointments, the governor shall strive to achieve adequate representation from both rural and urban areas. This section does not preclude members of the advisory councils from being appointed as commission members; (2) One (1) member of the governor's staff, who must be appointed by the governor; (3) One (1) person who is an active member of a chartered, statewide organization that advocates exclusively for older persons must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor; (4) One (1) person who is an active member of a federally chartered organization with statewide membership and chapters chartered in this state, that advocates exclusively for older persons, must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor; (5) One (1) person who is an active member of a chartered, statewide organization that advocates exclusively for disabled persons must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor; (6) The commissioners of human services, health, veterans services, and mental health and substance abuse services; the director of TennCare; or the commissioners' or director's designees; (7) The commissioner, or the commissioner's designee, who serves as an ex officio member without voting power; (8) The executive director of the council on developmental disabilities; and (9) The speaker of the senate and the speaker of the house of representatives each shall name one (1) legislator from such speaker's respective house to serve on the commission as ex officio members without voting power to attend and sit with the commission in open meetings, in order to report back to the general assembly on actions being taken or considered by the commission.
(1) One (1) person must be appointed by the governor from each of the nine (9) planning and service areas, in consultation with each of the nine (9) advisory councils to the nine (9) area agencies on aging that are established in accordance with the Older Americans Act ( 42 U.S.C. § 3026 ). The governor may appoint such persons from a list of two (2) persons nominated by each advisory council to the nine (9) area agencies on aging. In making these appointments, the governor shall strive to achieve adequate representation from both rural and urban areas. This section does not preclude members of the advisory councils from being appointed as commission members;
(2) One (1) member of the governor's staff, who must be appointed by the governor;
(3) One (1) person who is an active member of a chartered, statewide organization that advocates exclusively for older persons must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor;
(4) One (1) person who is an active member of a federally chartered organization with statewide membership and chapters chartered in this state, that advocates exclusively for older persons, must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor;
(5) One (1) person who is an active member of a chartered, statewide organization that advocates exclusively for disabled persons must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor;
(6) The commissioners of human services, health, veterans services, and mental health and substance abuse services; the director of TennCare; or the commissioners' or director's designees;
(7) The commissioner, or the commissioner's designee, who serves as an ex officio member without voting power;
(8) The executive director of the council on developmental disabilities; and
(9) The speaker of the senate and the speaker of the house of representatives each shall name one (1) legislator from such speaker's respective house to serve on the commission as ex officio members without voting power to attend and sit with the commission in open meetings, in order to report back to the general assembly on actions being taken or considered by the commission.
(d) The governor may ask the nominating body in any case for additional nominees.
(e) As vacancies occur on the commission, persons must be appointed to fill the vacancy for the unexpired term in accordance with the original nomination process.
(f) (1) Members appointed to serve on the commission pursuant to this section must be appointed in accordance with the criteria established in this section. Members of the commission as it existed prior to October 1, 2012, may be eligible for nomination and appointment pursuant to the criteria established in this section. (2) The terms of office for members of the commission must be six (6) years, except for members of the governor's personal staff and cabinet whose terms are coterminous with that of the appointing governor, and except for the legislators appointed pursuant to subdivision (c)(9) whose terms are coterminous with the terms for which the legislators have been elected to the general assembly. Vacancies must be filled by appointment pursuant to the criteria in this section only for the remainder of the unexpired term. (3) A two-year absence from commission membership qualifies any member for reappointment who satisfies the criteria of this section.
(1) Members appointed to serve on the commission pursuant to this section must be appointed in accordance with the criteria established in this section. Members of the commission as it existed prior to October 1, 2012, may be eligible for nomination and appointment pursuant to the criteria established in this section.
(2) The terms of office for members of the commission must be six (6) years, except for members of the governor's personal staff and cabinet whose terms are coterminous with that of the appointing governor, and except for the legislators appointed pursuant to subdivision (c)(9) whose terms are coterminous with the terms for which the legislators have been elected to the general assembly. Vacancies must be filled by appointment pursuant to the criteria in this section only for the remainder of the unexpired term.
(3) A two-year absence from commission membership qualifies any member for reappointment who satisfies the criteria of this section.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-103 — TN Code / Title 52 / Chapter 8 / Section 52-8-103
Powers and duties of the commission
Status: in_force

(a) The commission shall: (1) Advise the department on matters relating to the development and execution of programs and services for older adults and adults with disabilities administered by the department as enumerated in this title; (2) Meet as necessary to transact business; provided, that meetings must be held at least quarterly; (3) Promulgate bylaws to provide for the election of officers, establishment of committees, meetings, and other matters relating to commission functions; and (4) Elect a chair, vice chair, and three (3) representatives, one (1) from each of the three (3) grand divisions, who shall comprise the executive committee to function between quarterly meetings. (b) In addition to the duties otherwise granted to the commission in this part, the commission may: (1) Make recommendations to the governor, heads of state departments, and the general assembly relative to the needs of older adults and adults with disabilities in this state; (2) Hold hearings, conduct research, and engage in other appropriate activities to determine the needs of older persons and persons with a disability, including particularly, but not limited to, their needs for health and social services, and to determine the existing services and facilities, private and public, available to meet those needs; and (3) Create subcommittees to undertake such special studies as the commission authorizes and include in such subcommittees persons qualified in any field of activity relating to aging or disability, or both. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The commission shall: (1) Advise the department on matters relating to the development and execution of programs and services for older adults and adults with disabilities administered by the department as enumerated in this title; (2) Meet as necessary to transact business; provided, that meetings must be held at least quarterly; (3) Promulgate bylaws to provide for the election of officers, establishment of committees, meetings, and other matters relating to commission functions; and (4) Elect a chair, vice chair, and three (3) representatives, one (1) from each of the three (3) grand divisions, who shall comprise the executive committee to function between quarterly meetings.
(1) Advise the department on matters relating to the development and execution of programs and services for older adults and adults with disabilities administered by the department as enumerated in this title;
(2) Meet as necessary to transact business; provided, that meetings must be held at least quarterly;
(3) Promulgate bylaws to provide for the election of officers, establishment of committees, meetings, and other matters relating to commission functions; and
(4) Elect a chair, vice chair, and three (3) representatives, one (1) from each of the three (3) grand divisions, who shall comprise the executive committee to function between quarterly meetings.
(b) In addition to the duties otherwise granted to the commission in this part, the commission may: (1) Make recommendations to the governor, heads of state departments, and the general assembly relative to the needs of older adults and adults with disabilities in this state; (2) Hold hearings, conduct research, and engage in other appropriate activities to determine the needs of older persons and persons with a disability, including particularly, but not limited to, their needs for health and social services, and to determine the existing services and facilities, private and public, available to meet those needs; and (3) Create subcommittees to undertake such special studies as the commission authorizes and include in such subcommittees persons qualified in any field of activity relating to aging or disability, or both.
(1) Make recommendations to the governor, heads of state departments, and the general assembly relative to the needs of older adults and adults with disabilities in this state;
(2) Hold hearings, conduct research, and engage in other appropriate activities to determine the needs of older persons and persons with a disability, including particularly, but not limited to, their needs for health and social services, and to determine the existing services and facilities, private and public, available to meet those needs; and
(3) Create subcommittees to undertake such special studies as the commission authorizes and include in such subcommittees persons qualified in any field of activity relating to aging or disability, or both.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-205 — TN Code / Title 52 / Chapter 8 / Section 52-8-205
Congregate and home-delivered meals
Status: in_force

The standards and procedures developed by the department relative to the nutrition program for older persons operated in accordance with the Older Americans Act must establish a threshold of an annual average of ten (10) congregate and home-delivered meals a day for any nutrition sites. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The standards and procedures developed by the department relative to the nutrition program for older persons operated in accordance with the Older Americans Act must establish a threshold of an annual average of ten (10) congregate and home-delivered meals a day for any nutrition sites.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-416 — TN Code / Title 52 / Chapter 2 / Section 52-2-416
Serious abuse, dereliction, or deficiency in operation of facility - License suspension or revocation
Status: in_force

(a) The department shall investigate reports of serious abuse, dereliction, or deficiency in the operation of a licensed service or facility. (b) (1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, are presumed to be acting in good faith and are immune from any liability, civil or criminal, that might otherwise be incurred or imposed. (2) Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation. (3) Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report. (c) (1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction, or deficiency is found and not corrected in a reasonable time. (2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment must not exceed a period of one hundred twenty (120) days, except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. This part does not take away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall investigate reports of serious abuse, dereliction, or deficiency in the operation of a licensed service or facility.
(b) (1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, are presumed to be acting in good faith and are immune from any liability, civil or criminal, that might otherwise be incurred or imposed. (2) Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation. (3) Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
(1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, are presumed to be acting in good faith and are immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(2) Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation.
(3) Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
(c) (1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction, or deficiency is found and not corrected in a reasonable time. (2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment must not exceed a period of one hundred twenty (120) days, except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. This part does not take away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) .
(1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction, or deficiency is found and not corrected in a reasonable time.
(2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment must not exceed a period of one hundred twenty (120) days, except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. This part does not take away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-206 — TN Code / Title 52 / Chapter 3 / Section 52-3-206
Duty satisfied - Liability
Status: in_force

If a qualified mental health professional or behavior analyst has satisfied the person's duty under § 52-3-203 , § 52-3-205 , or § 52-3-207 , monetary liability and a cause of action do not arise against the qualified mental health professional or behavior analyst, or any service provider in whose service the duty arose for the qualified mental health professional or behavior analyst for not predicting, warning of, or taking precautions to provide protection from violent behavior by the person with an intellectual or developmental disability. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If a qualified mental health professional or behavior analyst has satisfied the person's duty under § 52-3-203 , § 52-3-205 , or § 52-3-207 , monetary liability and a cause of action do not arise against the qualified mental health professional or behavior analyst, or any service provider in whose service the duty arose for the qualified mental health professional or behavior analyst for not predicting, warning of, or taking precautions to provide protection from violent behavior by the person with an intellectual or developmental disability.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.