Tenn. Code Ann. § 52-3-301 — TN Code / Title 52 / Chapter 3 / Section 52-3-301
Transfer of residential persons supported between facilities
Status: in_force

(a) The commissioner may authorize the transfer of a person in a facility of the department to another department facility or to a private facility under this section. The commissioner shall give due consideration to the relationship of the person to family, guardian, conservator, and friends so as to maintain relationships and encourage visitation beneficial to the person. If a person whose transfer is authorized has been admitted or committed by court order, then a certified copy of the court order must be sent to the facility to which the person is transferred. (b) (1) If the commissioner determines that a person could more properly be cared for and treated in a facility other than the one in which the person is an admitted person supported and that the transfer is in the person's best interest, then the commissioner may authorize the person to be transferred for an indefinite period to another facility. The person may be transferred to a secure facility, only if, in addition, the commissioner determines that the person is substantially likely to injure the person or others if not treated in a secure facility. (2) Before a transfer is authorized, the person must be given a physical examination by a licensed physician and a mental assessment and evaluation by a qualified mental health professional, and complete written reports of the examination, assessment, and evaluation must be forwarded to the commissioner by the facility that recommends the transfer. The reports and the recommendation must each include a certificate of need that the transfer is in the person's best interests and a statement of the reasons for the conclusion. (3) Upon recommending transfer, the department shall immediately give personal notice of the recommendation by telephone or otherwise to the person's spouse, parent, adult child, or legal guardian, as appropriate; the person's conservator, if any; and the person supported. A person must not be transferred less than twenty-four (24) hours after the notices required by this subdivision (b)(3) have been given, unless the person's spouse, parent, adult child, or legal guardian or conservator, if any, has agreed to the transfer or unless a diligent attempt to give notice is unsuccessful. (4) The commissioner, upon authorizing transfer, shall immediately give written notice of the decision to the person's spouse, parent, adult child, or legal representative, as appropriate; the person's conservator, if any; the committing court, if any; and the person supported. The person may then be transferred immediately. (c) (1) (A) The commissioner may authorize the person to be transferred immediately to another department facility if the commissioner determines, upon the recommendation of the facility requesting a transfer, that: (i) The person requires emergency care and treatment that cannot be provided by the transferring facility; and (ii) The transfer is in the person's best interest. (B) The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure such person or others if not treated in a secure facility. (2) If the commissioner approves the emergency transfer, then the commissioner must notify both the transferring and receiving facilities. The transferring facility shall then have the person transferred immediately. A bed must remain open at the transferring facility for seventy-two (72) hours after the transfer for the readmission of the person. (3) Within seventy-two (72) hours after the transfer, the receiving facility shall determine whether the transfer was appropriate. If the facility determines that the transfer was not appropriate, then the receiving facility must return the person to the transferring facility. If the facility determines that the transfer was appropriate, then the facility must immediately give the person written notice of the decision. (4) The transfer must not exceed thirty (30) days, after which the receiving facility must return the person to the facility from which the person came. (5) If the receiving facility determines that the person requires treatment beyond the thirty-day period, then the facility must notify the person in writing and apply for indeterminate transfer under subsection (b). The person shall remain in the receiving facility unless the commissioner denies the application for transfer. If the commissioner denies the application, then the receiving facility must have the person transferred to the transferring facility immediately. (d) A person may be transferred from a state facility to a licensed private facility or from a licensed private facility to a state facility, upon proper application, approval of the transferring and receiving facilities, and written notice to the committing court, if the person is committed. Once transferred, the person is lawfully admitted to the receiving facility, and the facility may retain the person under the authority of the admission or order applicable to the facility from which the person was transferred. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The commissioner may authorize the transfer of a person in a facility of the department to another department facility or to a private facility under this section. The commissioner shall give due consideration to the relationship of the person to family, guardian, conservator, and friends so as to maintain relationships and encourage visitation beneficial to the person. If a person whose transfer is authorized has been admitted or committed by court order, then a certified copy of the court order must be sent to the facility to which the person is transferred.
(b) (1) If the commissioner determines that a person could more properly be cared for and treated in a facility other than the one in which the person is an admitted person supported and that the transfer is in the person's best interest, then the commissioner may authorize the person to be transferred for an indefinite period to another facility. The person may be transferred to a secure facility, only if, in addition, the commissioner determines that the person is substantially likely to injure the person or others if not treated in a secure facility. (2) Before a transfer is authorized, the person must be given a physical examination by a licensed physician and a mental assessment and evaluation by a qualified mental health professional, and complete written reports of the examination, assessment, and evaluation must be forwarded to the commissioner by the facility that recommends the transfer. The reports and the recommendation must each include a certificate of need that the transfer is in the person's best interests and a statement of the reasons for the conclusion. (3) Upon recommending transfer, the department shall immediately give personal notice of the recommendation by telephone or otherwise to the person's spouse, parent, adult child, or legal guardian, as appropriate; the person's conservator, if any; and the person supported. A person must not be transferred less than twenty-four (24) hours after the notices required by this subdivision (b)(3) have been given, unless the person's spouse, parent, adult child, or legal guardian or conservator, if any, has agreed to the transfer or unless a diligent attempt to give notice is unsuccessful. (4) The commissioner, upon authorizing transfer, shall immediately give written notice of the decision to the person's spouse, parent, adult child, or legal representative, as appropriate; the person's conservator, if any; the committing court, if any; and the person supported. The person may then be transferred immediately.
(1) If the commissioner determines that a person could more properly be cared for and treated in a facility other than the one in which the person is an admitted person supported and that the transfer is in the person's best interest, then the commissioner may authorize the person to be transferred for an indefinite period to another facility. The person may be transferred to a secure facility, only if, in addition, the commissioner determines that the person is substantially likely to injure the person or others if not treated in a secure facility.
(2) Before a transfer is authorized, the person must be given a physical examination by a licensed physician and a mental assessment and evaluation by a qualified mental health professional, and complete written reports of the examination, assessment, and evaluation must be forwarded to the commissioner by the facility that recommends the transfer. The reports and the recommendation must each include a certificate of need that the transfer is in the person's best interests and a statement of the reasons for the conclusion.
(3) Upon recommending transfer, the department shall immediately give personal notice of the recommendation by telephone or otherwise to the person's spouse, parent, adult child, or legal guardian, as appropriate; the person's conservator, if any; and the person supported. A person must not be transferred less than twenty-four (24) hours after the notices required by this subdivision (b)(3) have been given, unless the person's spouse, parent, adult child, or legal guardian or conservator, if any, has agreed to the transfer or unless a diligent attempt to give notice is unsuccessful.
(4) The commissioner, upon authorizing transfer, shall immediately give written notice of the decision to the person's spouse, parent, adult child, or legal representative, as appropriate; the person's conservator, if any; the committing court, if any; and the person supported. The person may then be transferred immediately.
(c) (1) (A) The commissioner may authorize the person to be transferred immediately to another department facility if the commissioner determines, upon the recommendation of the facility requesting a transfer, that: (i) The person requires emergency care and treatment that cannot be provided by the transferring facility; and (ii) The transfer is in the person's best interest. (B) The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure such person or others if not treated in a secure facility. (2) If the commissioner approves the emergency transfer, then the commissioner must notify both the transferring and receiving facilities. The transferring facility shall then have the person transferred immediately. A bed must remain open at the transferring facility for seventy-two (72) hours after the transfer for the readmission of the person. (3) Within seventy-two (72) hours after the transfer, the receiving facility shall determine whether the transfer was appropriate. If the facility determines that the transfer was not appropriate, then the receiving facility must return the person to the transferring facility. If the facility determines that the transfer was appropriate, then the facility must immediately give the person written notice of the decision. (4) The transfer must not exceed thirty (30) days, after which the receiving facility must return the person to the facility from which the person came. (5) If the receiving facility determines that the person requires treatment beyond the thirty-day period, then the facility must notify the person in writing and apply for indeterminate transfer under subsection (b). The person shall remain in the receiving facility unless the commissioner denies the application for transfer. If the commissioner denies the application, then the receiving facility must have the person transferred to the transferring facility immediately.
(1) (A) The commissioner may authorize the person to be transferred immediately to another department facility if the commissioner determines, upon the recommendation of the facility requesting a transfer, that: (i) The person requires emergency care and treatment that cannot be provided by the transferring facility; and (ii) The transfer is in the person's best interest. (B) The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure such person or others if not treated in a secure facility.
(A) The commissioner may authorize the person to be transferred immediately to another department facility if the commissioner determines, upon the recommendation of the facility requesting a transfer, that: (i) The person requires emergency care and treatment that cannot be provided by the transferring facility; and (ii) The transfer is in the person's best interest.
(i) The person requires emergency care and treatment that cannot be provided by the transferring facility; and
(ii) The transfer is in the person's best interest.
(B) The person may be transferred to a secure facility, if, and only if, in addition, the commissioner determines that the person is substantially likely to injure such person or others if not treated in a secure facility.
(2) If the commissioner approves the emergency transfer, then the commissioner must notify both the transferring and receiving facilities. The transferring facility shall then have the person transferred immediately. A bed must remain open at the transferring facility for seventy-two (72) hours after the transfer for the readmission of the person.
(3) Within seventy-two (72) hours after the transfer, the receiving facility shall determine whether the transfer was appropriate. If the facility determines that the transfer was not appropriate, then the receiving facility must return the person to the transferring facility. If the facility determines that the transfer was appropriate, then the facility must immediately give the person written notice of the decision.
(4) The transfer must not exceed thirty (30) days, after which the receiving facility must return the person to the facility from which the person came.
(5) If the receiving facility determines that the person requires treatment beyond the thirty-day period, then the facility must notify the person in writing and apply for indeterminate transfer under subsection (b). The person shall remain in the receiving facility unless the commissioner denies the application for transfer. If the commissioner denies the application, then the receiving facility must have the person transferred to the transferring facility immediately.
(d) A person may be transferred from a state facility to a licensed private facility or from a licensed private facility to a state facility, upon proper application, approval of the transferring and receiving facilities, and written notice to the committing court, if the person is committed. Once transferred, the person is lawfully admitted to the receiving facility, and the facility may retain the person under the authority of the admission or order applicable to the facility from which the person was transferred.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-209 — TN Code / Title 52 / Chapter 8 / Section 52-8-209
Funding for support of older adults - Resource mapping - Reports
Status: in_force

(a) The department shall design and oversee a resource mapping of all federal- and state-funding sources and funding streams as well as resources for nonprofit and other nongovernmental entities that support the health, safety, and welfare of older adults in this state who are sixty (60) years of age or older. The resource mapping must include, but not be limited to: (1) An inventory of all federal- and state-funding sources that support these older adults in this state; (2) An inventory of all state, federal, or government subsidized services and programs offered to these older adults in this state, set out by program, target population, geographical region, agency, or any other grouping that would assist the general assembly in determining whether there are overlapping programs that lead to duplication within this state, gaps in service delivery, and any administrative inefficiencies generally; (3) A description of the manner in which the funds are being used within the agencies or organizations, the performance measures in place to assess the use of such funding, and the intended outcomes of the programs and services; (4) Government mandates for the use of the funds, if any; and (5) An inventory of the funds for which the state may be eligible, but is currently not receiving or using, and the reasons why the funds are not being used. (b) The department shall update the report each year and subsequently assure that the resource map is periodically and timely updated, so as to maintain a current resource map of the funds used to support these older adults in the state. (c) The comptroller of the treasury and each department of state government or agency in this state shall provide assistance upon request to the department in effectuating this section. (d) On or before January 15, 2019, the department shall provide a preliminary report to the health and welfare committee of the senate and the health committee of the house of representatives. On or before December 15, 2020, and each successive year thereafter, the department shall provide a full report to the health and welfare committee of the senate and the health committee of the house of representatives. The full report must include, but not be limited to, the resource map and any recommendations, including proposed legislation, for improving the efficiency and effectiveness of programs offered to older adults who are sixty (60) years of age or older in this state. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall design and oversee a resource mapping of all federal- and state-funding sources and funding streams as well as resources for nonprofit and other nongovernmental entities that support the health, safety, and welfare of older adults in this state who are sixty (60) years of age or older. The resource mapping must include, but not be limited to: (1) An inventory of all federal- and state-funding sources that support these older adults in this state; (2) An inventory of all state, federal, or government subsidized services and programs offered to these older adults in this state, set out by program, target population, geographical region, agency, or any other grouping that would assist the general assembly in determining whether there are overlapping programs that lead to duplication within this state, gaps in service delivery, and any administrative inefficiencies generally; (3) A description of the manner in which the funds are being used within the agencies or organizations, the performance measures in place to assess the use of such funding, and the intended outcomes of the programs and services; (4) Government mandates for the use of the funds, if any; and (5) An inventory of the funds for which the state may be eligible, but is currently not receiving or using, and the reasons why the funds are not being used.
(1) An inventory of all federal- and state-funding sources that support these older adults in this state;
(2) An inventory of all state, federal, or government subsidized services and programs offered to these older adults in this state, set out by program, target population, geographical region, agency, or any other grouping that would assist the general assembly in determining whether there are overlapping programs that lead to duplication within this state, gaps in service delivery, and any administrative inefficiencies generally;
(3) A description of the manner in which the funds are being used within the agencies or organizations, the performance measures in place to assess the use of such funding, and the intended outcomes of the programs and services;
(4) Government mandates for the use of the funds, if any; and
(5) An inventory of the funds for which the state may be eligible, but is currently not receiving or using, and the reasons why the funds are not being used.
(b) The department shall update the report each year and subsequently assure that the resource map is periodically and timely updated, so as to maintain a current resource map of the funds used to support these older adults in the state.
(c) The comptroller of the treasury and each department of state government or agency in this state shall provide assistance upon request to the department in effectuating this section.
(d) On or before January 15, 2019, the department shall provide a preliminary report to the health and welfare committee of the senate and the health committee of the house of representatives. On or before December 15, 2020, and each successive year thereafter, the department shall provide a full report to the health and welfare committee of the senate and the health committee of the house of representatives. The full report must include, but not be limited to, the resource map and any recommendations, including proposed legislation, for improving the efficiency and effectiveness of programs offered to older adults who are sixty (60) years of age or older in this state.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-203 — TN Code / Title 52 / Chapter 8 / Section 52-8-203
Alzheimer's and dementia respite care pilot program
Status: in_force

(a) As used in this section: (1) "Agency" means an area agency on aging and disability as defined in § 52-8-101 ; (2) "Alzheimer's disease or related dementia" means the diseases and conditions characterized by a decline in memory, language, problem-solving, and other thinking skills that affect an individual's ability to perform everyday activities; (3) "Informal caregiver" means a spouse, adult child, relative, or friend who provides unpaid care services to an individual, in the individual's home, who suffers from Alzheimer's disease or related dementia; (4) "Program" means the Alzheimer's and dementia care respite program created by this section; and (5) "Respite care": (A) Means temporary, substitute support or living arrangements to provide a brief period of relief or rest for informal caregivers. As used in this subdivision (a)(5), "substitute support" includes, but is not limited to, the following homemaker services: (i) In-home respite or companionship; (ii) Adult day care; (iii) Assistance with personal care, bathing, medication monitoring, and chores; (iv) Caregiver training for unpaid, informal caregivers; (v) Four (4) hours of overnight respite in a facility; and (vi) Any other goods or services necessary to maintain the person with Alzheimer's or related dementia at home; and (B) Includes in-home care by appropriately trained individuals, or care in an adult day care, assisted living, or nursing home setting, on an intermittent, occasional, or emergency basis. (b) (1) There is created the Alzheimer's and dementia respite care pilot program to provide home- and community-based services through grants provided to each of the nine (9) area agencies on aging and disability in this state. (2) The program may be operated using an agency's existing respite care infrastructure. (3) An agency shall report the costs of the agency's respite care infrastructure to the department each year of the pilot program. (4) The program must: (A) Be based on grants provided to each of the nine (9) area agencies on aging and disability in this state for respite care services for the sole benefit of individuals who are experiencing symptoms of Alzheimer's disease or related dementia or who have received a clinical diagnosis of Alzheimer's disease or related dementia; (B) Be operated from July 1, 2022, to December 31, 2025; (C) Actively serve up to a total of two hundred twenty-five (225) enrollees, at one (1) time, in each fiscal year of the program's operation; (D) Reimburse utilizing the department's yearly approved homemaker service unit cost rate; (E) Give priority for enrollment to those individuals on the waitlist for the current state-funded OPTIONS program as of May 25, 2022; (F) Exclude an individual with Alzheimer's disease or related dementia who is eligible for long-term care services under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1; and (G) Provide preference to individuals at or below two hundred fifty percent (250%) of the federal poverty level. (5) Each agency shall submit a written report no later than January 15, 2023, and by January 15 each year thereafter, until the close of the pilot program period, to the chairs of the health and welfare committee of the senate and the health committee of the house of representatives on the status of the program. The report must include, at a minimum, the following: (A) The total funds spent on the program; (B) The amount of administrative costs to operate the program; (C) The number of individuals and informal caregivers served by the program; (D) The income ranges of the individuals and informal caregivers served by the program; and (E) The efficacy of the program. (c) This section does not create an entitlement to services through the program, and the services provided and the number of individuals served by the program are subject to appropriations by the general assembly. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) As used in this section: (1) "Agency" means an area agency on aging and disability as defined in § 52-8-101 ; (2) "Alzheimer's disease or related dementia" means the diseases and conditions characterized by a decline in memory, language, problem-solving, and other thinking skills that affect an individual's ability to perform everyday activities; (3) "Informal caregiver" means a spouse, adult child, relative, or friend who provides unpaid care services to an individual, in the individual's home, who suffers from Alzheimer's disease or related dementia; (4) "Program" means the Alzheimer's and dementia care respite program created by this section; and (5) "Respite care": (A) Means temporary, substitute support or living arrangements to provide a brief period of relief or rest for informal caregivers. As used in this subdivision (a)(5), "substitute support" includes, but is not limited to, the following homemaker services: (i) In-home respite or companionship; (ii) Adult day care; (iii) Assistance with personal care, bathing, medication monitoring, and chores; (iv) Caregiver training for unpaid, informal caregivers; (v) Four (4) hours of overnight respite in a facility; and (vi) Any other goods or services necessary to maintain the person with Alzheimer's or related dementia at home; and (B) Includes in-home care by appropriately trained individuals, or care in an adult day care, assisted living, or nursing home setting, on an intermittent, occasional, or emergency basis.
(1) "Agency" means an area agency on aging and disability as defined in § 52-8-101 ;
(2) "Alzheimer's disease or related dementia" means the diseases and conditions characterized by a decline in memory, language, problem-solving, and other thinking skills that affect an individual's ability to perform everyday activities;
(3) "Informal caregiver" means a spouse, adult child, relative, or friend who provides unpaid care services to an individual, in the individual's home, who suffers from Alzheimer's disease or related dementia;
(4) "Program" means the Alzheimer's and dementia care respite program created by this section; and
(5) "Respite care": (A) Means temporary, substitute support or living arrangements to provide a brief period of relief or rest for informal caregivers. As used in this subdivision (a)(5), "substitute support" includes, but is not limited to, the following homemaker services: (i) In-home respite or companionship; (ii) Adult day care; (iii) Assistance with personal care, bathing, medication monitoring, and chores; (iv) Caregiver training for unpaid, informal caregivers; (v) Four (4) hours of overnight respite in a facility; and (vi) Any other goods or services necessary to maintain the person with Alzheimer's or related dementia at home; and (B) Includes in-home care by appropriately trained individuals, or care in an adult day care, assisted living, or nursing home setting, on an intermittent, occasional, or emergency basis.
(A) Means temporary, substitute support or living arrangements to provide a brief period of relief or rest for informal caregivers. As used in this subdivision (a)(5), "substitute support" includes, but is not limited to, the following homemaker services: (i) In-home respite or companionship; (ii) Adult day care; (iii) Assistance with personal care, bathing, medication monitoring, and chores; (iv) Caregiver training for unpaid, informal caregivers; (v) Four (4) hours of overnight respite in a facility; and (vi) Any other goods or services necessary to maintain the person with Alzheimer's or related dementia at home; and
(i) In-home respite or companionship;
(ii) Adult day care;
(iii) Assistance with personal care, bathing, medication monitoring, and chores;
(iv) Caregiver training for unpaid, informal caregivers;
(v) Four (4) hours of overnight respite in a facility; and
(vi) Any other goods or services necessary to maintain the person with Alzheimer's or related dementia at home; and
(B) Includes in-home care by appropriately trained individuals, or care in an adult day care, assisted living, or nursing home setting, on an intermittent, occasional, or emergency basis.
(b) (1) There is created the Alzheimer's and dementia respite care pilot program to provide home- and community-based services through grants provided to each of the nine (9) area agencies on aging and disability in this state. (2) The program may be operated using an agency's existing respite care infrastructure. (3) An agency shall report the costs of the agency's respite care infrastructure to the department each year of the pilot program. (4) The program must: (A) Be based on grants provided to each of the nine (9) area agencies on aging and disability in this state for respite care services for the sole benefit of individuals who are experiencing symptoms of Alzheimer's disease or related dementia or who have received a clinical diagnosis of Alzheimer's disease or related dementia; (B) Be operated from July 1, 2022, to December 31, 2025; (C) Actively serve up to a total of two hundred twenty-five (225) enrollees, at one (1) time, in each fiscal year of the program's operation; (D) Reimburse utilizing the department's yearly approved homemaker service unit cost rate; (E) Give priority for enrollment to those individuals on the waitlist for the current state-funded OPTIONS program as of May 25, 2022; (F) Exclude an individual with Alzheimer's disease or related dementia who is eligible for long-term care services under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1; and (G) Provide preference to individuals at or below two hundred fifty percent (250%) of the federal poverty level. (5) Each agency shall submit a written report no later than January 15, 2023, and by January 15 each year thereafter, until the close of the pilot program period, to the chairs of the health and welfare committee of the senate and the health committee of the house of representatives on the status of the program. The report must include, at a minimum, the following: (A) The total funds spent on the program; (B) The amount of administrative costs to operate the program; (C) The number of individuals and informal caregivers served by the program; (D) The income ranges of the individuals and informal caregivers served by the program; and (E) The efficacy of the program.
(1) There is created the Alzheimer's and dementia respite care pilot program to provide home- and community-based services through grants provided to each of the nine (9) area agencies on aging and disability in this state.
(2) The program may be operated using an agency's existing respite care infrastructure.
(3) An agency shall report the costs of the agency's respite care infrastructure to the department each year of the pilot program.
(4) The program must: (A) Be based on grants provided to each of the nine (9) area agencies on aging and disability in this state for respite care services for the sole benefit of individuals who are experiencing symptoms of Alzheimer's disease or related dementia or who have received a clinical diagnosis of Alzheimer's disease or related dementia; (B) Be operated from July 1, 2022, to December 31, 2025; (C) Actively serve up to a total of two hundred twenty-five (225) enrollees, at one (1) time, in each fiscal year of the program's operation; (D) Reimburse utilizing the department's yearly approved homemaker service unit cost rate; (E) Give priority for enrollment to those individuals on the waitlist for the current state-funded OPTIONS program as of May 25, 2022; (F) Exclude an individual with Alzheimer's disease or related dementia who is eligible for long-term care services under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1; and (G) Provide preference to individuals at or below two hundred fifty percent (250%) of the federal poverty level.
(A) Be based on grants provided to each of the nine (9) area agencies on aging and disability in this state for respite care services for the sole benefit of individuals who are experiencing symptoms of Alzheimer's disease or related dementia or who have received a clinical diagnosis of Alzheimer's disease or related dementia;
(B) Be operated from July 1, 2022, to December 31, 2025;
(C) Actively serve up to a total of two hundred twenty-five (225) enrollees, at one (1) time, in each fiscal year of the program's operation;
(D) Reimburse utilizing the department's yearly approved homemaker service unit cost rate;
(E) Give priority for enrollment to those individuals on the waitlist for the current state-funded OPTIONS program as of May 25, 2022;
(F) Exclude an individual with Alzheimer's disease or related dementia who is eligible for long-term care services under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1; and
(G) Provide preference to individuals at or below two hundred fifty percent (250%) of the federal poverty level.
(5) Each agency shall submit a written report no later than January 15, 2023, and by January 15 each year thereafter, until the close of the pilot program period, to the chairs of the health and welfare committee of the senate and the health committee of the house of representatives on the status of the program. The report must include, at a minimum, the following: (A) The total funds spent on the program; (B) The amount of administrative costs to operate the program; (C) The number of individuals and informal caregivers served by the program; (D) The income ranges of the individuals and informal caregivers served by the program; and (E) The efficacy of the program.
(A) The total funds spent on the program;
(B) The amount of administrative costs to operate the program;
(C) The number of individuals and informal caregivers served by the program;
(D) The income ranges of the individuals and informal caregivers served by the program; and
(E) The efficacy of the program.
(c) This section does not create an entitlement to services through the program, and the services provided and the number of individuals served by the program are subject to appropriations by the general assembly.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-109 — TN Code / Title 52 / Chapter 5 / Section 52-5-109
Change to rule, regulation, policy, or guideline - Estimate of fiscal impact on licensee - Review
Status: in_force

(a) As used in this section, "fiscal impact" means any increase, decrease, or other change in revenue, expenditures, or fiscal liability. (b) The department of intellectual and developmental disabilities shall assess in writing the fiscal impact on licensees under chapter 2, part 4 of this title, of any change to any rule, regulation, policy, or guideline relating to the staffing, physical plant, or operating procedures of the licensee for rendering services pursuant to a contract, grant, or agreement with the department. (c) Unless exigent circumstances require the change to be implemented sooner, no less than thirty (30) days before the change in the rule, regulation, policy, or guideline is to take effect, the commissioner of intellectual and developmental disabilities shall transmit the department's estimate of fiscal impact to the finance, ways and means committee of the house of representatives, the finance, ways and means committee of the senate, and the comptroller of the treasury for any appropriate review. (d) If exigent circumstances, such as an unforeseen court order, require a change to be implemented sooner, then the department shall provide a statement describing the exigent circumstances that prevented thirty (30) days' notice to the finance, ways and means committee of the house of representatives, the finance, ways and means committee of the senate, and the comptroller of the treasury no later than five (5) days after implementing the change. In that case, the department shall provide the estimate of fiscal impact to such entities within sixty (60) days after implementing the change. (e) This section ceases to apply in its entirety on the effective date of integration of services for members with intellectual or other developmental disabilities into the state's existing managed care service delivery system, as approved by the centers for medicare and medicaid services through Amendment 1 of the TennCare III Demonstration pursuant to 42 U.S.C.A. § 1315 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) As used in this section, "fiscal impact" means any increase, decrease, or other change in revenue, expenditures, or fiscal liability.
(b) The department of intellectual and developmental disabilities shall assess in writing the fiscal impact on licensees under chapter 2, part 4 of this title, of any change to any rule, regulation, policy, or guideline relating to the staffing, physical plant, or operating procedures of the licensee for rendering services pursuant to a contract, grant, or agreement with the department.
(c) Unless exigent circumstances require the change to be implemented sooner, no less than thirty (30) days before the change in the rule, regulation, policy, or guideline is to take effect, the commissioner of intellectual and developmental disabilities shall transmit the department's estimate of fiscal impact to the finance, ways and means committee of the house of representatives, the finance, ways and means committee of the senate, and the comptroller of the treasury for any appropriate review.
(d) If exigent circumstances, such as an unforeseen court order, require a change to be implemented sooner, then the department shall provide a statement describing the exigent circumstances that prevented thirty (30) days' notice to the finance, ways and means committee of the house of representatives, the finance, ways and means committee of the senate, and the comptroller of the treasury no later than five (5) days after implementing the change. In that case, the department shall provide the estimate of fiscal impact to such entities within sixty (60) days after implementing the change.
(e) This section ceases to apply in its entirety on the effective date of integration of services for members with intellectual or other developmental disabilities into the state's existing managed care service delivery system, as approved by the centers for medicare and medicaid services through Amendment 1 of the TennCare III Demonstration pursuant to 42 U.S.C.A. § 1315 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-1-101 — TN Code / Title 52 / Chapter 1 / Section 52-1-101
Title definitions
Status: in_force

As used in this title, unless the context otherwise requires: (1) "Available suitable accommodations" or "suitable available accommodations" means a state-owned or -operated treatment resource that has the capacity, as reasonably determined by the commissioner, and the medical capability, equipment, and staffing to provide an appropriate level of care, treatment, and physical security to an individual in an unoccupied and unassigned bed; (2) "Child" means a person who is under eighteen (18) years of age; (3) "Commissioner" means the commissioner of disability and aging; (4) "Department" means the department of disability and aging; (5) "Developmental disability": (A) In a person over five (5) years of age, means a severe, chronic disability of an individual that: (i) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) Manifested before twenty-two (22) years of age; (iii) Is likely to continue indefinitely; (iv) Results in substantial functional limitations in three (3) or more of the following major life activities: (a) Self-care; (b) Receptive and expressive language; (c) Learning; (d) Mobility; (e) Self-direction; (f) Capacity for independent living; or (g) Economic self-sufficiency; and (v) Reflects the person's need for a combination and sequence of special interdisciplinary or generic services, supports, or other assistance that is likely to continue indefinitely and needs to be individually planned and coordinated; and (B) In a person up to five (5) years of age, means a condition of substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in a developmental disability as defined in subdivision (5)(A) if services and supports are not provided; (6) "Facility" means a treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, community mental health center, counseling center, clinic, group home, halfway house, or any other entity that provides an intellectual or developmental disability service; (7) "Indigent person" means a person: (A) Who is supported and whose resources, including property, assets, and income, are insufficient, under chapter 2, part 9 of this title, to pay for the cost of providing services and supports; and (B) Who does not have a responsible relative or other legally responsible person who is able to pay for the cost of providing the services and supports; (8) "Intellectual disability" means, for the purposes of the general functions of the department as set forth in § 4-3-2701(b) , substantial limitations in functioning: (A) As shown by significantly sub-average intellectual functioning that exists concurrently with related limitations in two (2) or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work; and (B) That are manifested before eighteen (18) years of age; (9) "Licensed physician" means a graduate of an accredited medical school authorized to confer upon graduates the degree of doctor of medicine (M.D.) and who is duly licensed in this state, or an osteopathic physician who is a graduate of a recognized osteopathic college authorized to confer the degree of doctor of osteopathy (D.O.) and who is licensed to practice osteopathic medicine in this state; (10) "Medical capability" means that a state-owned or -operated hospital or treatment resource has the ability to treat an individual's medical needs onsite or that the individual's medical needs do not exceed the onsite capability of the state-owned or -operated hospital or treatment resource to treat; (11) "Mental illness" means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include an intellectual disability or other developmental disability; (12) "Older person" or "older adult" means an individual who is sixty (60) years of age or older; (13) "Person supported" means a person who is an individual who qualifies or may qualify for programs or supports through the department; (14) "Qualified mental health professional" means a person who is licensed in this state, if required for the profession, and who is a psychiatrist; physician with expertise in psychiatry as determined by training, education, or experience; psychologist with health service provider designation; psychological examiner or senior psychological examiner; licensed master's social worker with two (2) years of mental health experience or licensed clinical social worker; marital and family therapist; nurse with a master's degree in nursing who functions as a psychiatric nurse; professional counselor; or, if the person is providing service to persons supported who are children, any of the above educational credentials plus mental health experience with children; (15) "Responsible relative" means the parent of an unemancipated child with an intellectual or developmental disability who is receiving service in programs of the department or any relative who accepts financial responsibility for the care and service of a person supported; (16) "Support" means any activity or resource that enables a person supported to participate in a service or program through the department; and (17) "Treatment resource" means any public or private facility, service, or program providing treatment or rehabilitation services for persons supported. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
As used in this title, unless the context otherwise requires:
(1) "Available suitable accommodations" or "suitable available accommodations" means a state-owned or -operated treatment resource that has the capacity, as reasonably determined by the commissioner, and the medical capability, equipment, and staffing to provide an appropriate level of care, treatment, and physical security to an individual in an unoccupied and unassigned bed;
(2) "Child" means a person who is under eighteen (18) years of age;
(3) "Commissioner" means the commissioner of disability and aging;
(4) "Department" means the department of disability and aging;
(5) "Developmental disability": (A) In a person over five (5) years of age, means a severe, chronic disability of an individual that: (i) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) Manifested before twenty-two (22) years of age; (iii) Is likely to continue indefinitely; (iv) Results in substantial functional limitations in three (3) or more of the following major life activities: (a) Self-care; (b) Receptive and expressive language; (c) Learning; (d) Mobility; (e) Self-direction; (f) Capacity for independent living; or (g) Economic self-sufficiency; and (v) Reflects the person's need for a combination and sequence of special interdisciplinary or generic services, supports, or other assistance that is likely to continue indefinitely and needs to be individually planned and coordinated; and (B) In a person up to five (5) years of age, means a condition of substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in a developmental disability as defined in subdivision (5)(A) if services and supports are not provided;
(A) In a person over five (5) years of age, means a severe, chronic disability of an individual that: (i) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) Manifested before twenty-two (22) years of age; (iii) Is likely to continue indefinitely; (iv) Results in substantial functional limitations in three (3) or more of the following major life activities: (a) Self-care; (b) Receptive and expressive language; (c) Learning; (d) Mobility; (e) Self-direction; (f) Capacity for independent living; or (g) Economic self-sufficiency; and (v) Reflects the person's need for a combination and sequence of special interdisciplinary or generic services, supports, or other assistance that is likely to continue indefinitely and needs to be individually planned and coordinated; and
(i) Is attributable to a mental or physical impairment or combination of mental and physical impairments;
(ii) Manifested before twenty-two (22) years of age;
(iii) Is likely to continue indefinitely;
(iv) Results in substantial functional limitations in three (3) or more of the following major life activities: (a) Self-care; (b) Receptive and expressive language; (c) Learning; (d) Mobility; (e) Self-direction; (f) Capacity for independent living; or (g) Economic self-sufficiency; and
(a) Self-care;
(b) Receptive and expressive language;
(c) Learning;
(d) Mobility;
(e) Self-direction;
(f) Capacity for independent living; or
(g) Economic self-sufficiency; and
(v) Reflects the person's need for a combination and sequence of special interdisciplinary or generic services, supports, or other assistance that is likely to continue indefinitely and needs to be individually planned and coordinated; and
(B) In a person up to five (5) years of age, means a condition of substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in a developmental disability as defined in subdivision (5)(A) if services and supports are not provided;
(6) "Facility" means a treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, community mental health center, counseling center, clinic, group home, halfway house, or any other entity that provides an intellectual or developmental disability service;
(7) "Indigent person" means a person: (A) Who is supported and whose resources, including property, assets, and income, are insufficient, under chapter 2, part 9 of this title, to pay for the cost of providing services and supports; and (B) Who does not have a responsible relative or other legally responsible person who is able to pay for the cost of providing the services and supports;
(A) Who is supported and whose resources, including property, assets, and income, are insufficient, under chapter 2, part 9 of this title, to pay for the cost of providing services and supports; and
(B) Who does not have a responsible relative or other legally responsible person who is able to pay for the cost of providing the services and supports;
(8) "Intellectual disability" means, for the purposes of the general functions of the department as set forth in § 4-3-2701(b) , substantial limitations in functioning: (A) As shown by significantly sub-average intellectual functioning that exists concurrently with related limitations in two (2) or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work; and (B) That are manifested before eighteen (18) years of age;
(A) As shown by significantly sub-average intellectual functioning that exists concurrently with related limitations in two (2) or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work; and
(B) That are manifested before eighteen (18) years of age;
(9) "Licensed physician" means a graduate of an accredited medical school authorized to confer upon graduates the degree of doctor of medicine (M.D.) and who is duly licensed in this state, or an osteopathic physician who is a graduate of a recognized osteopathic college authorized to confer the degree of doctor of osteopathy (D.O.) and who is licensed to practice osteopathic medicine in this state;
(10) "Medical capability" means that a state-owned or -operated hospital or treatment resource has the ability to treat an individual's medical needs onsite or that the individual's medical needs do not exceed the onsite capability of the state-owned or -operated hospital or treatment resource to treat;
(11) "Mental illness" means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include an intellectual disability or other developmental disability;
(12) "Older person" or "older adult" means an individual who is sixty (60) years of age or older;
(13) "Person supported" means a person who is an individual who qualifies or may qualify for programs or supports through the department;
(14) "Qualified mental health professional" means a person who is licensed in this state, if required for the profession, and who is a psychiatrist; physician with expertise in psychiatry as determined by training, education, or experience; psychologist with health service provider designation; psychological examiner or senior psychological examiner; licensed master's social worker with two (2) years of mental health experience or licensed clinical social worker; marital and family therapist; nurse with a master's degree in nursing who functions as a psychiatric nurse; professional counselor; or, if the person is providing service to persons supported who are children, any of the above educational credentials plus mental health experience with children;
(15) "Responsible relative" means the parent of an unemancipated child with an intellectual or developmental disability who is receiving service in programs of the department or any relative who accepts financial responsibility for the care and service of a person supported;
(16) "Support" means any activity or resource that enables a person supported to participate in a service or program through the department; and
(17) "Treatment resource" means any public or private facility, service, or program providing treatment or rehabilitation services for persons supported.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-412 — TN Code / Title 52 / Chapter 2 / Section 52-2-412
Injunction
Status: in_force

(a) The department may sue to enjoin any person, partnership, association, or corporation from establishing, conducting, managing, or operating any service or facility providing intellectual or developmental disability services, services to older persons and adults with disabilities, or personal support services within the meaning of this title without having obtained a license as required under this title or while its license has been suspended or revoked. Suit may be brought 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 violations occurred. (b) In charging any defendant in a complaint for injunction, it is sufficient to charge that the defendant did, upon a certain day and in a certain county, establish, conduct, manage, or operate a service or facility providing intellectual or developmental disability services or personal support services or that the defendant is about to do so without having a license, without averring any further or more particular facts concerning the case. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department may sue to enjoin any person, partnership, association, or corporation from establishing, conducting, managing, or operating any service or facility providing intellectual or developmental disability services, services to older persons and adults with disabilities, or personal support services within the meaning of this title without having obtained a license as required under this title or while its license has been suspended or revoked. Suit may be brought 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 violations occurred.
(b) In charging any defendant in a complaint for injunction, it is sufficient to charge that the defendant did, upon a certain day and in a certain county, establish, conduct, manage, or operate a service or facility providing intellectual or developmental disability services or personal support services or that the defendant is about to do so without having a license, without averring any further or more particular facts concerning the case.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-207 — TN Code / Title 52 / Chapter 8 / Section 52-8-207
Multidisciplinary collaborative coalition - Reduction of elder and vulnerable adult abuse, neglect, and exploitation - Strategies
Status: in_force

The commissioner shall establish and lead a multidisciplinary collaborative coalition of state agencies and departments involved in the prevention, investigation, and prosecution of elder and vulnerable adult abuse, neglect, and exploitation. In an effort to reduce this abuse, neglect, and exploitation, the coalition shall develop and undertake strategies to increase communication with the public and state agencies, propose educational outreach, and promote the sharing of existing resources and information. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The commissioner shall establish and lead a multidisciplinary collaborative coalition of state agencies and departments involved in the prevention, investigation, and prosecution of elder and vulnerable adult abuse, neglect, and exploitation. In an effort to reduce this abuse, neglect, and exploitation, the coalition shall develop and undertake strategies to increase communication with the public and state agencies, propose educational outreach, and promote the sharing of existing resources and information.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-4-105 — TN Code / Title 52 / Chapter 4 / Section 52-4-105
Death of patient - Notice - Disposal of property
Status: in_force

(a) (1) Upon the death of a person committed to a facility under chapter 5 of this title, the facility must mail written notice of death to the court that entered the order resulting in the commitment; mail written notice of death to the next of kin, if known; and notify the office of the medical examiner having jurisdiction to investigate the death. (2) A facility that is required by this subsection (a) to make a notice to the medical examiner having jurisdiction to investigate a death shall make such notice as soon as reasonably practicable, but in no event more than twelve (12) hours after the discovery of the death. A facility shall mail the other notices required by this subsection (a) within ten (10) days of the discovery of the death. (b) Notice of a death must also be given promptly to the person's legal guardian, legal custodian, or conservator, as applicable. The administrator, executor, or personal representative of the deceased person, or, if there is none, one (1) or more of the heirs at law or next of kin, must be notified by registered mail of the deceased's personal property at the facility at the time of death. Notice to an administrator, executor, or personal representative must be directed to the probate court of the county in which that person is qualified to administer the estate of the deceased. (c) Property left by the deceased person in the facility must be disposed of pursuant to subsection (e) if, after diligent search and inquiry, none of the persons required to be notified can be found and notified or if the persons notified do not open the estate or otherwise proceed to dispose of the estate in a lawful manner. (d) If a person is discharged and leaves personal property in the facility, then the facility must promptly notify the person by registered mail addressed to the person's last known address that the property has been left and is subject to sale under subsection (e). (e) The facility shall keep the deceased or discharged person's personal property for six (6) months if it is not claimed. The facility shall then sell the property, with the approval of the commissioner, and deposit the proceeds in a fund, maintained under the supervision of the department, for the benefit of needy persons supported. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) (1) Upon the death of a person committed to a facility under chapter 5 of this title, the facility must mail written notice of death to the court that entered the order resulting in the commitment; mail written notice of death to the next of kin, if known; and notify the office of the medical examiner having jurisdiction to investigate the death. (2) A facility that is required by this subsection (a) to make a notice to the medical examiner having jurisdiction to investigate a death shall make such notice as soon as reasonably practicable, but in no event more than twelve (12) hours after the discovery of the death. A facility shall mail the other notices required by this subsection (a) within ten (10) days of the discovery of the death.
(1) Upon the death of a person committed to a facility under chapter 5 of this title, the facility must mail written notice of death to the court that entered the order resulting in the commitment; mail written notice of death to the next of kin, if known; and notify the office of the medical examiner having jurisdiction to investigate the death.
(2) A facility that is required by this subsection (a) to make a notice to the medical examiner having jurisdiction to investigate a death shall make such notice as soon as reasonably practicable, but in no event more than twelve (12) hours after the discovery of the death. A facility shall mail the other notices required by this subsection (a) within ten (10) days of the discovery of the death.
(b) Notice of a death must also be given promptly to the person's legal guardian, legal custodian, or conservator, as applicable. The administrator, executor, or personal representative of the deceased person, or, if there is none, one (1) or more of the heirs at law or next of kin, must be notified by registered mail of the deceased's personal property at the facility at the time of death. Notice to an administrator, executor, or personal representative must be directed to the probate court of the county in which that person is qualified to administer the estate of the deceased.
(c) Property left by the deceased person in the facility must be disposed of pursuant to subsection (e) if, after diligent search and inquiry, none of the persons required to be notified can be found and notified or if the persons notified do not open the estate or otherwise proceed to dispose of the estate in a lawful manner.
(d) If a person is discharged and leaves personal property in the facility, then the facility must promptly notify the person by registered mail addressed to the person's last known address that the property has been left and is subject to sale under subsection (e).
(e) The facility shall keep the deceased or discharged person's personal property for six (6) months if it is not claimed. The facility shall then sell the property, with the approval of the commissioner, and deposit the proceeds in a fund, maintained under the supervision of the department, for the benefit of needy persons supported.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-4-103 — TN Code / Title 52 / Chapter 4 / Section 52-4-103
Private facility - Commitment - Certificate
Status: in_force

(a) If a person is proposed to be committed to a private facility under this title, at least one (1) of the required certificates of need must be from a qualified health professional who is not an employee of the private facility. (b) For purposes of this section, employment as a faculty member by a school of medicine at a university or college associated with a hospital does not constitute employment at a private facility. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If a person is proposed to be committed to a private facility under this title, at least one (1) of the required certificates of need must be from a qualified health professional who is not an employee of the private facility.
(b) For purposes of this section, employment as a faculty member by a school of medicine at a university or college associated with a hospital does not constitute employment at a private facility.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-4-104 — TN Code / Title 52 / Chapter 4 / Section 52-4-104
Certificate of need - Content - Penalty
Status: in_force

(a) A certificate of need for commitment for care and treatment of a person with an intellectual or developmental disability is not valid for any purpose unless it is based on personal observation and examination of the person made by the qualified health professional not more than three (3) days prior to the making of the certificate. The certificate must state the facts and reasoning on which the opinions and conclusions are based. (b) The execution of a certificate concerning the mental condition of a person by a qualified health professional who has not personally observed and examined the person is a Class E felony. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A certificate of need for commitment for care and treatment of a person with an intellectual or developmental disability is not valid for any purpose unless it is based on personal observation and examination of the person made by the qualified health professional not more than three (3) days prior to the making of the certificate. The certificate must state the facts and reasoning on which the opinions and conclusions are based.
(b) The execution of a certificate concerning the mental condition of a person by a qualified health professional who has not personally observed and examined the person is a Class E felony.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-908 — TN Code / Title 52 / Chapter 2 / Section 52-2-908
Voluntary payment
Status: in_force

If a person who is not legally responsible to pay for a person supported's care contributes funds voluntarily for the person supported's care, then the department may accept the funds. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If a person who is not legally responsible to pay for a person supported's care contributes funds voluntarily for the person supported's care, then the department may accept the funds.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-403 — TN Code / Title 52 / Chapter 5 / Section 52-5-403
Commitment procedure
Status: in_force

(a) The district attorney general may file a complaint to require involuntary care and treatment of the defendant under § 52-5-404 only if: (1) The circuit, criminal, or general sessions court determines on the basis of an evaluation under § 52-6-102 that a criminal defendant is incompetent to stand trial due to an intellectual disability; or (2) The circuit or criminal court enters a verdict of not guilty by reason of insanity on a capital offense against a defendant with an intellectual disability. (b) Only the juvenile court that has jurisdiction of the child, or the circuit or criminal court before which the defendant's criminal case is pending or that would hear the case if the defendant were bound over to the grand jury, has jurisdiction to hear a complaint. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The district attorney general may file a complaint to require involuntary care and treatment of the defendant under § 52-5-404 only if: (1) The circuit, criminal, or general sessions court determines on the basis of an evaluation under § 52-6-102 that a criminal defendant is incompetent to stand trial due to an intellectual disability; or (2) The circuit or criminal court enters a verdict of not guilty by reason of insanity on a capital offense against a defendant with an intellectual disability.
(1) The circuit, criminal, or general sessions court determines on the basis of an evaluation under § 52-6-102 that a criminal defendant is incompetent to stand trial due to an intellectual disability; or
(2) The circuit or criminal court enters a verdict of not guilty by reason of insanity on a capital offense against a defendant with an intellectual disability.
(b) Only the juvenile court that has jurisdiction of the child, or the circuit or criminal court before which the defendant's criminal case is pending or that would hear the case if the defendant were bound over to the grand jury, has jurisdiction to hear a complaint.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-1-103 — TN Code / Title 52 / Chapter 1 / Section 52-1-103
Entitlement to services - Funding
Status: in_force

(a) This title does not create entitlement to services and supports from the state, except to the extent that services and supports are necessarily attached to deprivation of liberty by placement in facilities operated by the department. Implementation of any service or support at state expense under this title is subject to the availability of funds appropriated for that purpose in the general appropriations act. (b) While the department is charged with the planning and development of services for persons supported, such services are subject to the availability of funding and approval of any waiver amendments that are required to effectuate such new programs at such time that they are developed. The assignment of responsibility for services to the department does not create an entitlement to services for persons with a disability or who are older persons. Nor does it expand or affect in any way the population of persons who are currently eligible for programs and services currently available to persons with a disability or who are older persons. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) This title does not create entitlement to services and supports from the state, except to the extent that services and supports are necessarily attached to deprivation of liberty by placement in facilities operated by the department. Implementation of any service or support at state expense under this title is subject to the availability of funds appropriated for that purpose in the general appropriations act.
(b) While the department is charged with the planning and development of services for persons supported, such services are subject to the availability of funding and approval of any waiver amendments that are required to effectuate such new programs at such time that they are developed. The assignment of responsibility for services to the department does not create an entitlement to services for persons with a disability or who are older persons. Nor does it expand or affect in any way the population of persons who are currently eligible for programs and services currently available to persons with a disability or who are older persons.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-403 — TN Code / Title 52 / Chapter 2 / Section 52-2-403
Licensure for certain services and facilities - Exemptions, exclusions, and waivers - Review panel - Rulemaking
Status: in_force

(a) The department may license services and facilities operated for the provision of disability services and for personal support services. Subject to subsection (c), services and facilities operated for persons with an intellectual or developmental disability and personal support services for persons with an intellectual or developmental disability must be licensed by the department. A personal support services agency licensed by the department may also serve individuals with physical or other disabilities. Notwithstanding any references in this part to the licensing of "facilities" or "services," only persons, proprietorships, partnerships, associations, governmental agencies, or corporations may be listed on license applications or licenses as the licensed entity. (b) The following are exempt from licensing under this part: (1) Private practitioners who are authorized to practice by the boards of healing arts pursuant to title 63 and only in private practice in that capacity; (2) A person providing personal care solely to one (1) person with an intellectual or developmental disability, or other person supported receiving personal support services and not in a business arrangement with any other person supported. This exception in this subdivision (b)(2) does not apply to an individual who holds out to the public as being in the business of personal support services for compensation; (3) An individual providing service or support only to members of the person's own family or relatives; (4) An individual providing service or support that is not subject to licensing under any other title of this code and doing so only on a part-time basis as defined in department rules; (5) Foster homes that accept placements only from agencies of state government or licensed child-placing agencies; (6) Services or facilities providing employee assistance programs; (7) Services or facilities providing only employment placement; (8) Facilities that are appropriately licensed by the health facilities commission as a: (A) Hospital whose primary purpose is not the provision of mental health or developmental disabilities services; or (B) Satellite hospital, as defined by rules of the health facilities commission, whose primary purpose is the provision of mental health or developmental disabilities services, and that the department verifies to the health facilities commission as satisfying standards under this chapter; (9) Facilities that are operated by state, county, or municipal departments of education; the department of correction; the department of human services; or the department of children's services, and that affirmatively state that the primary purpose of the facility is other than the provision of intellectual or developmental disability services; (10) A person providing direct care services to no more than three (3) people receiving services through consumer direction in a medicaid home- and community-based services program. This subdivision (b)(10) does not apply to an individual who holds out to the public as being in the business of providing personal support services for compensation; and (11) An area agency on aging and disability, as defined in § 52-8-101 . (c) (1) A service or facility that can demonstrate compliance with rules and standards by a current personal support services license from another state agency is considered in compliance with rules and standards under this part so that duplicate licensing is not necessary. Personal support services agencies that provide services for the aged or persons with a mental illness and persons with an intellectual or developmental disability are not required to obtain a license from both the department of mental health and substance abuse services and the department of disability and aging. The departments shall work together to ensure that licensure standards for personal support services agencies are appropriate across all the populations that may be served and are consistently applied. (2) The licensing entity is determined based on the larger population served by the agency as of April 10, 2015, or, in the case of new applicants for licensure, the larger population anticipated to be served by the agency at the time of licensure application. (d) (1) The department shall appoint a review panel to review periodically all exclusions and waivers granted under the licensure law and perform other duties under this part. The department's legal counsel shall advise the panel. (2) The panel's membership consists of: (A) The commissioner or the commissioner's designee; (B) A representative of licensed intellectual disability community services and a representative of licensed developmental disability community services; (C) A representative of a licensed residential facility for persons with intellectual or developmental disabilities; (D) Five (5) representatives of persons supported; and (E) A representative of a personal support services agency. (3) The panel shall elect a chair and vice chair and shall report any findings directly to the commissioner. (4) The vote of a majority binds the panel. (5) Travel expenses for panel members must be reimbursed. All reimbursement for travel expenses must be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department may license services and facilities operated for the provision of disability services and for personal support services. Subject to subsection (c), services and facilities operated for persons with an intellectual or developmental disability and personal support services for persons with an intellectual or developmental disability must be licensed by the department. A personal support services agency licensed by the department may also serve individuals with physical or other disabilities. Notwithstanding any references in this part to the licensing of "facilities" or "services," only persons, proprietorships, partnerships, associations, governmental agencies, or corporations may be listed on license applications or licenses as the licensed entity.
(b) The following are exempt from licensing under this part: (1) Private practitioners who are authorized to practice by the boards of healing arts pursuant to title 63 and only in private practice in that capacity; (2) A person providing personal care solely to one (1) person with an intellectual or developmental disability, or other person supported receiving personal support services and not in a business arrangement with any other person supported. This exception in this subdivision (b)(2) does not apply to an individual who holds out to the public as being in the business of personal support services for compensation; (3) An individual providing service or support only to members of the person's own family or relatives; (4) An individual providing service or support that is not subject to licensing under any other title of this code and doing so only on a part-time basis as defined in department rules; (5) Foster homes that accept placements only from agencies of state government or licensed child-placing agencies; (6) Services or facilities providing employee assistance programs; (7) Services or facilities providing only employment placement; (8) Facilities that are appropriately licensed by the health facilities commission as a: (A) Hospital whose primary purpose is not the provision of mental health or developmental disabilities services; or (B) Satellite hospital, as defined by rules of the health facilities commission, whose primary purpose is the provision of mental health or developmental disabilities services, and that the department verifies to the health facilities commission as satisfying standards under this chapter; (9) Facilities that are operated by state, county, or municipal departments of education; the department of correction; the department of human services; or the department of children's services, and that affirmatively state that the primary purpose of the facility is other than the provision of intellectual or developmental disability services; (10) A person providing direct care services to no more than three (3) people receiving services through consumer direction in a medicaid home- and community-based services program. This subdivision (b)(10) does not apply to an individual who holds out to the public as being in the business of providing personal support services for compensation; and (11) An area agency on aging and disability, as defined in § 52-8-101 .
(1) Private practitioners who are authorized to practice by the boards of healing arts pursuant to title 63 and only in private practice in that capacity;
(2) A person providing personal care solely to one (1) person with an intellectual or developmental disability, or other person supported receiving personal support services and not in a business arrangement with any other person supported. This exception in this subdivision (b)(2) does not apply to an individual who holds out to the public as being in the business of personal support services for compensation;
(3) An individual providing service or support only to members of the person's own family or relatives;
(4) An individual providing service or support that is not subject to licensing under any other title of this code and doing so only on a part-time basis as defined in department rules;
(5) Foster homes that accept placements only from agencies of state government or licensed child-placing agencies;
(6) Services or facilities providing employee assistance programs;
(7) Services or facilities providing only employment placement;
(8) Facilities that are appropriately licensed by the health facilities commission as a: (A) Hospital whose primary purpose is not the provision of mental health or developmental disabilities services; or (B) Satellite hospital, as defined by rules of the health facilities commission, whose primary purpose is the provision of mental health or developmental disabilities services, and that the department verifies to the health facilities commission as satisfying standards under this chapter;
(A) Hospital whose primary purpose is not the provision of mental health or developmental disabilities services; or
(B) Satellite hospital, as defined by rules of the health facilities commission, whose primary purpose is the provision of mental health or developmental disabilities services, and that the department verifies to the health facilities commission as satisfying standards under this chapter;
(9) Facilities that are operated by state, county, or municipal departments of education; the department of correction; the department of human services; or the department of children's services, and that affirmatively state that the primary purpose of the facility is other than the provision of intellectual or developmental disability services;
(10) A person providing direct care services to no more than three (3) people receiving services through consumer direction in a medicaid home- and community-based services program. This subdivision (b)(10) does not apply to an individual who holds out to the public as being in the business of providing personal support services for compensation; and
(11) An area agency on aging and disability, as defined in § 52-8-101 .
(c) (1) A service or facility that can demonstrate compliance with rules and standards by a current personal support services license from another state agency is considered in compliance with rules and standards under this part so that duplicate licensing is not necessary. Personal support services agencies that provide services for the aged or persons with a mental illness and persons with an intellectual or developmental disability are not required to obtain a license from both the department of mental health and substance abuse services and the department of disability and aging. The departments shall work together to ensure that licensure standards for personal support services agencies are appropriate across all the populations that may be served and are consistently applied. (2) The licensing entity is determined based on the larger population served by the agency as of April 10, 2015, or, in the case of new applicants for licensure, the larger population anticipated to be served by the agency at the time of licensure application.
(1) A service or facility that can demonstrate compliance with rules and standards by a current personal support services license from another state agency is considered in compliance with rules and standards under this part so that duplicate licensing is not necessary. Personal support services agencies that provide services for the aged or persons with a mental illness and persons with an intellectual or developmental disability are not required to obtain a license from both the department of mental health and substance abuse services and the department of disability and aging. The departments shall work together to ensure that licensure standards for personal support services agencies are appropriate across all the populations that may be served and are consistently applied.
(2) The licensing entity is determined based on the larger population served by the agency as of April 10, 2015, or, in the case of new applicants for licensure, the larger population anticipated to be served by the agency at the time of licensure application.
(d) (1) The department shall appoint a review panel to review periodically all exclusions and waivers granted under the licensure law and perform other duties under this part. The department's legal counsel shall advise the panel. (2) The panel's membership consists of: (A) The commissioner or the commissioner's designee; (B) A representative of licensed intellectual disability community services and a representative of licensed developmental disability community services; (C) A representative of a licensed residential facility for persons with intellectual or developmental disabilities; (D) Five (5) representatives of persons supported; and (E) A representative of a personal support services agency. (3) The panel shall elect a chair and vice chair and shall report any findings directly to the commissioner. (4) The vote of a majority binds the panel. (5) Travel expenses for panel members must be reimbursed. All reimbursement for travel expenses must be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(1) The department shall appoint a review panel to review periodically all exclusions and waivers granted under the licensure law and perform other duties under this part. The department's legal counsel shall advise the panel.
(2) The panel's membership consists of: (A) The commissioner or the commissioner's designee; (B) A representative of licensed intellectual disability community services and a representative of licensed developmental disability community services; (C) A representative of a licensed residential facility for persons with intellectual or developmental disabilities; (D) Five (5) representatives of persons supported; and (E) A representative of a personal support services agency.
(A) The commissioner or the commissioner's designee;
(B) A representative of licensed intellectual disability community services and a representative of licensed developmental disability community services;
(C) A representative of a licensed residential facility for persons with intellectual or developmental disabilities;
(D) Five (5) representatives of persons supported; and
(E) A representative of a personal support services agency.
(3) The panel shall elect a chair and vice chair and shall report any findings directly to the commissioner.
(4) The vote of a majority binds the panel.
(5) Travel expenses for panel members must be reimbursed. All reimbursement for travel expenses must be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-405 — TN Code / Title 52 / Chapter 2 / Section 52-2-405
Unlicensed facility operation - Penalty
Status: in_force

(a) It is unlawful for a person, partnership, association, or corporation to own or operate a service or facility that provides intellectual or developmental disability services or personal support services within the meaning of this title without having obtained a license as required by this part. (b) A violation of this requirement is a Class B misdemeanor. (c) Each day of operation without a license constitutes a separate offense. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) It is unlawful for a person, partnership, association, or corporation to own or operate a service or facility that provides intellectual or developmental disability services or personal support services within the meaning of this title without having obtained a license as required by this part.
(b) A violation of this requirement is a Class B misdemeanor.
(c) Each day of operation without a license constitutes a separate offense.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-1-104 — TN Code / Title 52 / Chapter 1 / Section 52-1-104
Department powers and duties
Status: in_force

(a) The department shall: (1) Serve as the state's intellectual and developmental disability authority and be responsible for system planning, setting policy and quality standards, system monitoring and evaluation, disseminating public information, and advocacy for persons of all ages who have an intellectual or developmental disability; (2) Be designated as the sole state agency to plan and administer all state activities related to and authorized under the Older Americans Act ( 42 U.S.C. § 3001 et seq.), with the exception of Title V activities under the Older Americans Act ( 42 U.S.C. §§ 3056 - 3056p ), which are administered by the department of labor and workforce development; and (3) Serve as an advocate within the government and the community for older persons and persons with disabilities in this state. (b) The department may: (1) Enter into contractual agreements in furtherance of its functions; (2) Accept grants and gifts of funds and other property of whatever kind from any source, administer the same according to the terms of the grants or gifts, and enter cooperative programs with private and public instrumentalities, including the federal government, to improve services and supports in this state for persons with disabilities and older persons; (3) Enter into contracts with other states, political subdivisions, or corporations chartered in this state or other states for the purpose of providing preventive and treatment services and supports for persons supported by establishing or supporting various facilities in cooperation with the political or corporate bodies; (4) Establish or review pilot projects relating to intellectual or developmental disabilities, including, but not limited to, projects to provide, develop, or plan service and support for its persons supported or their families through direct administration or through contracting with service providers, as well as research, pilot projects, and programs designed to promote and encourage healthy aging. Pilot projects are subject to other state and federal laws; (5) Allocate state funds for projects and programs for persons with disabilities and older persons, subject to the limits of the appropriation by the general assembly, and funds available or received from the federal government for such projects and programs. The department is authorized to accept funds from the federal government and private sources and to administer such funds to achieve its purposes under this title; (6) Make grants to and contracts with, under terms and conditions that the commissioner prescribes, any county, city, state or local government, educational institution, profit or nonprofit corporation, or any combination thereof for the construction, maintenance, or operation of facilities, programs, or an array of high-quality prevention, early intervention, treatment, and habilitation services and supports for persons supported and their families; (7) Enter into cooperative programs for the construction, maintenance, or operation of facilities, programs, or services to provide care, habilitation, and treatment for persons supported; (8) Promulgate and enforce rules that are necessary for the efficient financial management and lawful operation of the facilities, programs, and services; (9) Construct, maintain, and operate the facilities, programs, or services; (10) Conduct evaluations and prepare reports in accordance with the terms of the Older Americans Act and other state and federal laws; (11) Independently, or in coordination with other agencies, conduct research and develop and implement demonstration projects and programs that provide training, education, and services to advance the interests of persons with disabilities and older persons; (12) Independently, or in coordination with other agencies, conduct, develop, and implement research, pilot projects, and programs designed to promote and encourage healthy aging; (13) Stimulate more effective use of existing resources and services for persons with disabilities and older persons and develop programs, opportunities, and services that are not otherwise provided for those persons, with the aim of developing a comprehensive and coordinated system for the delivery of health and social services; (14) Establish a structured information system to gather all data necessary to carry out its duties with respect to planning, needs assessment, standard setting, evaluation, and promotion of the development of services and supports for the person supported population, including persons who may become a person supported. The department shall design the system to avoid duplication of information gathering by other public agencies and to minimize acquisition of personally identifiable person supported information. All public and private providers who serve persons with an intellectual or developmental disability, regardless of whether the provider is licensed under this title or other titles of this code or is unlicensed, shall provide the information required for the information system in a way consistent with this title and other state and federal laws; and (15) Assume temporary operating responsibility of a service provider agency to assure continuity of care and the health and safety of persons supported, if the department determines that an emergency substantially impairs the service provider agency's capacity to provide service to its persons supported and jeopardizes the health or safety of its persons supported. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall: (1) Serve as the state's intellectual and developmental disability authority and be responsible for system planning, setting policy and quality standards, system monitoring and evaluation, disseminating public information, and advocacy for persons of all ages who have an intellectual or developmental disability; (2) Be designated as the sole state agency to plan and administer all state activities related to and authorized under the Older Americans Act ( 42 U.S.C. § 3001 et seq.), with the exception of Title V activities under the Older Americans Act ( 42 U.S.C. §§ 3056 - 3056p ), which are administered by the department of labor and workforce development; and (3) Serve as an advocate within the government and the community for older persons and persons with disabilities in this state.
(1) Serve as the state's intellectual and developmental disability authority and be responsible for system planning, setting policy and quality standards, system monitoring and evaluation, disseminating public information, and advocacy for persons of all ages who have an intellectual or developmental disability;
(2) Be designated as the sole state agency to plan and administer all state activities related to and authorized under the Older Americans Act ( 42 U.S.C. § 3001 et seq.), with the exception of Title V activities under the Older Americans Act ( 42 U.S.C. §§ 3056 - 3056p ), which are administered by the department of labor and workforce development; and
(3) Serve as an advocate within the government and the community for older persons and persons with disabilities in this state.
(b) The department may: (1) Enter into contractual agreements in furtherance of its functions; (2) Accept grants and gifts of funds and other property of whatever kind from any source, administer the same according to the terms of the grants or gifts, and enter cooperative programs with private and public instrumentalities, including the federal government, to improve services and supports in this state for persons with disabilities and older persons; (3) Enter into contracts with other states, political subdivisions, or corporations chartered in this state or other states for the purpose of providing preventive and treatment services and supports for persons supported by establishing or supporting various facilities in cooperation with the political or corporate bodies; (4) Establish or review pilot projects relating to intellectual or developmental disabilities, including, but not limited to, projects to provide, develop, or plan service and support for its persons supported or their families through direct administration or through contracting with service providers, as well as research, pilot projects, and programs designed to promote and encourage healthy aging. Pilot projects are subject to other state and federal laws; (5) Allocate state funds for projects and programs for persons with disabilities and older persons, subject to the limits of the appropriation by the general assembly, and funds available or received from the federal government for such projects and programs. The department is authorized to accept funds from the federal government and private sources and to administer such funds to achieve its purposes under this title; (6) Make grants to and contracts with, under terms and conditions that the commissioner prescribes, any county, city, state or local government, educational institution, profit or nonprofit corporation, or any combination thereof for the construction, maintenance, or operation of facilities, programs, or an array of high-quality prevention, early intervention, treatment, and habilitation services and supports for persons supported and their families; (7) Enter into cooperative programs for the construction, maintenance, or operation of facilities, programs, or services to provide care, habilitation, and treatment for persons supported; (8) Promulgate and enforce rules that are necessary for the efficient financial management and lawful operation of the facilities, programs, and services; (9) Construct, maintain, and operate the facilities, programs, or services; (10) Conduct evaluations and prepare reports in accordance with the terms of the Older Americans Act and other state and federal laws; (11) Independently, or in coordination with other agencies, conduct research and develop and implement demonstration projects and programs that provide training, education, and services to advance the interests of persons with disabilities and older persons; (12) Independently, or in coordination with other agencies, conduct, develop, and implement research, pilot projects, and programs designed to promote and encourage healthy aging; (13) Stimulate more effective use of existing resources and services for persons with disabilities and older persons and develop programs, opportunities, and services that are not otherwise provided for those persons, with the aim of developing a comprehensive and coordinated system for the delivery of health and social services; (14) Establish a structured information system to gather all data necessary to carry out its duties with respect to planning, needs assessment, standard setting, evaluation, and promotion of the development of services and supports for the person supported population, including persons who may become a person supported. The department shall design the system to avoid duplication of information gathering by other public agencies and to minimize acquisition of personally identifiable person supported information. All public and private providers who serve persons with an intellectual or developmental disability, regardless of whether the provider is licensed under this title or other titles of this code or is unlicensed, shall provide the information required for the information system in a way consistent with this title and other state and federal laws; and (15) Assume temporary operating responsibility of a service provider agency to assure continuity of care and the health and safety of persons supported, if the department determines that an emergency substantially impairs the service provider agency's capacity to provide service to its persons supported and jeopardizes the health or safety of its persons supported.
(1) Enter into contractual agreements in furtherance of its functions;
(2) Accept grants and gifts of funds and other property of whatever kind from any source, administer the same according to the terms of the grants or gifts, and enter cooperative programs with private and public instrumentalities, including the federal government, to improve services and supports in this state for persons with disabilities and older persons;
(3) Enter into contracts with other states, political subdivisions, or corporations chartered in this state or other states for the purpose of providing preventive and treatment services and supports for persons supported by establishing or supporting various facilities in cooperation with the political or corporate bodies;
(4) Establish or review pilot projects relating to intellectual or developmental disabilities, including, but not limited to, projects to provide, develop, or plan service and support for its persons supported or their families through direct administration or through contracting with service providers, as well as research, pilot projects, and programs designed to promote and encourage healthy aging. Pilot projects are subject to other state and federal laws;
(5) Allocate state funds for projects and programs for persons with disabilities and older persons, subject to the limits of the appropriation by the general assembly, and funds available or received from the federal government for such projects and programs. The department is authorized to accept funds from the federal government and private sources and to administer such funds to achieve its purposes under this title;
(6) Make grants to and contracts with, under terms and conditions that the commissioner prescribes, any county, city, state or local government, educational institution, profit or nonprofit corporation, or any combination thereof for the construction, maintenance, or operation of facilities, programs, or an array of high-quality prevention, early intervention, treatment, and habilitation services and supports for persons supported and their families;
(7) Enter into cooperative programs for the construction, maintenance, or operation of facilities, programs, or services to provide care, habilitation, and treatment for persons supported;
(8) Promulgate and enforce rules that are necessary for the efficient financial management and lawful operation of the facilities, programs, and services;
(9) Construct, maintain, and operate the facilities, programs, or services;
(10) Conduct evaluations and prepare reports in accordance with the terms of the Older Americans Act and other state and federal laws;
(11) Independently, or in coordination with other agencies, conduct research and develop and implement demonstration projects and programs that provide training, education, and services to advance the interests of persons with disabilities and older persons;
(12) Independently, or in coordination with other agencies, conduct, develop, and implement research, pilot projects, and programs designed to promote and encourage healthy aging;
(13) Stimulate more effective use of existing resources and services for persons with disabilities and older persons and develop programs, opportunities, and services that are not otherwise provided for those persons, with the aim of developing a comprehensive and coordinated system for the delivery of health and social services;
(14) Establish a structured information system to gather all data necessary to carry out its duties with respect to planning, needs assessment, standard setting, evaluation, and promotion of the development of services and supports for the person supported population, including persons who may become a person supported. The department shall design the system to avoid duplication of information gathering by other public agencies and to minimize acquisition of personally identifiable person supported information. All public and private providers who serve persons with an intellectual or developmental disability, regardless of whether the provider is licensed under this title or other titles of this code or is unlicensed, shall provide the information required for the information system in a way consistent with this title and other state and federal laws; and
(15) Assume temporary operating responsibility of a service provider agency to assure continuity of care and the health and safety of persons supported, if the department determines that an emergency substantially impairs the service provider agency's capacity to provide service to its persons supported and jeopardizes the health or safety of its persons supported.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-402 — TN Code / Title 52 / Chapter 2 / Section 52-2-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Abuse" means the knowing infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish; (2) "Consumer direction" means a model of service delivery for certain medicaid home and community-based services in which the person receiving the services, family member, or other representative employs and supervises the individual who provides the services; (3) "Facility" means a treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, community mental health center, counseling center, clinic, group home, halfway house, or any other entity that provides an intellectual or developmental disability service; (4) "Licensee" means a person, proprietorship, partnership, association, governmental agency, or corporation, which operates a facility or a service and has obtained a license under this part; (5) "Misappropriation of property" means the deliberate misplacement; exploitation; or wrongful, temporary, or permanent use of belongings or money of another person without consent; (6) "Neglect" means failure to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness, which results in injury or probable risk of serious harm; (7) "Personal support services" means nursing consultation, education services, and other personal assistance services as defined by rule, which are provided to individuals with substantial limitation in two (2) or more major life activities in either their regular or temporary residences, but does not mean direct nursing services provided in connection with an acute episode of illness or injury; (8) "Reputable and responsible character" means that the applicant or licensee can be trusted with responsibility for persons who are particularly vulnerable to abuse, neglect, and financial or sexual exploitation; and (9) "Service" includes any activity to prevent, treat, or ameliorate an intellectual or developmental disability, which includes diagnosis, evaluation, residential assistance, training, habilitation, rehabilitation, prevention, treatment, counseling, case coordination, or supervision of persons with an intellectual or developmental disability. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
As used in this part, unless the context otherwise requires:
(1) "Abuse" means the knowing infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;
(2) "Consumer direction" means a model of service delivery for certain medicaid home and community-based services in which the person receiving the services, family member, or other representative employs and supervises the individual who provides the services;
(3) "Facility" means a treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, community mental health center, counseling center, clinic, group home, halfway house, or any other entity that provides an intellectual or developmental disability service;
(4) "Licensee" means a person, proprietorship, partnership, association, governmental agency, or corporation, which operates a facility or a service and has obtained a license under this part;
(5) "Misappropriation of property" means the deliberate misplacement; exploitation; or wrongful, temporary, or permanent use of belongings or money of another person without consent;
(6) "Neglect" means failure to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness, which results in injury or probable risk of serious harm;
(7) "Personal support services" means nursing consultation, education services, and other personal assistance services as defined by rule, which are provided to individuals with substantial limitation in two (2) or more major life activities in either their regular or temporary residences, but does not mean direct nursing services provided in connection with an acute episode of illness or injury;
(8) "Reputable and responsible character" means that the applicant or licensee can be trusted with responsibility for persons who are particularly vulnerable to abuse, neglect, and financial or sexual exploitation; and
(9) "Service" includes any activity to prevent, treat, or ameliorate an intellectual or developmental disability, which includes diagnosis, evaluation, residential assistance, training, habilitation, rehabilitation, prevention, treatment, counseling, case coordination, or supervision of persons with an intellectual or developmental disability.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-419 — TN Code / Title 52 / Chapter 2 / Section 52-2-419
Training and continuing education
Status: in_force

(a) Any individual employed by a personal support services agency to provide personal support services must complete standardized training and continuing education under department rules. (b) The department may create classifications for personal support services agencies specializing in a type of service or care and may require additional training and continuing education for those classifications. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Any individual employed by a personal support services agency to provide personal support services must complete standardized training and continuing education under department rules.
(b) The department may create classifications for personal support services agencies specializing in a type of service or care and may require additional training and continuing education for those classifications.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-905 — TN Code / Title 52 / Chapter 2 / Section 52-2-905
Liable parties - Duty to provide information
Status: in_force

(a) The person supported who receives services and supports, the person supported's conservator or guardian, and persons who are legally liable for charges for services and supports shall furnish all information that the department deems necessary to determine the person's financial liability. (b) If a person willfully refuses to provide the information or knowingly provides false information that results in an underassessment of liability, then the person is liable for the total charges for services and supports provided and for the amount of the state's expenses incurred in recovering the amounts, including attorney salaries or fees. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The person supported who receives services and supports, the person supported's conservator or guardian, and persons who are legally liable for charges for services and supports shall furnish all information that the department deems necessary to determine the person's financial liability.
(b) If a person willfully refuses to provide the information or knowingly provides false information that results in an underassessment of liability, then the person is liable for the total charges for services and supports provided and for the amount of the state's expenses incurred in recovering the amounts, including attorney salaries or fees.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-204 — TN Code / Title 52 / Chapter 8 / Section 52-8-204
Office of long-term care ombudsman
Status: in_force

(a) Within the department there is established an office of the state long-term care ombudsman, which carries out those functions delineated in the Older Americans Act. (b) The office shall designate and contract with, either directly or through the area agency on aging, a local grantee to establish and operate a local ombudsman program in each of the designated planning and service areas. Each local ombudsman program shall carry out the duties of the office in each area through paid staff and trained volunteers. For the purposes of carrying out those duties, and only to the extent required by the Older Americans Act, each local program unit is considered to be a subdivision of the office; provided, that this subsection (b) has no effect upon the character of local government or private agencies or corporations, and they are not considered to be agencies of this state. (c) Paid staff and volunteers must be trained as required by and under the supervision of the office, which shall certify those persons who have been properly trained as representatives of the office; provided, that local program employees and volunteers are not considered to be employees of this state. The office shall maintain a current listing of certified representatives. Certified representatives are immune from liability for acts or omissions committed within the scope of their assigned duties, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Within the department there is established an office of the state long-term care ombudsman, which carries out those functions delineated in the Older Americans Act.
(b) The office shall designate and contract with, either directly or through the area agency on aging, a local grantee to establish and operate a local ombudsman program in each of the designated planning and service areas. Each local ombudsman program shall carry out the duties of the office in each area through paid staff and trained volunteers. For the purposes of carrying out those duties, and only to the extent required by the Older Americans Act, each local program unit is considered to be a subdivision of the office; provided, that this subsection (b) has no effect upon the character of local government or private agencies or corporations, and they are not considered to be agencies of this state.
(c) Paid staff and volunteers must be trained as required by and under the supervision of the office, which shall certify those persons who have been properly trained as representatives of the office; provided, that local program employees and volunteers are not considered to be employees of this state. The office shall maintain a current listing of certified representatives. Certified representatives are immune from liability for acts or omissions committed within the scope of their assigned duties, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-108 — TN Code / Title 52 / Chapter 3 / Section 52-3-108
Reports of harm - Granting access to records - Disclosure of identity
Status: in_force

(a) Section 52-3-103 does not preclude making reports of harm or granting access to records if making reports of harm or granting access to records is: (1) Expressly required by title 37, chapter 1, part 4; (2) Expressly required by title 37, chapter 1, part 6; (3) Expressly required by title 71, chapter 6; or (4) Requested by a state or federal entity investigating reports of abuse, neglect, or exploitation under the respective authority of that state or federal entity. (b) (1) The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation, or mistreatment to the department is confidential and must not be disclosed without the person's consent, except as follows: (A) As necessary to carry out the laws cited in subsection (a); (B) To employees of the department as necessary to investigate the report; (C) To the abuse registry established and maintained under title 68, chapter 11, part 10; (D) To the appropriate district attorney general; (E) By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation, or mistreatment; or (F) By order of a court or administrative law judge in a proceeding involving sanctions or disciplinary actions against a caregiver or an entity accused of abuse, exploitation, fraud, neglect, misappropriation, or mistreatment, when it appears to such court or administrative law judge that the person making the report is or may be a witness to facts relevant to the proceeding. (2) The person's identity is irrelevant to any civil proceeding and is not subject to disclosure, except in cases where a caregiver or other person is the subject of a complaint and can make a showing that the complaint was made with malice so that the caregiver or other person may pursue such remedies as may be permitted by law. The person may be subpoenaed if the department or district attorney general deems it necessary to protect the person supported who is the subject of the report, but the fact that the person made the report must not be disclosed. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Section 52-3-103 does not preclude making reports of harm or granting access to records if making reports of harm or granting access to records is: (1) Expressly required by title 37, chapter 1, part 4; (2) Expressly required by title 37, chapter 1, part 6; (3) Expressly required by title 71, chapter 6; or (4) Requested by a state or federal entity investigating reports of abuse, neglect, or exploitation under the respective authority of that state or federal entity.
(1) Expressly required by title 37, chapter 1, part 4;
(2) Expressly required by title 37, chapter 1, part 6;
(3) Expressly required by title 71, chapter 6; or
(4) Requested by a state or federal entity investigating reports of abuse, neglect, or exploitation under the respective authority of that state or federal entity.
(b) (1) The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation, or mistreatment to the department is confidential and must not be disclosed without the person's consent, except as follows: (A) As necessary to carry out the laws cited in subsection (a); (B) To employees of the department as necessary to investigate the report; (C) To the abuse registry established and maintained under title 68, chapter 11, part 10; (D) To the appropriate district attorney general; (E) By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation, or mistreatment; or (F) By order of a court or administrative law judge in a proceeding involving sanctions or disciplinary actions against a caregiver or an entity accused of abuse, exploitation, fraud, neglect, misappropriation, or mistreatment, when it appears to such court or administrative law judge that the person making the report is or may be a witness to facts relevant to the proceeding. (2) The person's identity is irrelevant to any civil proceeding and is not subject to disclosure, except in cases where a caregiver or other person is the subject of a complaint and can make a showing that the complaint was made with malice so that the caregiver or other person may pursue such remedies as may be permitted by law. The person may be subpoenaed if the department or district attorney general deems it necessary to protect the person supported who is the subject of the report, but the fact that the person made the report must not be disclosed.
(1) The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation, or mistreatment to the department is confidential and must not be disclosed without the person's consent, except as follows: (A) As necessary to carry out the laws cited in subsection (a); (B) To employees of the department as necessary to investigate the report; (C) To the abuse registry established and maintained under title 68, chapter 11, part 10; (D) To the appropriate district attorney general; (E) By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation, or mistreatment; or (F) By order of a court or administrative law judge in a proceeding involving sanctions or disciplinary actions against a caregiver or an entity accused of abuse, exploitation, fraud, neglect, misappropriation, or mistreatment, when it appears to such court or administrative law judge that the person making the report is or may be a witness to facts relevant to the proceeding.
(A) As necessary to carry out the laws cited in subsection (a);
(B) To employees of the department as necessary to investigate the report;
(C) To the abuse registry established and maintained under title 68, chapter 11, part 10;
(D) To the appropriate district attorney general;
(E) By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation, or mistreatment; or
(F) By order of a court or administrative law judge in a proceeding involving sanctions or disciplinary actions against a caregiver or an entity accused of abuse, exploitation, fraud, neglect, misappropriation, or mistreatment, when it appears to such court or administrative law judge that the person making the report is or may be a witness to facts relevant to the proceeding.
(2) The person's identity is irrelevant to any civil proceeding and is not subject to disclosure, except in cases where a caregiver or other person is the subject of a complaint and can make a showing that the complaint was made with malice so that the caregiver or other person may pursue such remedies as may be permitted by law. The person may be subpoenaed if the department or district attorney general deems it necessary to protect the person supported who is the subject of the report, but the fact that the person made the report must not be disclosed.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-602 — TN Code / Title 52 / Chapter 3 / Section 52-3-602
False information - Furnishing - Penalty
Status: in_force

It is a Class C misdemeanor for any person to knowingly furnish false information for the purpose of securing the commitment of any person to a facility for persons with an intellectual or developmental disability. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
It is a Class C misdemeanor for any person to knowingly furnish false information for the purpose of securing the commitment of any person to a facility for persons with an intellectual or developmental disability.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-409 — TN Code / Title 52 / Chapter 2 / Section 52-2-409
Civil penalties
Status: in_force

(a) A civil penalty of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) may be imposed on a licensee for a violation of this title or a rule promulgated pursuant to this title. (b) A civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) may be imposed on a licensee for a second or subsequent violation of the same kind committed within twelve (12) months of the first penalty being imposed. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A civil penalty of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) may be imposed on a licensee for a violation of this title or a rule promulgated pursuant to this title.
(b) A civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) may be imposed on a licensee for a second or subsequent violation of the same kind committed within twelve (12) months of the first penalty being imposed.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-404 — TN Code / Title 52 / Chapter 3 / Section 52-3-404
Use of audio-visual technology for judicial proceedings
Status: in_force

(a) (1) Any judicial proceeding under this title may be conducted by the use of audio-visual technology as set out in this section. (2) For any other proceedings under this title, the use of audio-visual technology is permissible with the agreement of all parties and at the court's discretion. (b) Subject to the availability of suitable equipment and notwithstanding any law to the contrary, proceedings may be conducted through two-way electronic audio-video communication without the physical presence of the parties, witnesses, or attorneys before the court. Any such hearing must be conducted so that: (1) The judge, parties, and their attorneys can see and hear each other throughout the entire hearing, except for the private communications excluded under subdivision (b)(5); (2) The judge, parties, and their attorneys can see and hear all witnesses while they testify orally during the hearing; (3) The judge, parties, and their attorneys can hear all questions asked of witnesses during their testimony; (4) The judge, parties, and their attorneys can hear all questions, statements, objections, motions, and arguments of any attorney or party participating in the hearing; and (5) The parties and their respective attorneys can communicate privately with each other during the hearing. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) (1) Any judicial proceeding under this title may be conducted by the use of audio-visual technology as set out in this section. (2) For any other proceedings under this title, the use of audio-visual technology is permissible with the agreement of all parties and at the court's discretion.
(1) Any judicial proceeding under this title may be conducted by the use of audio-visual technology as set out in this section.
(2) For any other proceedings under this title, the use of audio-visual technology is permissible with the agreement of all parties and at the court's discretion.
(b) Subject to the availability of suitable equipment and notwithstanding any law to the contrary, proceedings may be conducted through two-way electronic audio-video communication without the physical presence of the parties, witnesses, or attorneys before the court. Any such hearing must be conducted so that: (1) The judge, parties, and their attorneys can see and hear each other throughout the entire hearing, except for the private communications excluded under subdivision (b)(5); (2) The judge, parties, and their attorneys can see and hear all witnesses while they testify orally during the hearing; (3) The judge, parties, and their attorneys can hear all questions asked of witnesses during their testimony; (4) The judge, parties, and their attorneys can hear all questions, statements, objections, motions, and arguments of any attorney or party participating in the hearing; and (5) The parties and their respective attorneys can communicate privately with each other during the hearing.
(1) The judge, parties, and their attorneys can see and hear each other throughout the entire hearing, except for the private communications excluded under subdivision (b)(5);
(2) The judge, parties, and their attorneys can see and hear all witnesses while they testify orally during the hearing;
(3) The judge, parties, and their attorneys can hear all questions asked of witnesses during their testimony;
(4) The judge, parties, and their attorneys can hear all questions, statements, objections, motions, and arguments of any attorney or party participating in the hearing; and
(5) The parties and their respective attorneys can communicate privately with each other during the hearing.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-4-102 — TN Code / Title 52 / Chapter 4 / Section 52-4-102
Unauthorized leave
Status: in_force

If a person admitted under court order leaves a facility without authority, then the facility must immediately notify the court regardless of the length of the person's absence. If the person is taken into custody, then the person may be returned to the facility upon an order by the court. After thirty (30) days' absence, the person may be dropped from the facility's records. A return after thirty (30) days' absence is a new admission. A person's absence beyond thirty (30) days does not limit the power of the court to order the person's return to a facility under this section. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If a person admitted under court order leaves a facility without authority, then the facility must immediately notify the court regardless of the length of the person's absence. If the person is taken into custody, then the person may be returned to the facility upon an order by the court. After thirty (30) days' absence, the person may be dropped from the facility's records. A return after thirty (30) days' absence is a new admission. A person's absence beyond thirty (30) days does not limit the power of the court to order the person's return to a facility under this section.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-101 — TN Code / Title 52 / Chapter 8 / Section 52-8-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Area agency on aging and disability" means any agency that has been designated by the department to plan for and provide services to older persons and adults with disabilities within a defined geographic area; (2) "Commission" means the commission on aging and disability created under § 52-8-102 ; (3) "Home- and community-based long-term care" means supportive services, including, but not limited to, personal assistance, homemaker and chore services, adult day services, assistive technology, home-delivered meals, assisted transportation and mobility services, respite and hospice care, and rehabilitative care, that are provided to older persons and adults with disabilities to help them to remain independent, avoid inappropriate institutionalization, and maintain physical, social, and spiritual independence in the least restrictive environment; (4) "Older Americans Act" means the Older Americans Act of 1965, as amended ( 42 U.S.C. § 3001 et seq.); and (5) "Planning and service area" means a geographical division of this state that serves as an administrative unit for the purpose of planning and delivering services to older persons. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
As used in this chapter, unless the context otherwise requires:
(1) "Area agency on aging and disability" means any agency that has been designated by the department to plan for and provide services to older persons and adults with disabilities within a defined geographic area;
(2) "Commission" means the commission on aging and disability created under § 52-8-102 ;
(3) "Home- and community-based long-term care" means supportive services, including, but not limited to, personal assistance, homemaker and chore services, adult day services, assistive technology, home-delivered meals, assisted transportation and mobility services, respite and hospice care, and rehabilitative care, that are provided to older persons and adults with disabilities to help them to remain independent, avoid inappropriate institutionalization, and maintain physical, social, and spiritual independence in the least restrictive environment;
(4) "Older Americans Act" means the Older Americans Act of 1965, as amended ( 42 U.S.C. § 3001 et seq.); and
(5) "Planning and service area" means a geographical division of this state that serves as an administrative unit for the purpose of planning and delivering services to older persons.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-421 — TN Code / Title 52 / Chapter 2 / Section 52-2-421
Personal support services - Consumer notices - Notices
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Personal support services agency": (A) Means a sole proprietorship, partnership, corporation, limited liability company, or a limited partnership that provides personal support services as defined in this part; and (B) Includes an entity that employs or subcontracts with individuals who provide personal support services to persons supported; and (2) "Personal support services worker" means a person licensed as a personal support services agency, or an employee or an individual subcontracted by a personal support services agency who is providing personal support services pursuant to an arrangement between a person supported and a personal support services agency. (b) In addition to the standards and requirements for personal support services as established by rules adopted by the department, personal support services agencies shall comply with the requirements in this section. (c) A personal support services agency shall provide to each person supported a consumer notice before beginning service, which must include, at a minimum, the following: (1) The duties, responsibilities, obligations, and legal liabilities of the personal support services agency, the personal support services worker, and the person supported. The description must clearly set forth the responsibility, if any, of the person supported for: (A) Day-to-day supervision of the personal support services workers; (B) Assigning duties to the personal support services worker; (C) Hiring, firing, and discipline of the personal support services worker; (D) Provision of equipment or materials for use by the personal support services worker; (E) Performing a criminal background check on the personal support services worker; (F) Checking the personal support services worker's references; and (G) Ensuring credentials and appropriate licensure and certification of a personal support services worker; and (2) A statement identifying the personal support services agency as an employer, or contractor, as applicable, of the personal support services worker along with the responsibility the personal support services agency will assume for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, workers' compensation, and unemployment compensation payments. (d) A personal support services agency shall provide a notice to each personal support services worker who is placed with a person supported before the worker provides any service to the person supported. The worker notice must contain the following information: (1) The relationship between the personal support services agency and the personal support services workers; and (2) A description of the duties, responsibilities, obligations, and legal liabilities of the personal support services agency, the person supported, and the personal support services worker. The description must include the following information: (A) A statement identifying the employing or contracting personal support services agency as responsible for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, unemployment, and workers' compensation insurance as prescribed by state and federal law; and (B) A statement identifying which party is responsible for the personal support services worker's hiring, firing, discipline, day-to-day supervision, assignment of duties, and provision of equipment or materials for use by the personal support services worker. (e) The notices required under subsection (c) must be signed by the person supported or the person's authorized representative and retained by the personal support services agency at its office for not less than two (2) years following termination of service. 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) "Personal support services agency": (A) Means a sole proprietorship, partnership, corporation, limited liability company, or a limited partnership that provides personal support services as defined in this part; and (B) Includes an entity that employs or subcontracts with individuals who provide personal support services to persons supported; and (2) "Personal support services worker" means a person licensed as a personal support services agency, or an employee or an individual subcontracted by a personal support services agency who is providing personal support services pursuant to an arrangement between a person supported and a personal support services agency.
(1) "Personal support services agency": (A) Means a sole proprietorship, partnership, corporation, limited liability company, or a limited partnership that provides personal support services as defined in this part; and (B) Includes an entity that employs or subcontracts with individuals who provide personal support services to persons supported; and
(A) Means a sole proprietorship, partnership, corporation, limited liability company, or a limited partnership that provides personal support services as defined in this part; and
(B) Includes an entity that employs or subcontracts with individuals who provide personal support services to persons supported; and
(2) "Personal support services worker" means a person licensed as a personal support services agency, or an employee or an individual subcontracted by a personal support services agency who is providing personal support services pursuant to an arrangement between a person supported and a personal support services agency.
(b) In addition to the standards and requirements for personal support services as established by rules adopted by the department, personal support services agencies shall comply with the requirements in this section.
(c) A personal support services agency shall provide to each person supported a consumer notice before beginning service, which must include, at a minimum, the following: (1) The duties, responsibilities, obligations, and legal liabilities of the personal support services agency, the personal support services worker, and the person supported. The description must clearly set forth the responsibility, if any, of the person supported for: (A) Day-to-day supervision of the personal support services workers; (B) Assigning duties to the personal support services worker; (C) Hiring, firing, and discipline of the personal support services worker; (D) Provision of equipment or materials for use by the personal support services worker; (E) Performing a criminal background check on the personal support services worker; (F) Checking the personal support services worker's references; and (G) Ensuring credentials and appropriate licensure and certification of a personal support services worker; and (2) A statement identifying the personal support services agency as an employer, or contractor, as applicable, of the personal support services worker along with the responsibility the personal support services agency will assume for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, workers' compensation, and unemployment compensation payments.
(1) The duties, responsibilities, obligations, and legal liabilities of the personal support services agency, the personal support services worker, and the person supported. The description must clearly set forth the responsibility, if any, of the person supported for: (A) Day-to-day supervision of the personal support services workers; (B) Assigning duties to the personal support services worker; (C) Hiring, firing, and discipline of the personal support services worker; (D) Provision of equipment or materials for use by the personal support services worker; (E) Performing a criminal background check on the personal support services worker; (F) Checking the personal support services worker's references; and (G) Ensuring credentials and appropriate licensure and certification of a personal support services worker; and
(A) Day-to-day supervision of the personal support services workers;
(B) Assigning duties to the personal support services worker;
(C) Hiring, firing, and discipline of the personal support services worker;
(D) Provision of equipment or materials for use by the personal support services worker;
(E) Performing a criminal background check on the personal support services worker;
(F) Checking the personal support services worker's references; and
(G) Ensuring credentials and appropriate licensure and certification of a personal support services worker; and
(2) A statement identifying the personal support services agency as an employer, or contractor, as applicable, of the personal support services worker along with the responsibility the personal support services agency will assume for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, workers' compensation, and unemployment compensation payments.
(d) A personal support services agency shall provide a notice to each personal support services worker who is placed with a person supported before the worker provides any service to the person supported. The worker notice must contain the following information: (1) The relationship between the personal support services agency and the personal support services workers; and (2) A description of the duties, responsibilities, obligations, and legal liabilities of the personal support services agency, the person supported, and the personal support services worker. The description must include the following information: (A) A statement identifying the employing or contracting personal support services agency as responsible for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, unemployment, and workers' compensation insurance as prescribed by state and federal law; and (B) A statement identifying which party is responsible for the personal support services worker's hiring, firing, discipline, day-to-day supervision, assignment of duties, and provision of equipment or materials for use by the personal support services worker.
(1) The relationship between the personal support services agency and the personal support services workers; and
(2) A description of the duties, responsibilities, obligations, and legal liabilities of the personal support services agency, the person supported, and the personal support services worker. The description must include the following information: (A) A statement identifying the employing or contracting personal support services agency as responsible for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, unemployment, and workers' compensation insurance as prescribed by state and federal law; and (B) A statement identifying which party is responsible for the personal support services worker's hiring, firing, discipline, day-to-day supervision, assignment of duties, and provision of equipment or materials for use by the personal support services worker.
(A) A statement identifying the employing or contracting personal support services agency as responsible for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, unemployment, and workers' compensation insurance as prescribed by state and federal law; and
(B) A statement identifying which party is responsible for the personal support services worker's hiring, firing, discipline, day-to-day supervision, assignment of duties, and provision of equipment or materials for use by the personal support services worker.
(e) The notices required under subsection (c) must be signed by the person supported or the person's authorized representative and retained by the personal support services agency at its office for not less than two (2) years following termination of service.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-106 — TN Code / Title 52 / Chapter 2 / Section 52-2-106
Services and support requirements - Geographic availability - Reports
Status: in_force

(a) It is the intent of the general assembly that the system of care developed pursuant to this part provides a comprehensive array of services and supports that are geographically available, are equitably and efficiently allocated statewide and in each grand division of the state, and allow people to be in their own community settings, based on the needs and choices of individuals and families served. Services and supports provided to persons generally and as part of the medical assistance program, pursuant to title 71, chapter 5, shall seek to alleviate geographic service and support disparities across this state and its grand divisions. In striving to alleviate the geographic disparities, the state should seek to allocate budget improvements and other new resources in a manner that promotes equitable distribution of services and supports among the grand divisions of this state. (b) In order to implement subsection (a), the state shall strive to avoid gaps in services and endeavor to achieve a delivery system that ensures that services are available to persons supported on a substantially equitable basis, regardless of place of residence within this state. To that end, the commissioner of finance and administration shall report to the health and welfare committee of the senate and the health committee of the house of representatives, no later than January 15, 2008, and annually by each January 15 thereafter, on the following indicators of equity in the service delivery system: (1) The extent to which special services and programs are available on a substantially equitable basis throughout this state; (2) The extent to which services of the same level, intensity, and duration are available on a substantially equitable basis throughout this state; and (3) The extent to which rates of service utilization by persons supported are substantially equitable throughout this state. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) It is the intent of the general assembly that the system of care developed pursuant to this part provides a comprehensive array of services and supports that are geographically available, are equitably and efficiently allocated statewide and in each grand division of the state, and allow people to be in their own community settings, based on the needs and choices of individuals and families served. Services and supports provided to persons generally and as part of the medical assistance program, pursuant to title 71, chapter 5, shall seek to alleviate geographic service and support disparities across this state and its grand divisions. In striving to alleviate the geographic disparities, the state should seek to allocate budget improvements and other new resources in a manner that promotes equitable distribution of services and supports among the grand divisions of this state.
(b) In order to implement subsection (a), the state shall strive to avoid gaps in services and endeavor to achieve a delivery system that ensures that services are available to persons supported on a substantially equitable basis, regardless of place of residence within this state. To that end, the commissioner of finance and administration shall report to the health and welfare committee of the senate and the health committee of the house of representatives, no later than January 15, 2008, and annually by each January 15 thereafter, on the following indicators of equity in the service delivery system: (1) The extent to which special services and programs are available on a substantially equitable basis throughout this state; (2) The extent to which services of the same level, intensity, and duration are available on a substantially equitable basis throughout this state; and (3) The extent to which rates of service utilization by persons supported are substantially equitable throughout this state.
(1) The extent to which special services and programs are available on a substantially equitable basis throughout this state;
(2) The extent to which services of the same level, intensity, and duration are available on a substantially equitable basis throughout this state; and
(3) The extent to which rates of service utilization by persons supported are substantially equitable throughout this state.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-117 — TN Code / Title 52 / Chapter 3 / Section 52-3-117
Isolation and restraints
Status: in_force

(a) Persons supported have the right to be free from isolation and restraints, in any form, imposed as a means of coercion, discipline, convenience, or retaliation by staff. Restraints include physical and mechanical restraints and drugs used to control behavior or to restrict freedom of movement if the drug or the dosage of the drug is not a standard treatment for the person supported's medical or psychiatric condition. As used in this section, "isolation" means the placement of a person alone in a room from which egress is prevented. Isolation and restraint may only be used while the condition justifying its use exists. (b) A person with an intellectual or developmental disability may only be restrained as part of an approved plan or in emergency situations, if necessary, to assure the physical safety of the person or another person nearby or to prevent significant destruction of property. Isolation may only be used with a person with an intellectual or developmental disability or developmental delay as part of the person's approved plan. Only psychologists, psychological examiners, senior psychological examiners, physicians, behavior analysts, master's degree social workers, and others authorized to do so under department rules may develop a plan that includes or authorizes isolation or restraint. (c) Staff shall remain in the physical presence of a person in restraint. Staff shall continuously observe a person in isolation or restraint for the health and well-being of the person. (d) The professional shall record the use of restraint or isolation, the reasons for its use, and the duration of its use in the person's record. (e) All staff who may have direct contact with a person being restrained or isolated must receive ongoing education and training in alternative methods for handling behavior and the safe use of isolation and restraint. (f) The department shall adopt rules as to circumstances under which use of restraint and isolation are permitted. The department shall distribute the rules to all who provide services covered by this title. (g) The department shall report annually to the statewide planning and policy council on the use of restraint and isolation in this state and its rules on the subject. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) Persons supported have the right to be free from isolation and restraints, in any form, imposed as a means of coercion, discipline, convenience, or retaliation by staff. Restraints include physical and mechanical restraints and drugs used to control behavior or to restrict freedom of movement if the drug or the dosage of the drug is not a standard treatment for the person supported's medical or psychiatric condition. As used in this section, "isolation" means the placement of a person alone in a room from which egress is prevented. Isolation and restraint may only be used while the condition justifying its use exists.
(b) A person with an intellectual or developmental disability may only be restrained as part of an approved plan or in emergency situations, if necessary, to assure the physical safety of the person or another person nearby or to prevent significant destruction of property. Isolation may only be used with a person with an intellectual or developmental disability or developmental delay as part of the person's approved plan. Only psychologists, psychological examiners, senior psychological examiners, physicians, behavior analysts, master's degree social workers, and others authorized to do so under department rules may develop a plan that includes or authorizes isolation or restraint.
(c) Staff shall remain in the physical presence of a person in restraint. Staff shall continuously observe a person in isolation or restraint for the health and well-being of the person.
(d) The professional shall record the use of restraint or isolation, the reasons for its use, and the duration of its use in the person's record.
(e) All staff who may have direct contact with a person being restrained or isolated must receive ongoing education and training in alternative methods for handling behavior and the safe use of isolation and restraint.
(f) The department shall adopt rules as to circumstances under which use of restraint and isolation are permitted. The department shall distribute the rules to all who provide services covered by this title.
(g) The department shall report annually to the statewide planning and policy council on the use of restraint and isolation in this state and its rules on the subject.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-207 — TN Code / Title 52 / Chapter 5 / Section 52-5-207
Assistance to families of adults with disabilities
Status: in_force

The family support program shall assist families of adults with a severe or developmental disability in planning and obtaining community living arrangements, employment services, and other resources needed to achieve, to the greatest extent possible, independence, productivity, and integration into the community. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The family support program shall assist families of adults with a severe or developmental disability in planning and obtaining community living arrangements, employment services, and other resources needed to achieve, to the greatest extent possible, independence, productivity, and integration into the community.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-102 — TN Code / Title 52 / Chapter 5 / Section 52-5-102
Eligibility dates for direct service
Status: in_force

Persons with a developmental disability based on conditions other than an intellectual disability are eligible for direct service under this part on March 1, 2002. Persons with an intellectual disability are eligible for direct service under this part on March 1, 2001. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Persons with a developmental disability based on conditions other than an intellectual disability are eligible for direct service under this part on March 1, 2002. Persons with an intellectual disability are eligible for direct service under this part on March 1, 2001.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-506 — TN Code / Title 52 / Chapter 5 / Section 52-5-506
Assessment reports
Status: in_force

A service provider with a person supported under § 52-5-501 , § 52-5-502 , or § 52-5-503 shall assess the person supported's needs at least every six (6) months and report to the court every six (6) months on the person's progress toward the goal of the plan and on the person's use of the service. A service provider may request the court to release the person supported from the plan at any time. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
A service provider with a person supported under § 52-5-501 , § 52-5-502 , or § 52-5-503 shall assess the person supported's needs at least every six (6) months and report to the court every six (6) months on the person's progress toward the goal of the plan and on the person's use of the service. A service provider may request the court to release the person supported from the plan at any time.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-209 — TN Code / Title 52 / Chapter 3 / Section 52-3-209
Uniform assessment process
Status: in_force

The department may prescribe a uniform assessment process through rule or policy by which to determine whether a person supported lacks capacity to make decisions on issues within the meaning of § 52-3-210 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department may prescribe a uniform assessment process through rule or policy by which to determine whether a person supported lacks capacity to make decisions on issues within the meaning of § 52-3-210 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-602 — TN Code / Title 52 / Chapter 5 / Section 52-5-602
Duties - Reports
Status: in_force

(a) The statewide planning and policy council shall advise the commissioner as to plans and policies to be followed in the service systems and the operation of the department programs and facilities, recommend to the general assembly legislation and appropriations for the programs and facilities, advocate for and publicize the recommendations, and publicize generally the situation and needs of persons with an intellectual or developmental disability and their families. (b) The statewide planning and policy council shall especially attend to: (1) Identification of common areas of concern to be addressed in the grand divisions of the state, as defined in title 4, chapter 1, part 2; (2) The needs of persons supported who are children or elderly and of persons supported with combinations of intellectual or developmental disabilities and other conditions; (3) Evaluation of needs assessment, service, and budget proposals; (4) Reconciliation of policy issues among the grand divisions of the state, as defined in title 4, chapter 1, part 2; and (5) Annual review of the adequacy of this title to support the service systems. (c) The statewide planning and policy council, in conjunction with the commissioner, shall report annually to the governor on the service systems, including programs, services, supports, and facilities of the department, and may furnish copies of the reports to the general assembly with recommendations for legislation. The statewide planning and policy council may make other reports to the governor and to the general assembly as the council deems necessary. The commissioner shall make the reports available to the public, including on the internet and by other appropriate methods. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The statewide planning and policy council shall advise the commissioner as to plans and policies to be followed in the service systems and the operation of the department programs and facilities, recommend to the general assembly legislation and appropriations for the programs and facilities, advocate for and publicize the recommendations, and publicize generally the situation and needs of persons with an intellectual or developmental disability and their families.
(b) The statewide planning and policy council shall especially attend to: (1) Identification of common areas of concern to be addressed in the grand divisions of the state, as defined in title 4, chapter 1, part 2; (2) The needs of persons supported who are children or elderly and of persons supported with combinations of intellectual or developmental disabilities and other conditions; (3) Evaluation of needs assessment, service, and budget proposals; (4) Reconciliation of policy issues among the grand divisions of the state, as defined in title 4, chapter 1, part 2; and (5) Annual review of the adequacy of this title to support the service systems.
(1) Identification of common areas of concern to be addressed in the grand divisions of the state, as defined in title 4, chapter 1, part 2;
(2) The needs of persons supported who are children or elderly and of persons supported with combinations of intellectual or developmental disabilities and other conditions;
(3) Evaluation of needs assessment, service, and budget proposals;
(4) Reconciliation of policy issues among the grand divisions of the state, as defined in title 4, chapter 1, part 2; and
(5) Annual review of the adequacy of this title to support the service systems.
(c) The statewide planning and policy council, in conjunction with the commissioner, shall report annually to the governor on the service systems, including programs, services, supports, and facilities of the department, and may furnish copies of the reports to the general assembly with recommendations for legislation. The statewide planning and policy council may make other reports to the governor and to the general assembly as the council deems necessary. The commissioner shall make the reports available to the public, including on the internet and by other appropriate methods.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-111 — TN Code / Title 52 / Chapter 3 / Section 52-3-111
Records for child receiving services - Availability to person accused of abusing child
Status: in_force

(a) In any case where a person is known to have been accused of physically or sexually abusing or neglecting a person supported who is a child, the person supported's record must not be accessible to the person accused of the abuse or neglect, except if: (1) A court orders access under § 52-3-105(4) ; or (2) (A) The child's qualified mental health professional has determined in the course of the treatment or service, after consultation with the child, the child's guardian ad litem, and others on the child's behalf whom the professional deems appropriate, that the release of the child's record to the accused person would not be harmful to the child; and (B) The accused person is the parent, legal guardian, or legal custodian of the child. (b) If the court permits access to the child's record under subsection (a), then the court has jurisdiction to issue any necessary orders to control access to and use of the information by the person seeking access, including the issuance of injunctive relief. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) In any case where a person is known to have been accused of physically or sexually abusing or neglecting a person supported who is a child, the person supported's record must not be accessible to the person accused of the abuse or neglect, except if: (1) A court orders access under § 52-3-105(4) ; or (2) (A) The child's qualified mental health professional has determined in the course of the treatment or service, after consultation with the child, the child's guardian ad litem, and others on the child's behalf whom the professional deems appropriate, that the release of the child's record to the accused person would not be harmful to the child; and (B) The accused person is the parent, legal guardian, or legal custodian of the child.
(1) A court orders access under § 52-3-105(4) ; or
(2) (A) The child's qualified mental health professional has determined in the course of the treatment or service, after consultation with the child, the child's guardian ad litem, and others on the child's behalf whom the professional deems appropriate, that the release of the child's record to the accused person would not be harmful to the child; and (B) The accused person is the parent, legal guardian, or legal custodian of the child.
(A) The child's qualified mental health professional has determined in the course of the treatment or service, after consultation with the child, the child's guardian ad litem, and others on the child's behalf whom the professional deems appropriate, that the release of the child's record to the accused person would not be harmful to the child; and
(B) The accused person is the parent, legal guardian, or legal custodian of the child.
(b) If the court permits access to the child's record under subsection (a), then the court has jurisdiction to issue any necessary orders to control access to and use of the information by the person seeking access, including the issuance of injunctive relief.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-302 — TN Code / Title 52 / Chapter 3 / Section 52-3-302
Transfer from a youth development center
Status: in_force

(a) The chief officer of the youth development center of the department of children's services shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer if the chief officer determines, on the basis of a written report of a licensed physician or licensed psychologist designated as a health service provider, that a person in the youth development center: (1) Has an intellectual or developmental disability; and (2) Is in need of residential care and treatment for the condition that cannot be provided by the department of children's services and that can be provided at a residential facility of the department of disability and aging. (b) (1) If the person does not object to the transfer within twenty-four (24) hours of notice of the proposed transfer, then the person must be transferred to the appropriate residential program of the department of disability and aging that is designated by the commissioner of disability and aging as having available suitable accommodations. The department of children's services retains legal custody of the person after the person has been transferred to an appropriate residential program of the department of disability and aging. (2) If the person objects to the transfer within twenty-four (24) hours of notice of the proposed transfer, then the chief officer of the youth development center must convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person must remain in the youth development center pending the decision of the transfer committee. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The chief officer of the youth development center of the department of children's services shall order the person's transfer and shall notify the person of the decision and the reasons in writing not less than twenty-four (24) hours in advance of the proposed transfer if the chief officer determines, on the basis of a written report of a licensed physician or licensed psychologist designated as a health service provider, that a person in the youth development center: (1) Has an intellectual or developmental disability; and (2) Is in need of residential care and treatment for the condition that cannot be provided by the department of children's services and that can be provided at a residential facility of the department of disability and aging.
(1) Has an intellectual or developmental disability; and
(2) Is in need of residential care and treatment for the condition that cannot be provided by the department of children's services and that can be provided at a residential facility of the department of disability and aging.
(b) (1) If the person does not object to the transfer within twenty-four (24) hours of notice of the proposed transfer, then the person must be transferred to the appropriate residential program of the department of disability and aging that is designated by the commissioner of disability and aging as having available suitable accommodations. The department of children's services retains legal custody of the person after the person has been transferred to an appropriate residential program of the department of disability and aging. (2) If the person objects to the transfer within twenty-four (24) hours of notice of the proposed transfer, then the chief officer of the youth development center must convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person must remain in the youth development center pending the decision of the transfer committee.
(1) If the person does not object to the transfer within twenty-four (24) hours of notice of the proposed transfer, then the person must be transferred to the appropriate residential program of the department of disability and aging that is designated by the commissioner of disability and aging as having available suitable accommodations. The department of children's services retains legal custody of the person after the person has been transferred to an appropriate residential program of the department of disability and aging.
(2) If the person objects to the transfer within twenty-four (24) hours of notice of the proposed transfer, then the chief officer of the youth development center must convene a transfer committee not less than seven (7) nor more than fourteen (14) days thereafter, and the person must remain in the youth development center pending the decision of the transfer committee.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-8-104 — TN Code / Title 52 / Chapter 8 / Section 52-8-104
Members - Expenses and expenditures - Reimbursement
Status: in_force

Members of the commission receive no compensation for their services other than a reimbursement for traveling and other expenses incurred in the attendance of meetings required by this part or other meetings authorized by the commission. All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Members of the commission receive no compensation for their services other than a reimbursement for traveling and other expenses incurred in the attendance of meetings required by this part or other meetings authorized by the commission. All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-101 — TN Code / Title 52 / Chapter 2 / Section 52-2-101
Community-based system - Services and supports
Status: in_force

The department shall plan, coordinate, administer, monitor, and evaluate state and federally funded services and supports as a community-based system within the total system of services and supports for persons with an intellectual or developmental disability, or at risk for those conditions, and for their families. All functions must be carried out in consultation and collaboration with current or former persons supported, and, as appropriate, their families, guardians or conservators, person supported advocates, service providers, agencies, and other affected persons and organizations. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department shall plan, coordinate, administer, monitor, and evaluate state and federally funded services and supports as a community-based system within the total system of services and supports for persons with an intellectual or developmental disability, or at risk for those conditions, and for their families. All functions must be carried out in consultation and collaboration with current or former persons supported, and, as appropriate, their families, guardians or conservators, person supported advocates, service providers, agencies, and other affected persons and organizations.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-211 — TN Code / Title 52 / Chapter 5 / Section 52-5-211
Program administration - Funding
Status: in_force

The department shall administer the family support services program and shall establish annual benefit levels per family served. Implementation of this part and the program and annual benefit levels, or any portion of the program or benefits levels, are contingent upon annual line-item appropriation of sufficient funding for the programs and benefits. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The department shall administer the family support services program and shall establish annual benefit levels per family served. Implementation of this part and the program and annual benefit levels, or any portion of the program or benefits levels, are contingent upon annual line-item appropriation of sufficient funding for the programs and benefits.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-1104 — TN Code / Title 52 / Chapter 2 / Section 52-2-1104
Relief of responsibility - Personnel records
Status: in_force

If a person is relieved of decision-making authority or responsibility under this part, then the personnel records of the officer or employee must state that the officer or employee was relieved of authority or responsibility solely to conform to this part. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
If a person is relieved of decision-making authority or responsibility under this part, then the personnel records of the officer or employee must state that the officer or employee was relieved of authority or responsibility solely to conform to this part.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-303 — TN Code / Title 52 / Chapter 5 / Section 52-5-303
Review of admission
Status: in_force

(a) (1) The department may review the appropriateness of admission to a privately or publicly funded residential facility for persons with an intellectual or developmental disability. The department shall investigate to assess the validity of an allegation of: (A) Deprivation of liberty without consent; (B) Abuse, neglect, or exploitation; (C) Placement that is inappropriate to meet the needs of a person supported; (D) Violation of a fiduciary relationship; or (E) Any other violation of a right. (2) If the department finds probable cause to believe the allegation after an investigation by inspection of records and interviews with personnel, persons supported, and their families and there is no suitable remedy under chapter 2, part 4 of this title, then the department may require a plan of compliance or may require independent review of admissions under this section for a period of time set by the department. (b) Within five (5) days after a recommendation is made that a person with an intellectual or developmental disability be admitted to a residential facility for which the department requires independent review under subsection (a), an independent review by the department must be conducted to determine the appropriateness of the recommended residential service for the person on the basis of the interests and welfare of the person. The result of the review must not be influenced by any benefits flowing from the admission solely to the family, parents, guardian, or conservator of the person. The result of the review must be written and state the reasons for the decision. (c) The decision made under subsection (b) on publicly funded placements may be appealed to a designee of the commissioner by filing the appeal within seven (7) days after receipt of the decision. The designee of the commissioner shall review and decide the appeal within fourteen (14) days after receipt of the appeal. The only appeal of the decision made under subsection (b) on privately funded placements is a request for reconsideration by the reviewer filed within fourteen (14) days after receipt of the decision, and the decision is final administratively. If granted, reconsideration by the reviewer must occur within five (5) working days after receipt of the request. (d) The department shall designate persons from among its employees or by contract to serve as independent reviewers. A person designated to serve as the independent reviewer for a case must have no conflict of interest with any party to the case and be trained with respect to the laws, rules, and information required to make competent decisions as an independent reviewer. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) (1) The department may review the appropriateness of admission to a privately or publicly funded residential facility for persons with an intellectual or developmental disability. The department shall investigate to assess the validity of an allegation of: (A) Deprivation of liberty without consent; (B) Abuse, neglect, or exploitation; (C) Placement that is inappropriate to meet the needs of a person supported; (D) Violation of a fiduciary relationship; or (E) Any other violation of a right. (2) If the department finds probable cause to believe the allegation after an investigation by inspection of records and interviews with personnel, persons supported, and their families and there is no suitable remedy under chapter 2, part 4 of this title, then the department may require a plan of compliance or may require independent review of admissions under this section for a period of time set by the department.
(1) The department may review the appropriateness of admission to a privately or publicly funded residential facility for persons with an intellectual or developmental disability. The department shall investigate to assess the validity of an allegation of: (A) Deprivation of liberty without consent; (B) Abuse, neglect, or exploitation; (C) Placement that is inappropriate to meet the needs of a person supported; (D) Violation of a fiduciary relationship; or (E) Any other violation of a right.
(A) Deprivation of liberty without consent;
(B) Abuse, neglect, or exploitation;
(C) Placement that is inappropriate to meet the needs of a person supported;
(D) Violation of a fiduciary relationship; or
(E) Any other violation of a right.
(2) If the department finds probable cause to believe the allegation after an investigation by inspection of records and interviews with personnel, persons supported, and their families and there is no suitable remedy under chapter 2, part 4 of this title, then the department may require a plan of compliance or may require independent review of admissions under this section for a period of time set by the department.
(b) Within five (5) days after a recommendation is made that a person with an intellectual or developmental disability be admitted to a residential facility for which the department requires independent review under subsection (a), an independent review by the department must be conducted to determine the appropriateness of the recommended residential service for the person on the basis of the interests and welfare of the person. The result of the review must not be influenced by any benefits flowing from the admission solely to the family, parents, guardian, or conservator of the person. The result of the review must be written and state the reasons for the decision.
(c) The decision made under subsection (b) on publicly funded placements may be appealed to a designee of the commissioner by filing the appeal within seven (7) days after receipt of the decision. The designee of the commissioner shall review and decide the appeal within fourteen (14) days after receipt of the appeal. The only appeal of the decision made under subsection (b) on privately funded placements is a request for reconsideration by the reviewer filed within fourteen (14) days after receipt of the decision, and the decision is final administratively. If granted, reconsideration by the reviewer must occur within five (5) working days after receipt of the request.
(d) The department shall designate persons from among its employees or by contract to serve as independent reviewers. A person designated to serve as the independent reviewer for a case must have no conflict of interest with any party to the case and be trained with respect to the laws, rules, and information required to make competent decisions as an independent reviewer.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-205 — TN Code / Title 52 / Chapter 5 / Section 52-5-205
Available services
Status: in_force

The family support services included in this program include, but are not limited to, family support services coordination, information, referral, advocacy, educational materials, emergency and outreach services, and other individual and family-centered assistance services, such as respite care; personal assistance services; child care; homemaker services; minor home modifications and vehicular modifications; specialized equipment and maintenance and repair; specialized nutrition and clothing and supplies; transportation services; health-related costs not otherwise covered; licensed nursing and nurses aid services; and family counseling, training, and support groups. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The family support services included in this program include, but are not limited to, family support services coordination, information, referral, advocacy, educational materials, emergency and outreach services, and other individual and family-centered assistance services, such as respite care; personal assistance services; child care; homemaker services; minor home modifications and vehicular modifications; specialized equipment and maintenance and repair; specialized nutrition and clothing and supplies; transportation services; health-related costs not otherwise covered; licensed nursing and nurses aid services; and family counseling, training, and support groups.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-114 — TN Code / Title 52 / Chapter 3 / Section 52-3-114
Mental health professionals - Compulsion to testify
Status: in_force

Notwithstanding any evidentiary privilege, including pursuant to §§ 24-1-207 , 63-11-213 , 63-22-114 , and 63-23-109 , a qualified mental health professional may be compelled to testify: (1) In judicial proceedings under this title to commit a person with an intellectual disability to treatment, if the qualified mental health professional decides that the person supported is in need of compulsory care and treatment; (2) In proceedings for which the qualified mental health professional was ordered by the court to examine or train the person supported, if the person supported was advised that communications to the qualified mental health professional would not be privileged; and (3) In judicial, conservatorship, and veterans' guardianship proceedings under title 34. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Notwithstanding any evidentiary privilege, including pursuant to §§ 24-1-207 , 63-11-213 , 63-22-114 , and 63-23-109 , a qualified mental health professional may be compelled to testify:
(1) In judicial proceedings under this title to commit a person with an intellectual disability to treatment, if the qualified mental health professional decides that the person supported is in need of compulsory care and treatment;
(2) In proceedings for which the qualified mental health professional was ordered by the court to examine or train the person supported, if the person supported was advised that communications to the qualified mental health professional would not be privileged; and
(3) In judicial, conservatorship, and veterans' guardianship proceedings under title 34.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-3-103 — TN Code / Title 52 / Chapter 3 / Section 52-3-103
Records - Confidentiality
Status: in_force

All applications, certificates, records, reports, legal documents, and pleadings made and all information provided or received in connection with services applied for, provided under, or regulated under this title and directly or indirectly identifying a person supported or former person supported must be kept confidential and must not be disclosed by any person, except in compliance with this part. These confidentiality protections remain in effect until fifty (50) years after the death of the individual who is the subject of the confidential information, in accordance with 45 CFR 160.103 . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
All applications, certificates, records, reports, legal documents, and pleadings made and all information provided or received in connection with services applied for, provided under, or regulated under this title and directly or indirectly identifying a person supported or former person supported must be kept confidential and must not be disclosed by any person, except in compliance with this part. These confidentiality protections remain in effect until fifty (50) years after the death of the individual who is the subject of the confidential information, in accordance with 45 CFR 160.103 .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-2-406 — TN Code / Title 52 / Chapter 2 / Section 52-2-406
Licensure - Application - Issuance
Status: in_force

(a) A person, proprietorship, partnership, association, corporation, or any state, county, or local governmental unit or any division, department, board, or agency of government shall obtain a license from the department in order to lawfully establish, conduct, operate, or maintain a service or facility that provides intellectual or developmental disability services or personal support services. (b) The applicant shall submit an application on the department's form showing that the applicant is of reputable and responsible character and able to comply with the minimum standards for a service or facility providing intellectual or developmental disability services or personal support services. The application must also show the applicant is able to comply with the department's rules adopted under this part. The application must contain the following additional information: (1) The name of the applicant; (2) The type of facility or service; (3) The location; (4) The name of the person or persons to be in charge; and (5) Any other information as the department may require. (c) The department may approve the issuance of a license upon the application without further evidence, or, in its discretion, it may conduct its own investigation. (d) (1) Proof that a person or business has a personal or business history in any jurisdiction of the operation of substandard services or facilities or a felony conviction creates a presumption that the applicant or licensee does not have a reputable and responsible character. (2) An applicant denied a license on the basis of the presumption may request a hearing for the purpose of rebutting the presumption created by this subsection (d), in accordance with subsection (f). (e) A license must not be issued or renewed if the applicant, or any chief executive officer or director of the applicant, does not have a reputable and responsible character. (f) If the department determines that a license should not be granted, it shall notify the applicant. Within fifteen (15) days of notification of denial, the applicant 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 recommendations must be reported to the commissioner. The commissioner shall determine whether the original license denial shall remain effective and shall notify the applicant. Within fifteen (15) days of notification, the applicant 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. (g) If the department determines that the applicant complies with and will in the future comply with this part and rules adopted under this title and has a reputable and responsible character, the department shall issue a license. (h) A license is valid for up to one (1) year from the date of issuance. A license may be issued only for the premises or services named in the application, must be posted in a conspicuous place at the service or facility, and may be renewed from year to year. A license is not assignable or transferable, except as permitted by § 52-2-418(b)(3) . The department may charge a reasonable fee for processing the application and issuance of licenses. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) A person, proprietorship, partnership, association, corporation, or any state, county, or local governmental unit or any division, department, board, or agency of government shall obtain a license from the department in order to lawfully establish, conduct, operate, or maintain a service or facility that provides intellectual or developmental disability services or personal support services.
(b) The applicant shall submit an application on the department's form showing that the applicant is of reputable and responsible character and able to comply with the minimum standards for a service or facility providing intellectual or developmental disability services or personal support services. The application must also show the applicant is able to comply with the department's rules adopted under this part. The application must contain the following additional information: (1) The name of the applicant; (2) The type of facility or service; (3) The location; (4) The name of the person or persons to be in charge; and (5) Any other information as the department may require.
(1) The name of the applicant;
(2) The type of facility or service;
(3) The location;
(4) The name of the person or persons to be in charge; and
(5) Any other information as the department may require.
(c) The department may approve the issuance of a license upon the application without further evidence, or, in its discretion, it may conduct its own investigation.
(d) (1) Proof that a person or business has a personal or business history in any jurisdiction of the operation of substandard services or facilities or a felony conviction creates a presumption that the applicant or licensee does not have a reputable and responsible character. (2) An applicant denied a license on the basis of the presumption may request a hearing for the purpose of rebutting the presumption created by this subsection (d), in accordance with subsection (f).
(1) Proof that a person or business has a personal or business history in any jurisdiction of the operation of substandard services or facilities or a felony conviction creates a presumption that the applicant or licensee does not have a reputable and responsible character.
(2) An applicant denied a license on the basis of the presumption may request a hearing for the purpose of rebutting the presumption created by this subsection (d), in accordance with subsection (f).
(e) A license must not be issued or renewed if the applicant, or any chief executive officer or director of the applicant, does not have a reputable and responsible character.
(f) If the department determines that a license should not be granted, it shall notify the applicant. Within fifteen (15) days of notification of denial, the applicant 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 recommendations must be reported to the commissioner. The commissioner shall determine whether the original license denial shall remain effective and shall notify the applicant. Within fifteen (15) days of notification, the applicant 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.
(g) If the department determines that the applicant complies with and will in the future comply with this part and rules adopted under this title and has a reputable and responsible character, the department shall issue a license.
(h) A license is valid for up to one (1) year from the date of issuance. A license may be issued only for the premises or services named in the application, must be posted in a conspicuous place at the service or facility, and may be renewed from year to year. A license is not assignable or transferable, except as permitted by § 52-2-418(b)(3) . The department may charge a reasonable fee for processing the application and issuance of licenses.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-410 — TN Code / Title 52 / Chapter 5 / Section 52-5-410
Release - Custody of the court
Status: in_force

(a) If the commissioner or the commissioner's designee determines that any person judicially committed under § 52-5-404 , no longer meets the standards under which the person was committed, then the decision maker must immediately order the person's release and cause the person to be discharged, except as provided in subsection (b) or § 52-5-411 . (b) If the commissioner or the commissioner's designee determines that a person who was judicially committed under § 52-5-404 and who is charged with a crime for which the person is subject to being tried is restored to competence to stand trial, then the decision maker must give notice of that fact to the clerk of the court that ordered the person's commitment and deliver the person to the custody of the sheriff of the county from which the person was admitted, who must transport the person back to the custody of the court. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) If the commissioner or the commissioner's designee determines that any person judicially committed under § 52-5-404 , no longer meets the standards under which the person was committed, then the decision maker must immediately order the person's release and cause the person to be discharged, except as provided in subsection (b) or § 52-5-411 .
(b) If the commissioner or the commissioner's designee determines that a person who was judicially committed under § 52-5-404 and who is charged with a crime for which the person is subject to being tried is restored to competence to stand trial, then the decision maker must give notice of that fact to the clerk of the court that ordered the person's commitment and deliver the person to the custody of the sheriff of the county from which the person was admitted, who must transport the person back to the custody of the court.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 52-5-401 — TN Code / Title 52 / Chapter 5 / Section 52-5-401
Program establishment
Status: in_force

The commissioner may establish programs, including community-based programs, for training, habilitating, or rehabilitating persons with an intellectual disability under this part. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
The commissioner may establish programs, including community-based programs, for training, habilitating, or rehabilitating persons with an intellectual disability under this part.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.