reglab/housing_qa huggingface dataset:
TN Code § 68-11-227 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-227. Prohibited Hospital Actions

  A hospital shall not require hospital-based physicians to:  Pay for the cost of the use of necessary medical equipment related to the provision of medical services by the hospital-based physicians; or   Share in the cost of advertising related to their services or services of the hospital, unless specifically required by contract.     The termination of an oral or written contract between a hospital and a hospital-based physician shall not result in loss of medical staff privileges, through contractual provisions or hospital policy, unless there is a written contract that contains a section separately executed by the parties that provides for the loss of medical staff privileges:  If such physician is provided with at least six (6) months' written notice of the termination of the contract; and   If such physician either:  Provides medical services under the contract to a department of the hospital that has a closed staff and will have a closed staff after termination of the contract; or   Provides medical services under the contract to a department of the hospital that has an open staff, but will have a closed staff after termination of the contract. In the case of an emergency physician, the notice of termination described in this subsection (b) may be less than six (6) months in order to obtain emergency coverage to satisfy requirements of state licensing rules, accreditation or applicable managed care plans.       As used in this section, “hospital-based physician” means an anesthesiologist, emergency physician, pathologist, or radiologist.
TN Code § 68-11-228 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-228. “Home Care Organization” and “Solicit” Defined

  As used in §§ 68-11-228 — 68-11-231, “home care organization” has the meaning as set forth in § 68-11-201.    Except as otherwise provided, “solicit,” as used in §§ 68-11-228 — 68-11-231, means contact with a patient knowingly being treated by another home care organization for the purpose of attempting to persuade the patient to change home care organizations. “Solicit” specifically includes, but is not limited to, contacts by an existing or former employee of a home care organization for the purpose of persuading a patient of that home care organization to change to another home care organization.   “Solicit,” as used in §§ 68-11-228 — 68-11-231, does not include a home care organization's communications to the general public or any advertising of services through means of direct mail. The prohibition on solicitation set forth in this section shall in no way prevent a physician from making a recommendation to a patient that the patient use a particular home care organization's services based upon the physician's independent judgment.
TN Code § 68-11-229 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-229. Solicitation of Patients of Other Home Care Organizations Prohibited

 It is unlawful for any home care organization, through its officers, directors, employees or agents, to knowingly solicit any patient to change home care organizations, if that patient is being treated at the time by another home care organization.
TN Code § 68-11-230 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-230. Purpose of §§ 68-11-228 — 68-11-231 — Construction

 The purpose of §§ 68-11-228 — 68-11-231 is to promote and maintain the necessary quality and continuity of care provided by a home care organization to its patients. Nothing contained in these sections shall:   Limit the right of a home care organization patient to change home care organizations at any time the patient so chooses;   Prohibit any home care organization from discussing services with, or providing services to, someone who voluntarily makes an initial contact with such home care organization for the purpose of seeking services from such home care organization or who responds to a public advertisement by such home care organization;   Prohibit any home care organization from discussing services with, or providing services to, a patient when someone acting on the patient's behalf or in the patient's interest makes an initial contact with such home care organization; or   Prohibit a managed care organization from requiring its enrollees to use only those home care organizations with which it has entered contracts for services.
TN Code § 68-11-231 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-231. Penalties — Injunction — Attorney's Fees

 A home care organization found in violation of § 68-11-229 shall be subject to an injunction by either a circuit or chancery court of competent jurisdiction prohibiting further solicitation. An action seeking injunctive relief may be initiated by any home care organization. The prevailing party may, in the court's discretion, be awarded attorney fees. The right to injunctive relief granted pursuant to this section shall not prevent an offended organization from seeking monetary damages or any other relief against the offending organization to which it may be entitled at law or in equity.
TN Code § 68-11-232 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-232. Construction of Chapter Regarding Providing Assisted-Care Living Facility Services and Care

  Nothing in this chapter shall require or authorize the state medicaid agency or a managed care organization to approve, supply or cover the services set out in § 68-11-201 for assisted-care living facilities.   Nothing in this chapter shall require or authorize the state medicaid agency or a managed care organization to approve, supply or cover medically necessary home care services provided in an assisted-care living facility, where the home care services are provided, supervised or directed by any person or entity with an ownership or control interest or by a managing employee of an entity with an ownership or control interest in the licensed assisted-care living facility or a licensed nursing home.   Nothing in this chapter shall require any other third party payer to approve, supply or cover medically necessary home care services provided in an assisted-care living facility, where the home care services are provided, supervised or directed by any person or entity with an ownership or control interest or by a managing employee of an entity with an ownership or control interest in the licensed assisted-care living facility or a licensed nursing home.
TN Code § 68-11-233 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-233. Criminal Background Check of Applicants

  A home care organization that provides home health services or hospice services shall require a criminal background check of persons who apply for employment with the organization as a paid employee and provider of direct care to a patient, prior to such persons being employed by the organization. The background check shall be conducted either by the Tennessee bureau of investigation and the federal bureau of investigation, or by a professional background screening organization or criminal background check service or registry.   Any person who applies for employment with a home care organization as a paid employee and provider of direct care to a patient shall consent to the following:  The release of all investigative records to such organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for such organization;   To supply fingerprint samples and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation;   To provide past work and personal references to be checked by such organization; and   The release of any information required for a criminal background investigation by a professional background screening organization or criminal background check service or registry.     A home care organization shall not disclose criminal background check information obtained under subsection (a) to a person who is not involved in evaluating a person's employment, except as required or permitted by state or federal law.   Any costs incurred by the Tennessee bureau of investigation and the federal bureau of investigation in conducting the investigation of applicants shall be paid by the home care organization requesting such investigation and information, in accordance with §§ 38-6-103 and 38-6-109.   This section shall also apply to any company, organization, or agency that provides or arranges for the supply of direct care staff to an organization described in subsection (a). The company, organization, or agency shall be responsible for initiating a criminal background check on any person hired by that entity for the purposes of working in a home care organization that provides home health services or hospice services, and shall be required to report the results of the criminal background check to any home care organization in which the company, organization, or agency arranges for that individual to work, upon such a request by a company, organization, or agency.   A home care organization that declines to employ or terminates a person based upon criminal background information provided to the organization under this section shall be immune from suit by or on behalf of that person for the termination of or the refusal to employ that person.
TN Code § 68-11-234 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-234. Criminal Background Checks for Child Care Center Employees

  All “prescribed child care centers” as defined in § 68-11-201 shall initiate a criminal background check on any person who is employed by or who wishes to volunteer in a capacity that involves providing direct care to a child, prior to or within seven (7) days of employment or provision of services. Any person who applies for employment in a position or who wishes to volunteer in a capacity that involves providing direct care to a child in such a facility shall consent to any or all of the following:  Provide past work and personal references to be checked by the prescribed child care center;   Agree to the release of any and all information and investigative records to the prescribed child care center or its agent, or to any agency that contracts with the state of Tennessee necessary for the purpose of verifying whether the individual has been convicted of a felony in the state of Tennessee;   Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation, other law enforcement agency, or any legally authorized entity; or   Release any information required for a criminal background investigation by a professional background screening organization or criminal background check service or registry.     Any costs incurred by the Tennessee bureau of investigation, professional background screening organization, law enforcement agency or other legally authorized entity, in conducting investigations of such applicants or volunteers may be paid by the prescribed child care center, or any agency that contracts with the state of Tennessee requesting such investigation and information, or the individual who seeks employment or is employed or volunteers. Payments of such costs to the Tennessee bureau of investigation are to be made in accordance with §§ 38-6-103 and 38-6-109.   A prescribed child care center that declines to employ or terminates a person based upon information provided to the facility under this section shall be immune from suit by or on behalf of that person for the termination of or the refusal to employ that person.
TN Code § 68-11-238 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-238. Marketing Strategies and Strategic Plans — Confidentiality of Records — Closed Meetings

  Notwithstanding any law to the contrary, hospitals subject to the open meetings laws compiled in title 8, chapter 44, or the public records laws compiled in title 10, chapter 7, may discuss and develop marketing strategies and strategic plans in closed meetings, not open to the public, and the records addressing marketing strategies and strategic plans, including feasibility studies, may be treated as confidential and not public records, but shall be subject to subpoena. Action by the board of the hospital adopting a specific strategy or plan shall be subject to the open meetings laws and the adopted strategy or plan, and the studies that were considered in the adoption of the specific strategy or plan, shall then be subject to the public records laws. The records shall be available for public inspection at least seven (7) days before any vote to adopt such strategy.   Before a meeting of the board of trustees of the hospital shall be closed under this section, the following conditions shall apply:  A quorum of the board shall convene in a public meeting. The presiding officer shall cite or explain to the members and the public assembled the specific legal authority for closing the meeting to the public;   Members of the board shall vote by roll call in the public portion of the meeting on whether closing the meeting to the public is necessary. A simple majority vote of those members of the board in attendance at the meeting shall be required to go into a closed meeting; and   The presiding officer shall explain to the members of the board and any members of the public present at the public portion of the meeting that no other business other than the business described in subsection (a) shall be discussed during the closed meeting.
TN Code § 68-11-240 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-240. Participation in Drug Donation Repository Program

 Notwithstanding any rule to the contrary, a nursing home, as defined in § 68-11-201, is authorized to participate in a drug donation repository program under title 63, chapter 10 until such time as the board for licensing health care facilities promulgates rules to effectuate such participation. Nothing in this title or title 63 precludes a nursing home from utilizing a drug donation repository program for drug disposal services.
TN Code § 68-11-241 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-241. Promulgation of Rules to Permit Disposal of Prescription Drugs

  Notwithstanding this title or any rule, the board for licensing health care facilities is directed to use emergency rulemaking under § 4-5-208 to promulgate rules by January 1, 2018, to permit facilities licensed under this part to dispose of controlled substances and other prescription drugs by destruction using any means permitted by the federal drug enforcement administration.   Notwithstanding this title or any rule, the board for licensing health care facilities is directed to use emergency rulemaking under § 4-5-208 to promulgate rules by January 1, 2018, to permit the disposal by donation or other means, including a drug donation repository program, of prescription drugs that are not controlled substances.
TN Code § 68-11-242 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-242. Differentiation Between Licensed Physicians Based on Maintenance of Certification

  For purposes of this section:  “Maintenance of certification” means any process requiring periodic recertification examinations or other activities to maintain specialty medical board certification; and   “Organized medical staff” means an organized body composed of individuals appointed by a facility's governing board that operates under bylaws approved by the governing body and is responsible for the quality of medical care provided to patients by the facility.     Except as otherwise provided by this section, facilities licensed under this title may only differentiate between licensed physicians based on a physician's maintenance of certification in medical staff privileging and credentialing when authorized through the following process:  The voting members of the facility's organized medical staff vote to adopt the differentiation; and   The facility's governing body reviews and approves the action of the medical staff.     An authorization described by subsection (b) may:  Establish terms applicable to the facility's differentiation, including:  Appropriate grandfathering provisions; and   Limiting the differentiation to certain medical specialties; and     Be rescinded at any time when:  The voting members of the facility's organized medical staff vote to rescind the differentiating action; and   The facility's governing body reviews and approves the rescinding action of the organized medical staff.       Nothing in this section restricts a facility's ability to differentiate between physicians in medical staff privileging and credentialing based on a physician's maintenance of certification when:  The facility's designation under law or certification or accreditation by a national certifying or accrediting organization is contingent on the facility requiring a specific maintenance of certification by physicians seeking staff privileges or credentialing at the facility; and   The differentiation is limited to those physicians whose maintenance of certification is required for the facility's designation, certification, or accreditation as described by subdivision (d)(1).     Nothing in this section requires a facility's organized medical staff or governing body to reconsider or vote to reconsider maintenance of certification differentiation or requirements made prior to July 1, 2018.
TN Code § 68-11-253 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-253. Definitions — Regulation of Medical Gas Piping

  As used in this section, unless the context otherwise requires:  “Board” means the state board for licensing contractors created by title 62, chapter 6;   “Certified medical gas installer” means a person who has qualified for certification by the successful completion of an approved training course approved by the board on the installation, maintenance and repair of medical gas piping;   “Health care facility” includes any health care facility that is licensed pursuant to this part, and any facility that is defined under the American National Standard Institute-National Fire Protection Association 99 (ANSI-NFPA 99): Health Care Facilities; and   “Medical gas piping” means the piping used solely to transport gases used for medical purposes at a health care facility.     It is a Class B misdemeanor for any person to install or repair medical gas piping in any health care facility, unless such person installing, maintaining, or repairing medical gas piping is a certified medical gas installer.    The board shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, establishing the minimum qualifications and requirements for the instruction on medical gas installation methods and maintenance techniques and other training for certification of persons for the installation, maintenance and repair of medical gas piping. The board may consult with the state fire marshal, or such other state agencies it deems appropriate to assist the board in the promulgation of such rules and regulations.   The qualifications for certification adopted by the board shall include the qualifications for certification by the American Medical Gas Institute (AMGI) or the Piping Industry Progress and Education Trust Fund (PIPE), with a minimum of thirty-two (32) hours of training with eight (8) of such hours in brazing. The board shall from time to time revise the qualifications for certification to include the most current edition of NFPA 99 “Standard on Gas and Vacuum Systems.”     The board shall set fees for training, certification, certificate renewal and any other necessary fees in an amount sufficient to pay the costs of this section relative to certification of persons wishing to install or repair medical gas piping.   The board may designate an independent examining agency to administer the training and the examinations required for certification. The board shall publish annually a list of persons certified to install or repair medical gas piping.   Upon request by the board, the commissioner of commerce and insurance shall include appropriate instruction in the inspection of medical gas piping in training programs for fire and building code personnel attending the Tennessee Fire Service and Codes Enforcement Academy.   Nothing in this section is intended to prevent an emergency repair to medical gas piping by any individual.