reglab/housing_qa huggingface dataset:
TN Code § 33-2-1301 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 2 - Services and Facilities|Part 13 - Conflict of Interest|§ 33-2-1301. Department Officers, Employees and Licensees to Disclose Interest in Mental Health Facilities — Conflict of Interest

 IF    a person is an officer or employee of the department, OR   a person is an officer or employee of a licensee of the department, AND      the person or the person's spouse, parent, grandparent, brother, sister, or child has an ownership interest in a residential facility that is not publicly held or an ownership interest in a business that is not publicly held that owns or manages a residential facility that provides mental health or developmental disabilities services or supports, OR   the person or combination of persons named in subdivision (2)(A) has an ownership interest of at least thirty-five percent (35%) in a residential facility that is publicly held that provides mental health or developmental disabilities services, OR   the person or combination of persons named in subdivision (2)(A), has an ownership interest of at least thirty-five percent (35%) in a business that is publicly held that owns or manages a residential facility that provides mental health or developmental disabilities services,  THEN      the person shall disclose the interest to the department or licensee, AND   the person may not serve in a capacity of decision making or influence or responsibility for the direct referral or placement of persons to any residential facility that provides mental health or developmental disabilities services or supports.
TN Code § 33-2-1302 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 2 - Services and Facilities|Part 13 - Conflict of Interest|§ 33-2-1302. Penalty for Violation of § 33-2-1301

  If a person violates § 33-2-1301, the commissioner shall assess a civil penalty of one thousand five hundred dollars ($1,500) per incident against the person for each violation.   A penalty shall be assessed only after an informal hearing is held in the same manner as an informal hearing is held prior to the suspension of a license under § 4-5-320(d).   If services or supports to a recipient of mental health or developmental disabilities services or supports have been provided in violation of § 33-2-1301, the commissioner may:  Require transfer of the recipient of services or supports to another provider of services or supports as soon as is reasonably practical;   Authorize the recipient of services or supports to remain with the provider of services or supports if the commissioner determines it to be in the best interests of the recipient of services or supports to remain with the provider of services or supports;   Restrict the referral of other recipients of services or supports to the provider of services or supports;   Exercise a combination of the preceding powers; or   Impose any other appropriate sanctions in the discretion of the commissioner.
TN Code § 33-2-1303 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 2 - Services and Facilities|Part 13 - Conflict of Interest|§ 33-2-1303. Contractors to Disclose Interest in Facility

 A person to whom this part applies shall disclose the information required by this part before being hired or as a part of a contract entered into with a provider of mental health or developmental disabilities services or supports. Failure to disclose the information shall subject the person to removal from the position held or the contract to cancellation or renegotiation.
TN Code § 33-2-1304 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 2 - Services and Facilities|Part 13 - Conflict of Interest|§ 33-2-1304. Personnel Records to Indicate Conflict of Interest as Reason for Relief of Duties

 If a person is relieved of decision-making authority or responsibility under this part, the personnel records of the officer or employee shall state that the officer or employee was relieved of authority or responsibility solely to conform to this part.
TN Code § 33-3-101 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-101. Rights of Persons Under This Title Equal to Those of Other Persons Except as Limited by This Title — Records

  No person shall be deprived of liberty on the grounds that the person has or is believed to have a mental illness, a serious emotional disturbance, a developmental disability, or is in need of service for such a condition except in accordance with this title.   A person with mental illness, serious emotional disturbance, or developmental disability has the same rights as all other persons except to the extent that the person's rights are curtailed in accordance with this title or other law.   A person with mental illness, serious emotional disturbance, or developmental disability shall be provided services or supports, to the extent that facilities, equipment and personnel are available, in accordance with community standards.   The chief officer shall keep records detailing services or supports received by each person. Records shall be preserved by the chief officer for not less than ten (10) years after termination of service. The records may be generated, maintained, or transferred in whole or in part to any recording medium that assures accurate preservation of the record. If a record is transferred from one medium to another, the source record may be destroyed upon determination by the chief officer that the reproduced record is true and correct and will be accurately preserved. The reproduced record is deemed to be the original record.
TN Code § 33-3-102 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-102. Specific Rights Protected

  No person with mental illness, serious emotional disturbance, or developmental disability hospitalized or admitted, whether voluntarily or involuntarily, or ordered to participate in nonresidential treatment or service under this title, shall, solely by reason of the hospitalization, admission, or order, be denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, give informed consent to treatment, and vote, unless;  The service recipient has been adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity; or   The denial is authorized by state or federal statute.     No person shall make decisions for a service recipient on the basis of a claim to be the service recipient's conservator, legal guardian, guardian ad litem, caregiver under title 34, chapter 6, part 3, or to be acting under a durable power of attorney for health care under title 34, chapter 6, part 2, until the person has presented written evidence of the person's status.
TN Code § 33-3-103 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-103. Confidentiality of Mental Health Records

 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 service recipient or former service recipient shall be kept confidential and shall not be disclosed by any person except in compliance with this part.
TN Code § 33-3-104 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-104. Persons Who May Consent to Disclosure of Confidential Information

 Information about a service recipient that is confidential under § 33-3-103 may be disclosed with the consent of:   The service recipient who is sixteen (16) years of age or over;   The conservator of the service recipient;   The attorney in fact under a power of attorney who has the right to make disclosures under the power;   The parent, legal guardian, or legal custodian of a service recipient who is a child;   The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;   The treatment review committee for a service recipient who has been involuntarily committed;   The executor, administrator or personal representative on behalf of a deceased service recipient;   The caregiver under title 34, chapter 6, part 3; or   An individual acting as an agent under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18 or a person's surrogate as designated under title 68, chapter 11, part 18.
TN Code § 33-3-105 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-105. Disclosure of Confidential Information Without Consent

 Information that is confidential under § 33-3-103 may be disclosed without consent of the service recipient if:   Disclosure is necessary to carry out duties under this title;   Disclosure may be necessary to assure service or care to the service recipient by the least drastic means that are suitable to the service recipient's liberty and interests;   As a court orders, after a hearing, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure would be contrary to public interest or to the detriment of a party to the proceedings;   It is solely information as to a residential service recipient's overall medical condition without clinical details and is sought by the service recipient's family members, relatives, conservator, legal guardian, legal custodian, guardian ad litem, foster parents, or friends;   A service recipient moves from one service provider to another and exchange of information is necessary for continuity of service;   A custodial agent for another state agency that has legal custody of the service recipient cannot perform the agent's duties properly without the information; or   Necessary for the preparation of a post-mortem examination report in accordance with § 38-7-110(e) and authorized to be obtained pursuant to § 38-7-117(b).
TN Code § 33-3-106 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-106. Disclosure to Advocacy Agency — Disclosure to Organization Paying for Treatment — Limitations

  If the head of the federally mandated protection and advocacy agency for persons with mental illness, serious emotional disturbance, or developmental disability, or the designated representative of the agency head, requests disclosure of information protected by § 33-3-103 and specifies the personally identifiable service recipient information sought and the federally mandated function for which it is required, the information may be disclosed to the agency without consent. The disclosure of information shall be made solely for use in connection with the federally mandated function. The disclosures are subject to federal confidentiality laws, including the requirement that there be no further disclosure of the personally identifiable information by the agency without consent of the service recipient or conservator or of the parent's or legal guardian's consent in the case of a child. The service provider shall notify the service recipient, a child service recipient's parent or legal guardian, and the service recipient's conservator, if any, of the disclosure. All public and private service providers shall cooperate with the agency in responding to requests, including, but not limited to, those made under the Developmental Disabilities Assistance and Bill of Rights Act of 1975 (42 U.S.C. § 6000 et seq.); the Protection and Advocacy for Mentally Ill Individuals (PAMII) Act of 1986 (42 U.S.C. § 10801 et seq.); and the Protection and Advocacy for Individual Rights Act (29 U.S.C. § 794e).   If an organization may pay for a service provider's service to a service recipient, the service provider may disclose to the organization without service recipient consent only such information about the service recipient as is reasonably necessary to obtain timely payment. Disclosures are on the condition that there be no further disclosure of the personally identifiable information by the agency without service recipient consent.   If the department determines that an emergency substantially impairs a provider's capacity to provide service to its service recipients and the department appoints a receiver for service recipient information, the service recipient's information may be transferred to a new service provider without service recipient consent.
TN Code § 33-3-107 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-107. Rules Relating to Disclosure of Confidential Information

 The department may adopt rules to implement § 33-3-103 — 33-3-114, including rules on the form, content, and means of consent and disclosure, scope of permissible disclosure, and definitions of terms.
TN Code § 33-3-108 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-108. Access Permitted for Reports of Harm and Granting of Access in Cases of Abuse

  Section 33-3-103 does not preclude making reports of harm or granting access to records if making reports of harm or granting access to records is expressly required by:  The Child Abuse Reporting Law, compiled in title 37, chapter 1, part 4;   The Child Sexual Abuse Reporting Law, compiled in title 37, chapter 1, part 6; or   The Adult Protective Services Law, compiled in title 71, chapter 6.      The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation or mistreatment to the department is confidential and may not be disclosed without the person's consent, except as follows:  As necessary to carry out the laws cited in subsection (a);   To employees of the department as necessary to investigate the report;   To the abuse registry;   To the appropriate district attorney general;   By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation or mistreatment; or   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.     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 service recipient who is the subject of the report, but the fact that the person made the report may not be disclosed.
TN Code § 33-3-109 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-109. Release of Information to Family Members and Other Designated Persons — Acceptance of Information From Family Members of Service Recipients

  A service recipient for services under chapter 6 of this title shall be given an opportunity to approve and sign an information release that authorizes the facility or program to release certain information concerning the recipient to certain family members and other designated persons. This opportunity shall be offered when the recipient is entering inpatient or outpatient treatment at a facility, admitted in an emergency room, entering in a crisis response setting, or admitted in ongoing treatment with a community mental health care provider. This opportunity shall be offered to the recipient at the time of admission, periodically during treatment, and at discharge.   The service recipient may withdraw authority to release all information previously authorized, withdraw authority to release the information to any individuals previously authorized or modify either the type of information authorized in subsection (c) or the individuals to whom the information may be provided. All such changes must be executed in writing by the service recipient or:  The conservator of the service recipient;   The attorney in fact under a power of attorney who has the right to make disclosures under the power;   The parent, legal guardian, or legal custodian of a service recipient who is a child;   The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;   The treatment review committee for a service recipient who has been involuntarily committed;   The executor, administrator or personal representative on behalf of a deceased service recipient; or   The caregiver under title 34, chapter 6, part 3.     The information release shall provide the service recipient options for authorized disclosures to:  Specified family members that discloses only location;   Specified family members who are to be involved with discharge instructions and linking to other services; and   Specified family who are to be involved in and supportive in the treatment process.     The department shall encourage education of mental health care providers regarding accepting information from family members in the course of the treatment process.
TN Code § 33-3-110 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-110. Disclosure to Law Enforcement Agencies in Cases of Felony Acts of Bodily Harm or Sexual Abuse

  Section 33-3-103 does not prohibit disclosure to a law enforcement agency that has jurisdiction over felonious acts of bodily harm or sexual offenses that appear to have been committed on the premises of a facility whose records are made confidential by § 33-3-103.   If the felonious act involves a sexual offense governed by title 37, chapter 1, part 6, and title 71, chapter 6, part 1, in a locality having a sex abuse crime unit, disclosure for law enforcement investigative purposes shall be made only to that unit of the law enforcement agency. This section does not limit the requirements of disclosure of reports of harm and access to records required by title 37, chapter 1, parts 4 and 6, and title 71, chapter 6, part 1, for investigations by the department of human services.   Permissible disclosure of a felonious act for the purpose of conducting a necessary investigation includes:  The name of, and providing access to, witnesses or potential witnesses of the offense;   The name of, and providing access to, suspects or potential suspects of the offense; and   The scene of, and providing access to, where the offense occurred.
TN Code § 33-3-111 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-111. Records of Child Service Recipient Not Available to Person Accused of Abusing Recipient — Exceptions and Limitations

  In any case where a person is known to have been accused of physically or sexually abusing or neglecting a service recipient who is a child, the service recipient's record shall not be accessible to the person accused of the abuse or neglect, except if:  A court orders access under § 33-3-105(3); or    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   The accused person is the parent, legal guardian, or legal custodian of the child.       If the court permits access to the child's record under subsection (a), the court shall have 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.
TN Code § 33-3-112 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 1 - General Rights of All Service Recipients|§ 33-3-112. Disclosure to Service Recipient of Records Kept and Procedures for Accessing Records

  Upon request by a service recipient sixteen (16) years of age or older, a service provider shall disclose to the service recipient what records the provider maintains on the service recipient and how the service recipient can obtain access to them. Upon written request by a service recipient, a service provider shall permit the service recipient, within a reasonable time, to review the service recipient's record itself or the part of it that the service recipient requests or a copy of the record or the part except to the extent that:  Service recipient access to the record is expressly restricted or prohibited by another statute; or   The provider is authorized to deny access under subsection (b).     If a person's qualified mental health professional determines that giving the service recipient, or a person acting for the service recipient, access to part of the service recipient's record poses a substantial risk of serious harm to the health or safety of the service recipient or another person, then the qualified mental health professional may refuse access to that part of the record.