reglab/housing_qa huggingface dataset:
TN Code § 68-11-815 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 8 - Deficient Nursing Homes|§ 68-11-815. Filing of Documents — Dismissal and Reinstatement of Proceedings

  All documents assessing civil penalties shall be promptly filed with the administrative procedures division of the secretary of state.    Thereafter, should the department elect not to proceed to prosecute the assessment, the department shall file a notice of dismissal, detailing and explaining the reasons for its decision.   The notice of dismissal shall be maintained upon the public record and copies filed with the Tennessee commission on aging and disability and the Tennessee Health Care Association.      Within thirty (30) days of its entry, a third party may petition the administrative judge to reinstate the penalty proceeding.   The administrative judge may grant the petition if it demonstrates that the petitioner's legal rights, duties or legal interests were the subject of the original proceeding, if the administrative judge determines that the petitioner is properly prepared to prosecute the action, and if the administrative judge also determines that the interests of justice and the orderly and prompt conduct of the proceedings shall not be impaired by allowing the reinstatement.   Should the assessment of the penalty be reinstated, the administrative judge may, in the administrative judge's discretion, either excuse the department or require the department to participate in the proceeding.
TN Code § 68-11-816 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 8 - Deficient Nursing Homes|§ 68-11-816. Time for Paying or Contesting Penalty — Waiver

  Five (5) working days after the nursing home's actual receipt of either the department's detailed statement of the type B or type C penalty required by § 68-11-814, or the commissioner's order suspending admissions to the nursing home and assessing a type A penalty, the nursing home shall either pay the penalty assessed or file with the administrative procedures division of the secretary of state and with the department an answer, demanding a contested case hearing.   Should the nursing home fail to answer or to demand a hearing within five (5) working days of its actual receipt of the department's notice, it shall be deemed to have waived its right to a hearing, to have admitted the allegations of the assessment, and the civil penalty assessed shall then be due and payable.    Should the nursing home pay the penalty assessed on or before the day upon which its answer is due, the amount of the penalty shall be reduced by ten percent (10%).   Such payment may be made under protest while contesting the assessment; and, if the case is dismissed and the penalty abated, the payment under protest shall be returned to the nursing home.
TN Code § 68-11-817 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 8 - Deficient Nursing Homes|§ 68-11-817. Administrative Procedures — Time Deadlines for Holding Hearings and Issuing Orders

  All contested cases shall be conducted according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.   The hearing shall be conducted within thirty (30) days of the nursing home's demand, and an order shall be issued within ten (10) working days after the hearing.
TN Code § 68-11-820 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 8 - Deficient Nursing Homes|§ 68-11-820. Authority of Panel or Administrative Judge — Increasing, Upholding or Reducing Amounts of Penalties — Consultation to Determine Medical Necessity

  Upon hearing a case or reviewing an initial order, the administrative judge, if sitting alone during a hearing, shall have the power to determine whether the imposition of any civil monetary penalty was proper and lawful, and, if so, whether the amount of the penalty was authorized by law and justified by the facts of the matter.   The administrative judge, when sitting alone, may find that no penalty should have been assessed; and, if so, the case shall be dismissed and the penalty abated.   When it finds that a civil penalty was properly assessed for a violation specified in §§ 68-11-801 — 68-11-805, the administrative judge, when sitting alone, may uphold the amount originally imposed, correct the amount of the assessment to conform with the law, or reduce the amount of the penalty, but the amount may be reduced only after considering the following factors:  Those set forth in § 68-11-207(c);   Whether the nursing home had recognized the violation, had voluntarily notified the department prior to any inspection, and had documented the correction of the violation within five (5) working days after the inspection;   Whether the violation was an unintended and temporary consequence typical of the on-going operation of a health care facility, which had minimal impact upon the care of the patients; and   Whether the nursing home has a dispute, made in good faith and not solely for the purposes of delay, regarding the commissioner's legal authority to impose an assessment.
TN Code § 68-11-827 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 8 - Deficient Nursing Homes|§ 68-11-827. Nursing Home Resident Protection Trust Fund — Deposit of Penalties — Unspent Funds

   The commissioner shall establish and maintain a nursing home resident protection trust fund, created by the deposit of all penalty moneys collected from nursing homes and individuals under this part.   The fund created by this subsection (a) shall be maintained for the purpose of protecting the residents of a nursing home, whose noncompliance with the conditions of continued licensure, applicable state and federal statutes, rules, regulations and contractual standards threatens the residents' continuous care, the residents' property, the nursing home's continued operation, or the nursing home's continued participation in the medical assistance program of title 71, chapter 5.   In addition to any other lawful use of the nursing home resident protection trust fund, the fund may also be used for making payments for temporary management as provided in § 68-11-831.   In addition to any other lawful use of the nursing home resident protection trust fund, the fund may also be used to fund a pilot grant program to assist in the implementation of Eden Alternative enhanced quality of life projects in nursing homes, assisted-care living facilities and homes for the aged in Tennessee.     Notwithstanding any other law to the contrary, any such funds remaining unspent at the end of the fiscal year shall be carried over into the budget of the department for the subsequent fiscal year, and shall continue to be carried over from year to year until expended for the purposes prescribed in this section.
TN Code § 68-11-828 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 8 - Deficient Nursing Homes|§ 68-11-828. Equitable Proceedings — Payments From Trust Fund

 Whenever a nursing home is a party to a proceeding seeking equitable relief pursuant to § 68-11-213(a) or § 29-1-103 and in such other proceedings in which the court with jurisdiction over the matter finds that complete relief cannot be awarded to a person with a just claim without invoking this section, the nursing home resident protection trust fund shall be subject to the order of the court for the purposes of assisting with the costs of relocating indigent residents upon the voluntary or involuntary closure of a nursing home, of reimbursing residents for any personal funds lost while held in trust by a nursing home, or of maintaining, in the interests of the residents' health and safety, the on-going operation of a nursing home pending the conclusion of the legal proceedings.
TN Code § 68-11-829 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 8 - Deficient Nursing Homes|§ 68-11-829. Recovery of Moneys Paid Out of Trust Fund

  Any order under the authority of § 68-11-828 that divests the assets of the nursing home resident protection trust shall give to the commissioner, as trustee, a right of action to recover any moneys paid out of the fund against the property of any person or organization who was legally liable for these expenditures.   The action may be brought in the same court in which the other proceedings are pending or in any court having personal jurisdiction over the defendant.
TN Code § 68-11-831 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 8 - Deficient Nursing Homes|§ 68-11-831. Appointment of Temporary Management

  The department is authorized to appoint temporary management to oversee the operation of a nursing home and to assure the health and safety of the nursing home's residents where:  There is an orderly closure of the nursing home; or   Improvements are made in order to bring the nursing home into compliance with all applicable deficiencies cited pursuant to § 68-11-210.     All proceedings initiated pursuant to this section shall be consistent with those in §§ 68-11-207 and 68-11-208, and, to the extent practicable, may be brought concurrently with proceedings initiated pursuant thereto.   The temporary management under this section shall not be terminated until the facility is closed under subdivision (a)(1), or until the department has determined that the nursing home has the management capability to ensure continued compliance with all requirements for nursing homes.   The department has the authority to appoint temporary management under this section during the pendency of a hearing.
TN Code § 68-11-902 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 9 - Rights of Nursing Home Residents and Patients, and Members of the Public Regarding Nursing Homes|§ 68-11-902. Nursing Home Residents and Patients — Abridging, Restricting, Limiting or Amending Minimum Rights

  The rights set forth in § 68-11-901 may be abridged, restricted, limited or amended only as follows:  When medically contraindicated; or   When necessary to protect and preserve the rights and safety of the other residents in the facility.      Any reduction in resident's rights based upon medical consideration or the rights of other residents must be explicit, reasonable, appropriate to the justification, and the least restrictive response feasible.   Reductions in rights may be time-limited, shall be explained to the resident, and must be documented in the individual resident's record by reciting the limitation's reason and scope.   Medical contraindications shall be supported by a physician's order.   At least once each month, the administrator and the director of nursing shall review the restriction's justification and scope before removing it, amending it or renewing it.   The names of any residents in the facility whose rights have been restricted under this subsection (b) shall be maintained on a separate list, which shall be available for inspection by the department and by the area long-term ombudsman.
TN Code § 68-11-903 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 9 - Rights of Nursing Home Residents and Patients, and Members of the Public Regarding Nursing Homes|§ 68-11-903. Retaliation or Discrimination Against Complainants

 No nursing home or home for the aged may retaliate or discriminate in any manner against any person who:   In good faith complains or provides information to, or otherwise cooperates with, any agency of government or any person or entity operating under contract with an agency of government, having any responsibility for protecting the rights of residents of nursing homes or homes for the aged; or   Attempts to assert any right protected by state or federal law.
TN Code § 68-11-904 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 9 - Rights of Nursing Home Residents and Patients, and Members of the Public Regarding Nursing Homes|§ 68-11-904. Confidentiality of Complainant's Identity

  Whenever the department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any patient or resident who is the subject of the complaint, or identified in the complaint, shall be treated as confidential and shall not be open to inspection by members of the public, notwithstanding any provision of title 10, chapter 7 to the contrary.   It being in the public interest that the identity of a person described in subsection (a) shall be protected from disclosure, the person's identity shall be provided in response to litigation, only after a finding by the court that justice so requires.
TN Code § 68-11-905 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 9 - Rights of Nursing Home Residents and Patients, and Members of the Public Regarding Nursing Homes|§ 68-11-905. Personal Property — Storage Space — Security — Theft

  Each nursing home shall provide a reasonable amount of storage space for the personal property of the residents.   The nursing home shall provide a means of safeguarding small items of value for the resident in the resident's room, or in some other part of the facility if the resident can have daily access to the valuables.   The facility shall develop procedures for investigating complaints of the theft of residents' property and shall document its investigation of all the complaints.
TN Code § 68-11-906 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 9 - Rights of Nursing Home Residents and Patients, and Members of the Public Regarding Nursing Homes|§ 68-11-906. Deposit of Residents' Funds — Surety Bond

  Each nursing home shall deposit any funds in excess of one hundred dollars ($100) received from, or on behalf of, a resident in an interest-bearing account, insured by an agency of the federal government.   The account shall be maintained in a manner clearly indicating that the facility has only a fiduciary interest in the funds.   When individual interest-bearing accounts or collective accounts capable of individual attribution of interest payments are not readily available for such deposits, the nursing home may use a single account for deposits by, or on behalf of, more than one (1) resident, but shall maintain records documenting the amount of principal owned by each depositor.   Any interest accruing on such accounts need not be paid to individual depositors, but shall be used for the benefit of the facility's residents to pay for activities or amenities not covered by the facility's charges.   The nursing home may keep up to one hundred dollars ($100) of a resident's money in a non-interest bearing account or petty cash fund, readily available for the resident's current expenditures.   The nursing home shall maintain a surety bond on all funds held in trust for facility residents and shall make an annual, audited accounting of such funds, available to the residents and for public inspection.
TN Code § 68-11-907 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 9 - Rights of Nursing Home Residents and Patients, and Members of the Public Regarding Nursing Homes|§ 68-11-907. Involuntary Transfer or Discharges

  Except when the resident's attending physician determines that the failure to transfer a nursing home resident will threaten the health or safety of the resident or others, and documents that determination in the resident's medical record, no involuntary transfer or discharge shall occur until a physician has certified, in writing, that the physician has personally examined the resident within the seven (7) days immediately before the proposed transfer or discharge, that the physician is familiar with the discharge plans and provisions for continuing the resident's care, and that the transfer or discharge will not pose a threat to the health or safety of the resident.   As used in this section, “transfer” refers to the movement of a patient or resident to a location outside of the nursing home and does not refer to intrafacility transfers in which a patient or resident changes beds, rooms or wings of the same nursing home.
TN Code § 68-11-908 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 9 - Rights of Nursing Home Residents and Patients, and Members of the Public Regarding Nursing Homes|§ 68-11-908. Refusal of Access to Nursing Home

  The administrator of a nursing home may refuse access to the facility to any person whose presence would be injurious to the health and safety of a resident or the staff, or would threaten the security or the property of the residents, staff or facility.    Any person refused access to a nursing home shall be notified at the time of the refusal of the person's right to file a complaint with the department, which may require the facility to answer as to its reasons.   Counseling residents regarding their legal rights shall not constitute an activity justifying denial of access.
TN Code § 68-11-909 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 9 - Rights of Nursing Home Residents and Patients, and Members of the Public Regarding Nursing Homes|§ 68-11-909. Data Aiding Enforcement of Quality of Care Standards

  The commissioner shall determine what, if any, nursing home resident morbidity and mortality data would materially aid enforcement of quality of care standards and would be feasible for nursing homes to report.   Data meeting this criteria shall be collected and reported to the department as prescribed by regulation, but shall be confidential and not subject to public inspection under § 10-7-503.
TN Code § 68-11-1001 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 10 - Registry of Persons Who Have Abused, Neglected, or Misappropriated the Property of Vulnerable Individuals|§ 68-11-1001. Establishment and Maintenance of Registry — Confidentiality — Access to Records

  The department of health shall establish and maintain a registry containing the names of any persons who have been determined by Tennessee government agencies or any state or federal court or any administrative bodies to have abused, neglected, misappropriated or exploited the property of vulnerable individuals.   The names and information contained in this registry shall be available for public inspection as provided by this chapter.   The department may discharge its responsibilities under this part directly, or through interagency agreement; provided, that authorized access to the records by means of a single centralized agency shall be assured.
TN Code § 68-11-1004 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 10 - Registry of Persons Who Have Abused, Neglected, or Misappropriated the Property of Vulnerable Individuals|§ 68-11-1004. Agencies or Entities Required to Consult Registry Prior to Hiring Employees or Utilizing Volunteers

  Any of the following shall determine whether any prospective employee or volunteer person engaged in providing services to persons subject to this part is listed on the registry before the person is permitted to be employed or provide volunteer services:  A state agency under title 33, 37, 68 or 71 that provides licensing authority over any entity subject to subdivision (a)(2) or that provides care for persons subject to this part;   An entity licensed by a state agency as defined in subdivision (a)(1); or   An entity with a contract between that entity and a state agency, as defined in subdivision (a)(1), and that provides care for persons subject to this part.     No employee or volunteer who is listed on the registry may be hired or otherwise permitted to provide such regulatory oversight or services.
TN Code § 68-11-1005 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 10 - Registry of Persons Who Have Abused, Neglected, or Misappropriated the Property of Vulnerable Individuals|§ 68-11-1005. Immunity From Liability for Allegations or Testimony Regarding Abuse, Neglect, or Misappropriation of Property

  Anyone who submits an allegation of abuse, neglect, or misappropriation or exploitation of property to the department for inclusion in the registry, or who testifies in any administrative or judicial proceeding arising from the allegation, shall be immune from any civil or criminal liability for making the report or for testifying, except for liability for perjury, unless the person acted in bad faith or with malicious purpose.   A licensing authority that refuses to license a person listed on the registry established by this part, or that refuses to license an entity that employs or allows such a person to provide care to vulnerable persons, or a person or entity that declines to employ or otherwise utilize such a person, or that terminates such a person, shall be absolutely immune from suit by or on behalf of that person and from any liability for such actions based upon the person's listing on the registry.
TN Code § 68-11-1006 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 10 - Registry of Persons Who Have Abused, Neglected, or Misappropriated the Property of Vulnerable Individuals|§ 68-11-1006. Promulgation of Rules

 The commissioner of health shall promulgate rules to effectuate the purposes of this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 68-11-1101 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 11 - Indigent Health Care|§ 68-11-1101. Purpose

 The purpose of this part is to ensure a more equitable allocation of public financial resources provided for the purpose of off-setting the financial burden placed on hospitals in providing necessary services to medically indigent citizens.
TN Code § 68-11-1102 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 11 - Indigent Health Care|§ 68-11-1102. Indigent Health Care Risk Fund — Created — Allocations

  There is created within the state treasury an indigent health care risk fund to be administered by the commissioner of finance and administration, with the approval of the governor.   The fund shall allocate the total revenue received by the state pursuant to § 68-11-216, less such amounts for administrative costs as may be set forth in the general appropriations act, pursuant to rules and regulations that the commissioner is authorized to promulgate.   In allocating the funds in the indigent health care risk fund, consideration shall be given by the commissioner to:  The relative amounts of bad debt, medically indigent and charity care provided by the hospitals;   The amount of government subsidies to the hospitals; and   Any other factor relating to indigent care as determined by the commissioner.