2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 2 - SERVICES AND FACILITIES (§§ 52-2-101 — 52-2-1104) › Part 4 - DISABILITY SERVICES AND PERSONAL SUPPORT SERVICES LICENSURE LAW (§§ 52-2-401 — 52-2-421) › Section 52-2-403 - Licensure for certain services and facilities; exemptions, exclusions, and waivers; review panel; rulemaking

(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.