reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-134 - License, certification or registration - Notifications - Prerequisites - Website - Electronic notifications

(a)
The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each applicant for a professional or occupational license, certification or registration from the department, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, guidelines, and policies setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, guidelines, and policies.
(b)
The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a professional or occupational license, certification or registration from the board, commission, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration.
(c)
The department and each board, commission, agency or other governmental entity created pursuant to this title shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity.
(d)
(1)
The department and each board, commission, agency, or other governmental entity created pursuant to this title shall allow each holder of a professional or occupational license, certification or registration from the department, board, commission, agency or other governmental entity to have the option of being notified by electronic mail of:
(A)
Renewals of the holder's license, certification or registration;
(B)
Any fee increases;
(C)
Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and
(D)
Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
(2)
The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.
Acts 2008, ch. 1070, § 12; 2012, ch. 952, § 9.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-135 - Victims of human trafficking

(a)
The commissioner of human services shall establish a plan for the delivery of services to victims of human trafficking after consultation with the following departments:
(1)
Department of children's services;
(2)
Department of health;
(3)
Department of disability and aging;
(4)
Department of mental health and substance abuse services; and
(5)
Tennessee bureau of investigation.
(b)
The plan developed under subsection (a) shall include, but not be limited to, provisions to:
(1)
Identify victims of human trafficking in this state;
(2)
Identify community-based services for victims of human trafficking;
(3)
Assist victims of human trafficking through the provision of information regarding access to benefits and services to which those victims may be entitled;
(4)
Coordinate delivery of services and information concerning health care, mental health care, legal services, housing, job training, education and victim's compensation funds;
(5)
Prepare and disseminate educational materials and provide training programs to increase awareness of human trafficking and the services available to victims; and
(6)
Assist victims of human trafficking with family reunification.
(c)
In addition to the requirements of subsection (b), the plan shall include a timeline for which the department anticipates the state would be capable of implementing the plan, along with anticipated rates of assistance to victims of human trafficking, cost of implementation, an itemized rationale for both, and any other factor that the department opines will significantly contribute to or detract from the success of implementing the plan.
(d)
By July 1, 2013, the department of human services shall transmit a copy of the plan and issue a report to the chair of the judiciary committee of the senate and the chair of the judiciary committee of the house of representatives.
Amended by 2024 Tenn. Acts, ch. 688,s 178, eff. 7/1/2024.
Amended by 2019 Tenn. Acts, ch. 345, s 132, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 33, eff. 4/19/2013.
Acts 2012 , ch. 575, § 1; 2012 , ch. 963, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 2 - ADVANCES TO SOCIAL SERVICES CONTRACTORS (§§ 71-1-201 — 71-1-205) › Section 71-1-201 - Advance payment

Organizations, businesses, or institutions engaged in contracts with the state to provide social services to third parties, including Title XX (
42 U.S.C. §§ 1397
et seq.), weatherization, low income energy assistance and other community services administered or funded by the department of human services, that are partially funded by federal grants provided on a cost reimbursement basis, may request advance payment from the state.
Acts 1976, ch. 454, § 1; T.C.A., § 14-2401; Acts 1984, ch. 789, § 1; T.C.A., § 14-32-101.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 2 - ADVANCES TO SOCIAL SERVICES CONTRACTORS (§§ 71-1-201 — 71-1-205) › Section 71-1-202 - Application to state agency or department

Organizations or businesses having state contracts to provide services may make application to the state agency or department having jurisdiction over the contractor for advance payment. No funds shall be released to the contractor until the third party contractor has demonstrated that state matching fund requirements have been met.
Acts 1976, ch. 454, § 2; T.C.A., §§ 14-2402, 14-32-102.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 2 - ADVANCES TO SOCIAL SERVICES CONTRACTORS (§§ 71-1-201 — 71-1-205) › Section 71-1-203 - Approval - Procedure

Upon approving an application for funds, the state agency or department with jurisdiction over the contractor shall forward the application to the director of accounts for payment.
Acts 1976, ch. 454, § 3; T.C.A., §§ 14-2403, 14-32-103.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 2 - ADVANCES TO SOCIAL SERVICES CONTRACTORS (§§ 71-1-201 — 71-1-205) › Section 71-1-204 - Limitation on use of funds

Funds provided under this part shall only be used to cover costs incurred by third party social service contractors to cover necessary capital expenditures, to provide cash flow, or for other proper purposes where payment is required in cash and cost reimbursement is unacceptable.
Acts 1976, ch. 454, § 4; T.C.A., §§ 14-2404, 14-32-104.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 2 - ADVANCES TO SOCIAL SERVICES CONTRACTORS (§§ 71-1-201 — 71-1-205) › Section 71-1-205 - Procedures for advance payments - Limitation - Appropriation

(a)
The commissioner of finance and administration is directed to establish procedures to provide for the advance payments authorized in §
71-1-201
. At the termination of the contract or upon termination of provision of contracted social service by the agency, the department of human services shall withhold any outstanding advance from funds otherwise payable to the agency under the contract with the department.
(b)
The advance payments shall not exceed an amount appropriated for the advance payments in the general appropriations act for each fiscal year.
Acts 1976, ch. 454, § 5; 1978, ch. 887, § 1; T.C.A., § 14-2405; Acts 1984, ch. 789, § 2; T.C.A., § 14-32-105.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-101 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 2; 1982, ch. 834, § 2; T.C.A., § 14-6-101; Acts 2001, ch. 397, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-102 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 3; 1982, ch. 834, § 3; T.C.A., § 14-6-102; Acts 2001, ch. 397, § 3.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-103 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 4; 1982, ch. 834, § 4; T.C.A., § 14-6-103; Acts 2001, ch. 397, § 4.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-105 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 221, s 2, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 221, s 1, eff. 4/25/2023.
Amended by 2022 Tenn. Acts, ch. 1049, s 2, eff. 5/25/2022.
Amended by 2014 Tenn. Acts, ch. 556, s 5, eff. 3/21/2014.
Amended by 2016 Tenn. Acts, ch. 690, Secs.s 1, s 2, s 3, s 4 eff. 3/24/2016.
Amended by 2015 Tenn. Acts, ch. 461, s 1, eff. 5/18/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 58, eff. 4/19/2013.
Acts 1981, ch. 428, § 6; 1982, ch. 834, § 6; 1984, ch. 943, § 3; T.C.A., § 14-6-105; Acts 2001, ch. 397, § 6; 2002, ch. 703, § 1; 2012 , ch. 986, § 15.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-106 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 7; 1982, ch. 834, § 7; 1984, ch. 943, § 4; T.C.A., § 14-6-106; Acts 2001, ch. 397, § 7.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-107 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 8; 1982 ch. 834, § 8; 1984, ch. 943, § 5; T.C.A., § 14-6-107; Acts 2001, ch. 397, § 8; 2012 , ch. 800, § 49; 2012 , ch. 986, § 16.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-108 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 10; 1982, ch. 834, § 11; 1984, ch. 943, § 6; T.C.A., §§ 14-6-109,
71-2-109
; Acts 2001, ch. 397, § 9.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-109 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1989, ch. 353, § 1; T.C.A., §
71-2-111
; Acts 2001, ch. 397, § 10.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-110 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 461, s 2, eff. 5/18/2015.
Acts 1997 , ch. 436, § 1; T.C.A., § 71-2-112; Acts 2001, ch. 397, § 11.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-111 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 2001, ch. 397, § 12; 2009 , ch. 566, § 12.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-112 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Added by 2016 Tenn. Acts, ch. 1044, s 5, eff. 4/28/2016.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-113 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Added by 2016 Tenn. Acts, ch. 1044, s 6, eff. 4/28/2016.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-114 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Added by 2016 Tenn. Acts, ch. 1044, s 7, eff. 4/28/2016.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-115 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Added by 2018 Tenn. Acts, ch. 548, s 1, eff. 3/9/2018.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-116 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 466, s 15, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 561, s 3, eff. 3/19/2020.
Acts 2018 , ch. 955, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-117 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 466, s 16, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 526, Secs.s 1, s 2, s 3, s 4 eff. 3/6/2020.
Added by 2019 Tenn. Acts, ch. 364, s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-201 - Short title

This part may be cited as the "Old-Age Assistance Law."
Acts 1937, ch. 49, § 20; C. Supp. 1950, § 4765.17 (Williams, § 4765.34); T.C.A. (orig. ed.), §§ 14-201, 14-2-101.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Assistance" means either money payments made to or in behalf of aged persons in need, or medical care and treatment, nursing home care, drugs including hospitalization, and outpatient care or any other type of remedial care recognized under state law in behalf of aged persons in need, or any of these, but does not include subdivisions (1)(A)-(1)(D) unless the federal Social Security Act (42 U.S.C.), is amended to include one (1) or more of the following:
(A)
Any such payments to or care in behalf of any individual who is an inmate of a public institution, except as a patient in a medical institution, or any individual who is a patient in an institution for tuberculosis or mental diseases;
(B)
Any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result of tuberculosis or psychosis;
(C)
Any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that such individual has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution as a result of such diagnosis, for forty-two (42) days; or
(D)
Is not an inmate of any private institution except such private institution as has been approved by the department at the time of receiving assistance;
(2)
"Department" means the department of human services;
(3)
"Recipient" means a person who was receiving old age assistance benefits during the month of December 1973, and is now qualified under the provisions of Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits; and
(4)
"Regional director" means the director of a region under chapter 1, part 1 of this title.
Acts 1937, ch. 49, § 1; 1939, ch. 134, § 1; C. Supp. 1950, § 4765.18 (Williams, § 4765.17); Acts 1957, ch. 117, § 1; 1965, ch. 14, § 1; 1973, ch. 337, § 2; 1974, ch. 628, § 1; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), §§ 14-202, 14-2-102.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-203 - Eligibility for assistance

Assistance shall be granted under this part to any person who:
(1)
(A)
Is sixty-five (65) years of age or older;
(B)
Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the state; provided, that temporary absence from the state, with subsequent returns to the state or intent to return when the purposes of the absence have been accomplished, shall not, for the purpose of this part, interrupt continuity of residence;
(C)
Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health; and whose spouse is not able to meet such person's needs as determined by the department's standards; and
(D)
Within five (5) years immediately preceding application or during receipt of assistance, has not, in order to evade any provision of this part, made an assignment or transfer of property, the proceeds from which at the fair market value, irrespective of the actual consideration received, would under the state standards of need still be available to meet the needs of the individual. Any transfer of property to a husband, wife, son, daughter, son-in-law, daughter-in-law, nephew or niece, within the period above mentioned, shall be prima facie evidence that the transfer was made with the intent to evade this part; or
(2)
Was receiving old age assistance benefits during the month of December 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits.
Acts 1937, ch. 49, § 2; 1949, ch. 85, § 1; 1949, ch. 135, § 1; C. Supp. 1950, § 4765.19 (Williams, § 4765.18); Acts 1951, ch. 104, § 1; 1951, ch. 223, § 1; 1955, ch. 24, § 1; 1955, ch. 169, § 1; 1957, ch. 81, § 1; 1957, ch. 116, § 1; 1965, ch. 14, § 2; 1967, ch. 64, §§ 1, 2; 1970, ch. 369, § 1; 1974, ch. 628, § 2; T.C.A. (orig. ed.), §§ 14-203, 14-2-103.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-204 - Determination of amount of assistance

The amount of assistance that any person shall receive in the form of supplementary money payments shall be determined by an application of § 212(a) of Public Law 93-66 and rules and regulations made by the department establishing standards of need and allowable resources to the recipient's present personal and economic circumstances.
Acts 1937, ch. 49, § 3; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.20 (Williams, § 4765.19); Acts 1953, ch. 8, § 1; modified; 1957, ch. 22, § 3; 1957, ch. 117, § 2; 1961, ch. 24, § 1; 1965, ch. 14, § 3; 1967, ch. 64, § 3; 1973, ch. 303, § 12; 1974, ch. 628, § 3; T.C.A. (orig. ed.), §§ 14-204, 14-2-104.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-205 - Duties of department

The department shall:
(1)
Supervise the administration of assistance to the needy aged under this part by the regional directors;
(2)
Make such rules and regulations and take such action as may be necessary or desirable for carrying out this part. All rules and regulations made by the department shall be binding on the counties and shall be complied with by the respective regional directors;
(3)
Establish standards for personnel employed by the department in the administration of this part and make necessary rules and regulations to maintain such standards;
(4)
Prepare and supply to the regional directors such forms as it may deem necessary and advisable;
(5)
Cooperate with the commissioner of social security, or any federal officer or agency made successor to the commissioner of social security, in any reasonable manner as may be necessary to qualify for federal aid for assistance to the needy aged and in conformity with this part, including the making of such reports in such forms and containing such information as the commissioner of social security may from time to time require, and comply with such provisions as such commissioner may from time to time find necessary to assure the correctness and verification of such reports; and
(6)
Publish an annual report and such interim reports as may be necessary.
Acts 1937, ch. 49, § 4; C. Supp. 1950, § 4765.21 (Williams, § 4765.20); modified; Acts 1973, ch. 303, § 13; T.C.A. (orig. ed.), §§ 14-206, 14-2-105.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-206 - Duty of regional directors

The regional directors shall administer this part in the counties of their regions, subject to the rules and regulations prescribed by the department, and shall report to the department at such time and in such manner as it may direct.
Acts 1937, ch. 49, § 5; C. Supp. 1950, § 4765.22 (Williams, § 4765.21); T.C.A. (orig. ed.), §§ 14-207, 14-2-106.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-207 - Appeal to department

If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it. The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportunity for a hearing.
Acts 1937, ch. 49, § 9; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.26 (Williams, § 4765.25); Acts 1973, ch. 303, § 15; 1974, ch. 628, § 5; T.C.A. (orig. ed.), §§ 14-212, 14-2-107.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-208 - Finality of departmental decision

All decisions of the department shall be final and shall be binding upon the county involved and shall be complied with by the regional director or a designated agent.
Acts 1937, ch. 49, § 9; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.26 (Williams, § 4765.25); T.C.A. (orig. ed.), §§ 14-214, 14-2-108.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-209 - Periodical reinvestigation of grants

All assistance grants in the form of money payments made under this part shall be reconsidered by the regional director or a designated agent as frequently as may be required by the rules of the department. After such further investigation as the regional director or a designated agent may deem necessary or the department may require, the amount of assistance may be changed or assistance may be entirely withdrawn if the recipient's circumstances have altered to warrant such action.
Acts 1937, ch. 49, § 10; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.27 (Williams, § 4765.26); Acts 1957, ch. 117, § 5; 1973, ch. 303, § 17; T.C.A. (orig. ed.), §§ 14-215, 14-2-109.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-210 - Change in circumstances of recipient

If at any time during the continuance of assistance the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the regional director or a designated agent of the receipt or possession of such property or income. The regional director or a designated agent may, after investigation, either cancel the assistance or alter the amount of the money payment in accordance with the circumstances. Any assistance paid after the recipient has come into possession of such property or income and in excess of the recipient's need as determined by the department's standards shall be recoverable in a suit by the state as a debt due to the state.
Acts 1937, ch. 49, § 11; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.28 (Williams, § 4765.27); Acts 1957, ch. 117, § 6; 1961, ch. 13, § 1; 1974, ch. 628, § 6; T.C.A. (orig. ed.), §§ 14-216, 14-2-110.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-211 - Removal of recipient from county

Any recipient who moves to another county in this state shall be entitled, with the approval of the department, to receive assistance in the county to which the recipient has moved, and the regional director or a designated agent of the county from which the recipient has moved shall transfer all necessary records relating to the recipient to the regional director or a designated agent of the county to which the recipient has moved.
Acts 1937, ch. 49, § 13; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.30 (Williams, § 4765.29); Acts 1951, ch. 161, § 1; T.C.A. (orig. ed.), §§ 14-217, 14-2-111.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-212 - Amendment of part

All assistance granted under this part shall be deemed to be granted and to be held subject to any amending or repealing statute that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of such recipient's assistance being affected in any way by any amendment or repealing statute.
Acts 1937, ch. 49, § 19; C. Supp. 1950, § 4765.36 (Williams, § 4765.33); T.C.A. (orig. ed.), §§ 14-218, 14-2-112.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-213 - Charging for assistance to applicants unlawful

(a)
It is unlawful for any person, firm, or corporation to directly or indirectly either charge or receive anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under any statutes of this state providing for financial assistance to persons over sixty-five (65) years of age.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1937, ch. 118, § 1; C. Supp. 1950, § 4765.37; T.C.A. (orig. ed.), §§ 14-219, 14-2-113; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-214 - Unlawful use of lists of recipients

(a)
Except as permitted by §§
71-1-117
and
71-1-118
, it is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, any list or names of, or any information concerning, persons applying for or receiving old-age assistance, directly or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or acquired in the course of the performance of official duties.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1941, ch. 148, § 1; C. Supp. 1950, § 4765.37 (Williams, § 11412.7); impl. am. Acts 1953, ch. 29, §§ 1, 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-220, 14-2-114; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-215 - Penalty for fraudulent acts

Whoever:
(1)
Knowingly obtains, or attempts to obtain, or aids, or abets any persons to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which such person is not entitled or assistance greater than that to which such person is justly entitled; or
(2)
With intent to defraud, aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance, without the consent of the department;
commits a Class E felony.
Acts 1937, ch. 49, § 18; 1943, ch. 42, § 2; C. Supp. 1950, § 4765.35 (Williams, § 4765.32); Acts 1955, ch. 26, §§ 1, 2; T.C.A. (orig. ed.), §§ 14-221, 14-2-115; Acts 1989, ch. 591, § 102.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 2 - OLD AGE ASSISTANCE (§§ 71-2-201 — 71-2-216) › Section 71-2-216 - Assistance not assignable - Exemption from execution

Assistance granted under this part is not transferable or assignable, at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.
Acts 1937, ch. 49, § 8; C. Supp. 1950, § 4765.25 (Williams, § 4765.24); T.C.A. (orig. ed.), §§ 14-222, 14-2-116.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 3 - MEDICAL CARE FOR THE AGED (§§ 71-2-301 — 71-2-308) › Section 71-2-301 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Applicant" means a person requesting medical assistance under this part;
(2)
"Department" means the department of human services;
(3)
"Medical assistance" means vendor payments or other payments for drugs in behalf of any person in need of this form of medical assistance as determined by department standards; and
(4)
"Recipient" means a person receiving medical assistance under the terms of this part.
Acts 1961, ch. 96, § 1; 1971, ch. 43, § 1; impl. am. Acts 1975, ch. 219, § 1(a, b); T.C.A., §§ 14-1601, 14-3-101.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 3 - MEDICAL CARE FOR THE AGED (§§ 71-2-301 — 71-2-308) › Section 71-2-302 - Determination of amount of medical assistance

The amount of medical assistance that any person shall receive in the form of drugs under this part shall be determined by measuring the income and resources of such person against the statewide standards provided in §
71-2-303(3)
and shall be approved by the regional director or a designated agent and the county mayor of the county in which such person resides.
Acts 1961, ch. 96, § 3; 1971, ch. 43, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §§ 14-1603, 14-3-102; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 3 - MEDICAL CARE FOR THE AGED (§§ 71-2-301 — 71-2-308) › Section 71-2-303 - Duties of department

The department shall:
(1)
Supervise the administration of medical assistance;
(2)
Make such rules and regulations and take such action as may be necessary or desirable for carrying out of this part, to the end that equitable treatment shall be afforded to individuals in similar circumstances. All rules and regulations made by the department shall be binding on the counties and shall be complied with by the respective regional directors;
(3)
Establish statewide standards for determining the amount of medical assistance that any person shall receive;
(4)
Employ personnel for the administration of this part in conformity with title 8, chapter 30, and the rules and regulations of the department of human resources; and
(5)
Publish an annual report and such interim reports as may be necessary.
Acts 1961, ch. 96, § 4; 1971, ch. 43, § 4; T.C.A., §§ 14-1604, 14-3-103; Acts 2012, ch. 800, § 49.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 3 - MEDICAL CARE FOR THE AGED (§§ 71-2-301 — 71-2-308) › Section 71-2-304 - Appeal to department by applicant or recipient

If an application is not acted upon by the regional director, or a designated agent, and the county mayor within a reasonable time after the filing of the application, or is denied in whole or in part, or if any award of medical assistance is modified or cancelled under any provision of this part, the applicant or recipient may appeal to the department in the manner and form prescribed by the department, and shall be afforded a reasonable notice and opportunity for a fair hearing by the department. Written notice of a right to a fair hearing shall be given by the county office to each applicant and recipient at such time as the county office takes any action concerning the amount awarded to the individual or the action on the application of the individual.
Acts 1961, ch. 96, § 5; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §§ 14-1605, 14-3-104; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 3 - MEDICAL CARE FOR THE AGED (§§ 71-2-301 — 71-2-308) › Section 71-2-305 - Review on motion of department - Notice to applicants or recipients - Hearing - Decision final

The department may also, upon its own motion, review any decision of a regional director, or a designated agent, and county mayor, and may consider any application upon which a decision has not been made by the regional director, or a designated agent, within a reasonable time. The department may make such additional investigation as it may deem necessary, and shall make such decision on such application as in its opinion is justified and in conformity with this part. Applicants or recipients affected by such decisions of the department shall be notified of such decision in writing, and shall, upon request, be given reasonable notice and opportunity for a fair hearing by the department. All decisions of the department shall be final and shall be binding upon the county involved and shall be complied with by the regional director or a designated agent.
Acts 1961, ch. 96, § 6; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §§ 14-1606, 14-3-105; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 3 - MEDICAL CARE FOR THE AGED (§§ 71-2-301 — 71-2-308) › Section 71-2-306 - Recipient receiving property or income - Notice required - Recovery - Fraudulently obtaining aid or disposing of property - Penalty

(a)
If, at any time during the certification for medical assistance, the recipient becomes possessed of any property, real or personal, or income in excess of the amount stated in such recipient's application for medical assistance or transfers any of such recipient's property, real or personal, it shall be the duty of the recipient to immediately notify the local county office of the department. Any medical assistance paid after the recipient has come into possession of property, real or personal, or income, or has transferred any of such recipient's property, real or personal, that renders the recipient ineligible to receive medical assistance under the rules and regulations of the department, shall be recoverable in a suit by the state as a debt due the state.
(b)
Whoever:
(1)
Knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, medical assistance to which such person is not entitled or medical assistance greater than that to which such person is justly entitled; or
(2)
With intent to defraud, aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of medical assistance, without the consent of the department;
commits a Class E felony and is punishable accordingly, except such acts shall be punished as Class A misdemeanors where the amount involved is less than five hundred dollars ($500).
Acts 1961, ch. 96, § 12; 1965, ch. 13, § 1; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-1612, 14-3-106; Acts 1989, ch. 591, §§ 1, 6, 103.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 3 - MEDICAL CARE FOR THE AGED (§§ 71-2-301 — 71-2-308) › Section 71-2-307 - Charge for assistance in obtaining aid - Misdemeanor

(a)
It is unlawful for any person, firm or corporation to directly or indirectly either charge or receive anything of value for assisting any person in making application to the proper authorities of this state for medical assistance under this part.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1961, ch. 96, § 13; T.C.A., §§ 14-1613, 14-3-107; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 3 - MEDICAL CARE FOR THE AGED (§§ 71-2-301 — 71-2-308) › Section 71-2-308 - Improper use of names of recipients - Penalty

(a)
It is unlawful for any person, except for purposes directly connected with the administration of this chapter, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, any list or names of, or any information concerning, persons applying for or receiving medical assistance, directly or indirectly derived from the records, papers, files or communications of the department or divisions of the department, or acquired in the course of the performance of official duties.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1961, ch. 96, § 14; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-1614, 14-3-108; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-401 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Adult day care" means services provided to five (5) or more adult recipients, for more than three (3) hours per day, by a provider of such services who is not related to such adult, pursuant to an individualized plan of care designed to maintain or restore each adult's optimal capacity for self care through medical or social services;
(2)
"Adult day care center" means a facility that provides adult day care services;
(3)
"Commissioner" means the commissioner of human services;
(4)
"Department" means the department of human services; and
(5)
"Related" means, for purposes of this part, a person who is related to the adult day care services recipient as a legal or biological parent, spouse, child, sibling, aunt, uncle, nephew or niece of any degree, grandparent or grandchild of any degree, or cousin to the third degree, or a step parent, or a step grandparent of any degree.
Amended by 2017 Tenn. Acts, ch. 276,s 1, eff. 7/1/2017.
Acts 1996, ch. 1058, § 2; 1997, ch. 449, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-402 - Licensing requirements - Exemption for limited respite care services program

(a)
No person or any entity of any kind, public or private, shall provide adult day care in this state without first obtaining a license as provided in this part.
(b)
If any person or entity appears to be subject to the licensing requirements of this part and is currently licensed by any other agency of state government, the commissioner shall consult with the head of such other state agency, and, if after such consultation, the commissioner determines that the services to adults that are provided by the person or entity are adequately regulated by the licensing requirements of that other state agency, then the commissioner may determine that no licensing of such person or entity by the department pursuant to this part shall be necessary.
(c)
(1)
A limited respite care services program is exempt from licensure under this part.
(2)
For purposes of this subsection (c), "limited respite care services program" means a program that has as its sole purpose to provide primary caregivers of appropriate adults with relief from normal caregiving duties and responsibilities and:
(A)
Is operated by a religious institution or religious organization that provides custodial care for aging adults and adults with limitations on activities of daily living:
(i)
Who can function in a group setting;
(ii)
Who can feed and perform toilet functions without the assistance of a personal aide accompanying them; and
(iii)
Who attend no more than three (3) days each calendar week, no more than twelve (12) hours in any one (1) week, and no more than six (6) hours in any one (1) day;
(B)
Is registered with the department pursuant to rule promulgated by the commissioner under §
71-2-412
;
(C)
Maintains records that include, at a minimum, dates and times of each adult's attendance;
(D)
Provides care services for less than fifteen (15) adults at the same time; and
(E)
Does not administer medications to adults while under the program's care.
(3)
For purposes of this subsection (c), "religious institution" or "religious organization" means an entity exempt from registration as a bona fide religious institution under §
48-101-502
.
(4)
The department is authorized to make site visits to a program in order to ensure compliance with the terms of the exemption permitted under this subsection (c).
Amended by 2018 Tenn. Acts, ch. 607,s 1, eff. 4/2/2018.
Acts 1996, ch. 1058, § 3.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-404 - Profits - Application requirements

If an adult day care center is operated only by a municipality or county or by a nonprofit corporation, no part of the net earnings may lawfully inure to the benefit of any private shareholder or individual. An applicant for initial licensure as an adult day care center shall file with the department, pursuant to its regulations, an application on forms furnished by the department, which shall include, but not be limited to, the following:
(1)
Evidence satisfactory to the department that the applicant, its directors and officers, if the applicant is a nonprofit corporation, and the person designated to manage the day to day affairs of the proposed adult day care center are of reputable and responsible character;
(2)
Evidence satisfactory to the department of the ability of the applicant to comply with this part and of rules and regulations adopted pursuant to this part by the department;
(3)
Such other information as may be required by the department for the proper administration and enforcement of this part.
Acts 1996, ch. 1058, § 5.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-406 - Revocation of license

(a)
If, during the period of any license issued by the department, it determines that the license issued to the adult day care center should be revoked because of a failure to comply with the standards of this part or the regulations adopted pursuant to this part for the operation of such a center, the department may, after notice and an opportunity to show compliance with all lawful requirements for retention of the license, revoke such license upon sixty (60) days' notice to the licensee or other person responsible for the day to day operation of the adult day care center.
(b)
(1)
A license may be summarily suspended by the department if, pursuant to §
4-5-320
, the department finds in its summary suspension order that the public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, and that the order states what action must be taken by the licensee to immediately effect compliance with the licensing standards.
(2)
The summary suspension order shall be reviewed by a hearing officer appointed by the commissioner within five (5) working days of the suspension order, excluding Saturdays, Sundays and legal holidays, who shall make a written determination of whether probable cause exists for continuance of the suspension order after opportunity for response and an informal hearing before such officer by the licensee.
(3)
The department shall adopt such other rules as may be necessary to provide due process procedures involving the licensing of adult day care centers that are consistent with law, and to accomplish the revocation, denial and suspension of license procedures as may be required by this part.
Acts 1996, ch. 1058, § 7.