reglab/statecodes huggingface dataset:
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 52-2-412 - Injunction

(a)
The department may sue to enjoin any person, partnership, association, or corporation from establishing, conducting, managing, or operating any service or facility providing intellectual or developmental disability services, services to older persons and adults with disabilities, or personal support services within the meaning of this title without having obtained a license as required under this title or while its license has been suspended or revoked. Suit may be brought in the name of the state, either by the attorney general and reporter or by the legal counsel for the department, in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violations occurred.
(b)
In charging any defendant in a complaint for injunction, it is sufficient to charge that the defendant did, upon a certain day and in a certain county, establish, conduct, manage, or operate a service or facility providing intellectual or developmental disability services or personal support services or that the defendant is about to do so without having a license, without averring any further or more particular facts concerning the case.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 52-2-413 - Inspections

(a)
The department shall make at least one (1) unannounced visit to review quality standards and to perform a life safety and environmental inspection, as applicable, of each licensed service or facility yearly. The department may deem a service or facility in compliance without inspection if the service or facility meets another government agency's certification or accreditation requirements provided for in rules of the department.
(b)
With or without giving notice, the department may enter the premises and inspect any applicant, licensee, or facility that is providing intellectual or developmental disability services or personal support services without a license when a complaint is filed with the department against the applicant or licensee or when the department otherwise deems inspection in the interest of persons supported. Inspection may include review of the physical plant, program, activities, and applicant or licensee records.
(c)
The department may charge a fee for any service or facility inspection in an amount not to exceed fifty dollars ($50.00).
(d)
If the department finds noncompliance with life safety or food service standards relating to non-life-threatening issues, the department must refer the findings to the state or local agency responsible for life safety or food service inspection for reinspection or review in accordance with life safety or food service standards. The department shall accept the state or local agency's determination.
(e)
The department shall, to the extent practicable, coordinate life safety inspections to avoid duplication without good cause in the same calendar year by other government agencies that apply substantially the same standards.
(f)
The department shall include in its annual inspection of each facility licensed under this title a determination of the facility's compliance with the reporting requirements in§ 52-3-116. The facility must document its compliance with a record of its communication with local law enforcement with respect to the commitments. A facility's failure to comply with the reporting requirements subjects the facility to civil penalties or other action against the facility's license under § 52-2-407.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 52-2-414 - Department assistance

The department may provide assistance to applicants for a license under this part. The department shall provide assistance in placing persons supported who are adversely affected by denial, suspension, or revocation of a license under this part.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 52-2-415 - Provisional licenses

(a)
The department may grant a provisional license for up to one (1) year to a service or facility if:
(1)
The service or facility is making a diligent effort to comply with standards adopted under this part;
(2)
The continued operation of the service or facility will not endanger the health or safety of its persons supported;
(3)
The continued operation of the service or facility is necessary because care is not otherwise reasonably available for its persons supported;
(4)
The service or facility has submitted an acceptable compliance plan specifying how and when deficiencies will be corrected; and
(5)
The service or facility has substantially met the commitments made in the preceding year's compliance plan, if any.
(b)
Failure to meet the commitments made in the compliance plan is a ground for revocation or suspension of the license.
(c)
Copies of provisional licenses and compliance plans must be maintained in a central location and are open to public inspection.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 52-2-416 - Serious abuse, dereliction, or deficiency in operation of facility; license suspension or revocation

(a)
The department shall investigate reports of serious abuse, dereliction, or deficiency in the operation of a licensed service or facility.
(b)
(1)
A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, are presumed to be acting in good faith and are immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(2)
Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation.
(3)
Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
(c)
(1)
The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction, or deficiency is found and not corrected in a reasonable time.
(2)
The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or. of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment must not exceed a period of one hundred twenty (120) days, except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. This part does not take away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d).
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 52-2-419 - Training and continuing education

(a)
Any individual employed by a personal support services agency to provide personal support services must complete standardized training and continuing education under department rules.
(b)
The department may create classifications for personal support services agencies specializing in a type of service or care and may require additional training and continuing education for those classifications.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 52-2-420 - Licensure for personal support services

If an agency is licensed as a personal support services agency under this title, it does not have to be licensed under title 68, chapter 11, part 2, as a home care organization to provide personal support services. If an agency is licensed under title 68, chapter 11, part 2, as a home care organization, it does not have to be licensed under this title to provide personal support services.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 5 - TRANSPORTATION (§§ 52-2-501 — 52-2-502) › Section 52-2-501 - Transportation options

The department may develop an array of options for transportation for all regions of the state that includes, but is not limited to, willing family members, transportation agents that are available twenty-four (24) hours per day, ambulances or other medically appropriate vehicles, law enforcement, and public and private service providers.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 5 - TRANSPORTATION (§§ 52-2-501 — 52-2-502) › Section 52-2-502 - Transportation services meeting

The department shall, at least annually, convene a meeting on transportation services for persons with an intellectual or developmental disability and for older persons. The purpose is to promote development of interagency agreements under § 52-1-106 that assure availability of generic and specialized transportation services to persons supported and their families, coordinate service options, coordinate and maximize utilization of funding mechanisms, and assure training of transportation personnel in best practices for transporting persons supported. Participants must include affected state agencies, local government, public and private transportation service providers, intellectual and developmental disability service providers, persons supported, and family members of persons supported. There must be a sufficient number of persons supported arid their family members to assure effective representation in the meeting.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 6 - CONFLICT RESOLUTION (§§ 52-2-601 — 52-2-603) › Section 52-2-601 - Conflict resolution; rules, policies, procedures, guidelines

The department may adopt rules, policies, procedures, or guidelines for conflict resolution to assure quick resolution, minimize disruption of service and support to persons supported, and minimize the cost of conflicts in providing services and supports.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 6 - CONFLICT RESOLUTION (§§ 52-2-601 — 52-2-603) › Section 52-2-602 - Conflict resolution procedures and appeal processes; adoption by licensees

Every licensee under this title shall have a clear conflict resolution procedure, including an appeal process, that complies with the department's rules, policies, procedures, and guidelines, as applicable, and shall communicate the procedure to each person supported and their family, as appropriate, involved in the service. Termination of service or support because a third-party payer refuses to continue to fund the service or support is not subject to the conflict resolution procedure. The location where service or support is to be provided is not subject to the conflict resolution procedure unless the location is inaccessible to the person supported and their family, as appropriate. The procedure must include the means to resolve a conflict informally and expeditiously in conformity with the department's rules, policies, procedures, or guidelines, as applicable. A licensee shall not cease to provide services and supports to a person supported with an intellectual or developmental disability during the pendency of the conflict resolution over the objection of the person supported.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 6 - CONFLICT RESOLUTION (§§ 52-2-601 — 52-2-603) › Section 52-2-603 - Application of part

This part does not apply to grievances that are to be resolved under § 52-5-209(b)(3), policies, and procedures.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 7 - STATE FACILITIES (§§ 52-2-701 — 52-2-702) › Section 52-2-701 - Security guards; powers

The security guards at all department facilities and other personnel the commissioner may designate are vested with the powers and authority of peace officers and shall exercise the powers and authority on the grounds of facilities under the supervision of the department.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 7 - STATE FACILITIES (§§ 52-2-701 — 52-2-702) › Section 52-2-702 - Private grounds; trespassing; penalty

The enclosed premises and the adjoining land belonging to or used by and for any of the state facilities, are private grounds. If a person goes on the premises without authority or permission, the person commits a Class C misdemeanor.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 8 - COSTS IN PRIVATE NONPROFIT FACILITIES (§ 52-2-801) › Section 52-2-801 - Nonprofit service providers; purchasing goods and services

Any corporation that is exempted from taxation under
26 U.S.C. § 501 (c)(3)
, and that contracts with the state or its agents to provide services or supports to the public is authorized to purchase or contract to purchase goods or services on the same terms and conditions as that contracted for by the state under state purchasing contracts. Purchases by and for the corporation are not required to be made through the purchasing division of the department of general services.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 9 - COSTS IN STATE FACILITIES (§§ 52-2-901 — 52-2-910) › Section 52-2-901 - Charges for services

(a)
The commissioner, in consultation with the comptroller of the treasury and with the approval of the commissioner of finance and administration, may establish by rule a method for determination at least annually of charges for services and supports provided to persons supported in programs operated by the department, including the charges for all institutional or professional services.
(b)
Charges must be calculated using generally accepted accounting principles.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 9 - COSTS IN STATE FACILITIES (§§ 52-2-901 — 52-2-910) › Section 52-2-902 - lndigency determination; payments

(a)
The commissioner, in consultation with the comptroller of the treasury and with the approval of the commissioner of finance and administration, may establish rules for determining indigence and payments to be made periodically by nonindigent persons supported or their responsible relatives.
(b)
Periodic payments by the person supported or the responsible relative must be based on ability to pay as determined by factors the commissioner considers relevant.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 9 - COSTS IN STATE FACILITIES (§§ 52-2-901 — 52-2-910) › Section 52-2-903 - Liability for charges

If an individual is a person supported in a program operated by the department or is the parent of an unemancipated child who is a person supported by a program operated by the department, then the person is liable for the charges for the services and supports provided.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 9 - COSTS IN STATE FACILITIES (§§ 52-2-901 — 52-2-910) › Section 52-2-904 - Nonindigent person supported; payments

If a person supported who is not indigent receives service from a program operated by the department, then the department may at least annually establish an amount to be paid periodically by the person supported and each responsible relative.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 9 - COSTS IN STATE FACILITIES (§§ 52-2-901 — 52-2-910) › Section 52-2-905 - Liable parties; duty to provide information

(a)
The person supported who receives services and supports, the person supported's conservator or guardian, and persons who are legally liable for charges for services and supports shall furnish all information that the department deems necessary to determine the person's financial liability.
(b)
If a person willfully refuses to provide the information or knowingly provides false information that results in an underassessment of liability, then the person is liable for the total charges for services and supports provided and for the amount of the state's expenses incurred in recovering the amounts, including attorney salaries or fees.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 9 - COSTS IN STATE FACILITIES (§§ 52-2-901 — 52-2-910) › Section 52-2-906 - Services under court order; demand for money

If a person supported obtains services and supports under a court order from a program operated by the department, then the department may demand any of the person supported's money that is in the custody of the court and credit it to the person supported's account. For purposes of this section, "person supported" does not include persons receiving services under the public guardianship program for the elderly authorized by § 34-7-103.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 9 - COSTS IN STATE FACILITIES (§§ 52-2-901 — 52-2-910) › Section 52-2-907 - Continuing claims

The state has a continuing claim against a person supported by a program operated by the department and the estate of the person supported and against responsible relatives for any unpaid difference between what the department determines the person owes and what was paid for the service provided. If the person supported dies, or a responsible relative of the person supported dies, and the commissioner presents a claim for a sum unpaid and owing to the state on account of the person supported, then the claim must be paid from the estate of the deceased person. For purposes of this section, "person supported" does not include persons receiving services under the public guardianship program for the elderly authorized by§ 34-7-103.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 9 - COSTS IN STATE FACILITIES (§§ 52-2-901 — 52-2-910) › Section 52-2-908 - Voluntary payment

If a person who is not legally responsible to pay for a person supported's care contributes funds voluntarily for the person supported's care, then the department may accept the funds.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 9 - COSTS IN STATE FACILITIES (§§ 52-2-901 — 52-2-910) › Section 52-2-909 - State; provision of care

(a)
A person supported shall not receive care at the expense of the state in a program operated by the department, except:
(1)
A person who is indigent;
(2)
A person subject to evaluation, diagnosis, or treatment, under chapter 5, parts 4 and 5 of this title;
(3)
A person whose service is paid for, in part, by state or federal government and the payment is conditioned on the department's acceptance of it as full satisfaction of the person's liability; or
(4)
A person whose service is paid for by the person supported or another person or a third party and the department determines, under standards developed in consultation with the comptroller of the treasury and approved by the commissioner of finance and administration, that the state's interests are best served by accepting payment offered as full satisfaction of the person supported's liability.
(b)
Subdivision (a)(4) does not apply to any claim for payment for which the state has a suit pending to recover payment.
(c)
For purposes of this section, "person supported" does not include persons receiving services under the public guardianship program for the elderly authorized by § 34-7-103.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 9 - COSTS IN STATE FACILITIES (§§ 52-2-901 — 52-2-910) › Section 52-2-910 - Discrimination

There must be no discrimination in provision of services or supports based on inability to pay.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 10 - PERSONNEL AND VOLUNTEERS (§§ 52-2-1001 — 52-2-1003) › Section 52-2-1001 - Investigative reports release; fingerprints

(a)
To help the department determine the suitability of a person for volunteer services or employment and verify the accuracy of information submitted in support of an application to work for the department, any person who applies to work for the department as an employee, or any volunteer, whose function would include direct contact with or direct responsibility for persons with an intellectual or developmental disability shall:
(1)
Agree to the release of all investigative records about the person from any source, including federal, state, and local governments; and
(2)
Supply a fingerprint sample for the conduct of a criminal background investigation by the Tennessee bureau of investigation. If no disqualifying record is identified, then the bureau must send the fingerprints to the federal bureau of investigation for a national criminal history record check.
(b)
The department shall pay the costs for conducting any investigation under this section.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 10 - PERSONNEL AND VOLUNTEERS (§§ 52-2-1001 — 52-2-1003) › Section 52-2-1003 - Temporary staffing

If, in the commissioner's judgment, the occupancy level at a state-owned or -operated facility or treatment resource requires additional staffing for a temporary period in order to maintain suitable available accommodations, then the commissioner is authorized to contract for and utilize temporary staffing at the affected location.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 11 - CONFLICT OF INTEREST (§§ 52-2-1101 — 52-2-1104) › Section 52-2-1101 - Employees and officers; interest in facility; disclosure

A person shall disclose an ownership interest to the department or licensee, and shall 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 intellectual or developmental disabilities services or supports, if:
(1)
(A)
The person is an officer or employee of the department; or
(B)
The person is an officer or employee of a licensee of the department; and
(2)
(A)
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 intellectual or developmental disabilities services or supports;
(B)
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 intellectual or developmental disability services; or
(C)
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 intellectual or developmental disability services.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 11 - CONFLICT OF INTEREST (§§ 52-2-1101 — 52-2-1104) › Section 52-2-1102 - Violation of section 52-2-1101; penalty

(a)
If a person violates § 52-2-1101, then the commissioner must assess a civil penalty of one thousand five hundred dollars ($1,500) per incident against the person for each violation.
(b)
A penalty must 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).
(c)
If services or supports to a recipient of intellectual or developmental disabilities services or supports have been provided in violation of § 52-2-1101, then the commissioner may:
(1)
Require transfer of the person supported to another provider of services or supports as soon as is reasonably practical;
(2)
Authorize a person supported to remain with the provider of services or supports if the commissioner determines it to be in the best interests of the person supported to remain with the provider of services or supports;
(3)
Restrict the referral of other persons supported to the provider of services or supports;
(4)
Exercise a combination of the preceding powers; or
(5)
Impose any other appropriate sanctions in the discretion of the commissioner.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 11 - CONFLICT OF INTEREST (§§ 52-2-1101 — 52-2-1104) › Section 52-2-1103 - Contractors; interest in facility; disclosure of information

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 intellectual or developmental disability services or supports. Failure to disclose the information subjects the person to removal from the position held or the contract to cancellation or renegotiation.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
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 11 - CONFLICT OF INTEREST (§§ 52-2-1101 — 52-2-1104) › Section 52-2-1104 - Relief of responsibility; personnel records

If a person is relieved of decision-making authority or responsibility under this part, then the personnel records of the officer or employee must state that the officer or employee was relieved of authority or responsibility solely to conform to this part.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-101 - Rights; limitations

(a)
A person must not be deprived of liberty on the grounds that the person has or is believed to have an intellectual or developmental disability or is in need of service for such a condition, except in accordance with this title.
(b)
A person supported 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 state or federal law.
(c)
A person supported must be provided services or supports, to the extent that facilities, equipment, and personnel are available, in accordance with community standards.
(d)
The department shall keep records detailing services or supports received by each person with an intellectual or developmental disability. Records must be preserved by the department 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 (1) medium to another, then the source record may be destroyed upon determination by the department that the reproduced record is true and correct and will be accurately preserved. The reproduced record is deemed to be the original record.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-102 - Specific rights; basis for denial; conservator

(a)
A person with an intellectual or developmental disability admitted, whether voluntarily or involuntarily, or ordered to participate in nonresidential treatment or service under this title, must not, solely by reason of the 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:
(1)
The person supported's decision making rights have been removed by a court of competent jurisdiction and those specific rights have not been restored; or
(2)
The denial is authorized by state or federal statute.
(b)
A person shall not make decisions for a person supported on the basis of a claim to be the person supported'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.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-103 - Records; confidentiality

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 person supported or former person supported must be kept confidential and must not be disclosed by any person, except in compliance with this part. These confidentiality protections remain in effect until fifty (50) years after the death of the individual who is the subject of the confidential information, in accordance with
45 CFR 160.103
.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-104 - Confidential information; persons authorized to disclose

Information about a person supported that is confidential under § 52-3-103 may be disclosed with the consent of:
(1)
The person supported who is sixteen (16) years of age or older;
(2)
The conservator of the person supported or a conservator whom the court has granted the authority to make such disclosures;
(3)
The attorney in fact under a power of attorney who has the right to make disclosures under the power;
(4)
The parent, legal guardian, or legal custodian of a person supported who is a child;
(5)
The person supported's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;
(6)
The executor or administrator of the estate of a deceased adult person supported, or the parent or legal guardian of a deceased person supported who was a minor at the time of death;
(7)
The caregiver under title 34, chapter 6, part 3; or
(8)
An individual acting as an agent, or a person's surrogate as designated, under the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-105 - Confidential information; disclosure without consent

Information that is confidential under § 52-3-103 may be disclosed without consent of the person supported if:
(1)
Disclosure is necessary to carry out duties under this title;
(2)
Disclosure is for the purposes of treatment, payment for treatment, or health care operations as those terms are defined in
45 CFR 164.501
;
(3)
Disclosure may be necessary to assure service or care to the person supported by the least drastic means that are suitable to the person supported's liberty and interests;
(4)
The disclosure is for a judicial or administrative proceeding and the confidential information is disclosed in compliance with the requirements in
45 CFR 164.512(e)
;
(5)
It is solely information as to a residential person supported's overall medical condition without clinical details and is sought by the person supported's family members, relatives, conservator, legal guardian, legal custodian, guardian ad litem, foster parents, or friends. A disclosure made under this section must only be made if it is not contrary to any other law, rule, or court order;
(6)
A person supported moves from one (1) service provider to another and exchange of information is necessary for continuity of service;
(7)
A custodial agent for another state agency that has legal custody of the person supported cannot perform the agent's duties properly without the information;
(8)
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); or
(9)
The disclosure is one permitted under
45 CFR 164.512
and the disclosure complies with the requirements in
45 CFR 164.512
.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-106 - Federally mandated protection and advocacy agency; organization paying for treatment; disclosure of information

(a)
If the head of the federally mandated protection and advocacy agency for persons with an intellectual or developmental disability, or the designated representative of the agency head, requests disclosure of information protected by § 52-3-103 and specifies the personally identifiable person supported information sought and the federally mandated function for which it is required, then the information may be disclosed to the agency without consent. The disclosure of information must 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 person supported or, as appropriate, the conservator of the person supported, or the parent's or legal guardian's consent in the case of a child. The service provider shall notify the person supported or, as appropriate, the conservator of the person supported, or the person supported's parent or legal guardian in the case of a child, 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 2000 (
42 U.S.C. §§ 15001
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
).
(b)
If an organization pays for a service provider's service to a person supported, then the service provider may disclose to the organization without the person supported's consent only such information about the person supported 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 the person supported's consent.
(c)
If the department determines that an emergency substantially impairs a provider's capacity to provide service to its persons supported and the department appoints a receiver for person supported information, then the person supported's information may be transferred to a new service provider without the person supported's consent.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-107 - Rules

The department may promulgate -rules to implement this part, including rules on the form, content, and means of consent and disclosure, scope of permissible disclosure, and definitions of terms.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-108 - Reports of harm; granting access to records; disclosure of identity

(a)
Section 52-3-103 does not preclude making reports of harm or granting access to records if making reports of harm or granting access to records is:
(1)
Expressly required by title 37, chapter 1, part 4;
(2)
Expressly required by title 37, chapter 1, part 6;
(3)
Expressly required by title 71, chapter 6; or
(4)
Requested by a state or federal entity investigating reports of abuse, neglect, or exploitation under the respective authority of that state or federal entity.
(b)
(1)
The identity of a person who reports abuse, exploitation, fraud, neglect, misappropriation, or mistreatment to the department is confidential and must not be disclosed without the person's consent, except as follows:
(A)
As necessary to carry out the laws cited in subsection (a);
(B)
To employees of the department as necessary to investigate the report;
(C)
To the abuse registry established and maintained under title 68, chapter 11, part 10;
(D)
To the appropriate district attorney general;
(E)
By order of a court with jurisdiction over abuse, exploitation, fraud, neglect, misappropriation, or mistreatment; or
(F)
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.
(2)
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 person supported who is the subject of the report, but the fact that the person made the report must not be disclosed.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-109 - Release of information to family members; authorization

(a)
A person supported must be given an opportunity to approve and sign an information release that authorizes the facility, service, or program to release specified information concerning the person supported to certain family members and other designated persons.
(b)
The person supported 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 person supported or:
(1)
The conservator of the person supported;
(2)
The attorney in fact under a power of attorney who has the right to make disclosures under the power;
(3)
The parent, legal guardian, or legal custodian of a person supported who is a child;
(4)
The person supported's guardian ad litem for the purposes of the litigation in which the guardian ad litem serves;
(5)
The executor or administrator of the estate of a deceased person supported; or
(6)
The caregiver under title 34, chapter 6, part 3.
(c)
The information release must provide the person supported options for authorized disclosures to:
(1)
Specified family members that discloses only location;
(2)
Specified family members who are to be involved with discharge instructions and linking to other services; and
(3)
Specified family members who are to be involved in and supportive in the treatment process.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-110 - Acts of bodily harm and sexual offenses; disclosure to a law enforcement agency

(a)
Section 52-3-103 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 § 52-3-103.
(b)
If the felonious act involves a sexual offense governed by title 37, chapter 1, part 6, or title 71, chapter 6, part 1, in a locality having a sex abuse crime unit, disclosure for law enforcement investigative purposes must 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, or title 71, chapter 6, part 1, for investigations by the department of children's services or the department of human services.
(c)
Permissible disclosure of a felonious act for the purpose of conducting a necessary investigation includes:
(1)
The name of, and providing access to, witnesses or potential witnesses of the offense;
(2)
The name of, and providing access to, suspects or potential suspects of the offense; and
(3)
The scene of, and providing access to, where the offense occurred.
(d)
Section 52-3-103 does not prohibit disclosures to law enforcement when the disclosure is made in compliance with the requirements in
45 CFR 164.512(f)
.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 3 - GENERAL RULES APPLICABLE TO PERSONS SUPPORTED (§§ 52-3-101 — 52-3-604) › Part 1 - GENERAL RIGHTS OF ALL PERSONS SUPPORTED (§§ 52-3-101 — 52-3-119) › Section 52-3-111 - Records for child receiving services; availability to person accused of abusing child

(a)
In any case where a person is known to have been accused of physically or sexually abusing or neglecting a person supported who is a child, the person supported's record must not be accessible to the person accused of the abuse or neglect, except if:
(1)
A court orders access under § 52-3-105(4); or
(2)
(A)
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
(B)
The accused person is the parent, legal guardian, or legal custodian of the child.
(b)
If the court permits access to the child's record under subsection (a), then the court has 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.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.