reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 9 - DRUG-FREE WORKPLACE PROGRAMS (§§ 50-9-101 — 50-9-116) › Section 50-9-114 - Information to be included within bid or procurement specifications for construction services - Contesting a contract

(a)
The state or any local government, including departments, divisions, or agencies thereof, shall include within any bid or procurement specifications for construction services the following information:
(1)
A statement as to whether the governmental entity issuing a construction service bid or other procurement specification operates a drug-free workplace program as certified under this chapter or operates any other programs that provide for testing of employees for workplace use of drugs or alcohol;
(2)
If operating such a program, a statement that describes the government entity's drug-free workplace or alcohol and drug testing program; and
(3)
A statement that all bidders or proposals for construction services are required to submit an affidavit as part of their bid, that attests that the bidder operates a drug-free workplace program or other drug or alcohol testing program with requirements at least as stringent as that of the program operated by the governmental entity.
(b)
Unless suit is filed in chancery court, employers shall have seven (7) calendar days to contest a contract entered into by employers subject to this section with a local government or state government. Employers that do not contest the contracts within seven (7) calendar days by filing suit in chancery court shall waive their rights to challenge the contracts for violating this section. The contracts shall be contested in chancery court in the county where the contract was entered. The trial of the alleged violation of this section shall be expedited by giving it priority over all cases on the trial docket, except workers' compensation cases.
Acts 2002, ch. 693, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 9 - DRUG-FREE WORKPLACE PROGRAMS (§§ 50-9-101 — 50-9-116) › Section 50-9-115 - Report of healthcare practitioner who tests positive for any drug or refuses to submit to drug test

Notwithstanding this chapter, a covered employer who has employees who are healthcare practitioners for the purposes of §
63-1-126
shall report a healthcare practitioner who tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test, or who refuses to submit to a drug test, to the department of health and the practitioner's licensing or certifying board as required by §
63-1-126
.
Added by 2017 Tenn. Acts, ch. 481,s 4, eff. 7/1/2017.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 9 - DRUG-FREE WORKPLACE PROGRAMS (§§ 50-9-101 — 50-9-116) › Section 50-9-116 - Consideration of prescriptions issued within six months prior to positive confirmed drug result

(a)
As used in this section:
(1)
"Issued" means the date that the licensed physician physically wrote or electronically transmitted the prescription to the pharmacy; and
(2)
"Valid prescription" means a prescription that is written or electronically sent by a licensed practitioner for the individual subject to a drug test pursuant to this chapter and filled in a licensed pharmacy.
(b)
Notwithstanding this chapter to the contrary, the medical review officer shall only consider prescriptions issued within six (6) months prior to a positive confirmed drug result for purposes of determining a valid prescription and immunity from actions authorized by this chapter following a positive confirmed drug result.
Added by 2019 Tenn. Acts, ch. 373,s 1, eff. 5/10/2019.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 10 - TENNESSEE PREGNANT WORKERS FAIRNESS ACT (§§ 50-10-101 — 50-10-104) › Section 50-10-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Pregnant Workers Fairness Act."
Added by 2020 Tenn. Acts, ch. 745, s 1, eff. 10/1/2020.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 10 - TENNESSEE PREGNANT WORKERS FAIRNESS ACT (§§ 50-10-101 — 50-10-104) › Section 50-10-102 - Chapter definitions

As used in this chapter:
(1)
"Commissioner" means the commissioner of labor and workforce development;
(2)
"Employer" means a person employing fifteen (15) or more employees;
(3)
"Reasonable accommodation" may include:
(A)
Making existing facilities used by employees readily accessible and usable;
(B)
Providing more frequent, longer, or flexible breaks;
(C)
Providing a private place, other than a bathroom stall, for the purpose of expressing milk;
(D)
Modifying food or drink policy;
(E)
Providing modified seating or allowing the employee to sit more frequently if the job requires standing;
(F)
Providing assistance with manual labor and limits on lifting;
(G)
Authorizing a temporary transfer to a vacant position;
(H)
Providing job restructuring or light duty, if available;
(I)
Acquiring or modifying of equipment, devices, or an employee's work station;
(J)
Modifying work schedules; and
(K)
Allowing flexible scheduling for prenatal visits; and
(4)
"Undue hardship" means an action requiring significant difficulty or expense.
Added by 2020 Tenn. Acts, ch. 745, s 1, eff. 10/1/2020.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 10 - TENNESSEE PREGNANT WORKERS FAIRNESS ACT (§§ 50-10-101 — 50-10-104) › Section 50-10-103 - Reasonable accommodations for pregnant workers - Medical certification

(a)
An employer is not required to do the following unless the employer does or would do so for another employee or a class of employees that need a reasonable accommodation:
(1)
Hire new employees that the employer would not have otherwise hired;
(2)
Discharge an employee, transfer another employee with more seniority, or promote another employee who is not qualified to perform the new job;
(3)
Create a new position, including a light duty position for the employee,
unless a light duty position would be provided for another equivalent employee;
(4)
Compensate an employee for more frequent or longer break periods, unless the employee uses a break period that would otherwise be compensated; or
(5)
Construct a permanent, dedicated space for expressing milk.
(b)
It is an unlawful employment practice for an employer to:
(1)
Fail or refuse to make reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical conditions of an applicant for employment or an employee, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the business of the employer;
(2)
Require an employee to take leave under a leave law or policy adopted by the employer if another reasonable accommodation can be provided to the known limitations for medical needs arising from the employee's pregnancy, childbirth, or related medical conditions; or
(3)
Take adverse action against an employee in the terms, conditions, or privileges of employment for requesting or using a reasonable accommodation to the known limitations for medical needs arising from the employee's pregnancy, childbirth, or related medical conditions, including, but not limited to, counting an absence related to pregnancy under no fault attendance policies.
(c)
An employer may, if required of other employees with medical conditions, request that an employee with a medical need relating to pregnancy, childbirth, or related medical conditions provide medical certification from a healthcare professional if the employee is requesting a reasonable accommodation related to temporary transfer to a vacant position, job restructuring, or light duty, or an accommodation that requires time away from work. During the time period in which an employee is making good faith efforts to obtain medical certification, an employer must begin engaging in a good faith interactive process with the employee to determine if a reasonable accommodation can be provided absent undue hardship. An employer shall not take adverse action against an employee related to the employee's need for accommodation while the employee is engaging in good faith efforts to obtain medical certification.
Added by 2020 Tenn. Acts, ch. 745, s 1, eff. 10/1/2020.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 10 - TENNESSEE PREGNANT WORKERS FAIRNESS ACT (§§ 50-10-101 — 50-10-104) › Section 50-10-104 - Enforcement - Rules - Civil action

(a)
The commissioner shall enforce this chapter and may promulgate rules necessary to effectuate this chapter in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
Any person adversely affected by an act in violation of this chapter may bring a civil action in the chancery court or circuit court in the jurisdiction where the alleged violation occurred. In the action, a court may issue back pay, compensatory damages, prejudgment interest, reasonable attorney's fees, and any legal or equitable relief that will effectuate the purpose of this chapter.
(c)
A civil action under this chapter must be commenced no later than one (1) year from the date of termination of employment or the date of the adverse employment action. An employee is not required to pursue an action in chancery or circuit court, and may bring an action in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2020 Tenn. Acts, ch. 745, s 1, eff. 10/1/2020.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 11 - TENNESSEE REGISTERED APPRENTICESHIP PROGRAM ACT (§§ 50-11-101 — 50-11-106) › Section 50-11-101 - Short title

This chapter is known and may be cited as the "Tennessee Registered Apprenticeship Program Act."
Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 11 - TENNESSEE REGISTERED APPRENTICESHIP PROGRAM ACT (§§ 50-11-101 — 50-11-106) › Section 50-11-103 - Creation of the office of apprenticeship

(a)
There is established the Tennessee office of apprenticeship within the department of labor and workforce development, which is Tennessee's state apprenticeship agency in accordance with
29 U.S.C. § 50
, and 29 CFR Parts 29 and 30. The office of apprenticeship is established for the following purposes:
(1)
To serve as the state registration agency;
(2)
To establish labor standards necessary to safeguard the welfare of apprentices;
(3)
To establish rules regarding the registration of pre-apprenticeships, apprenticeships, and apprentices; and
(4)
To resolve disputes between parties to an apprenticeship agreement.
(b)
The office of apprenticeship is operated by the commissioner or the commissioner's designee. The commissioner or the commissioner's designee may appoint a director for the office of apprenticeship. The director shall serve at the pleasure of the commissioner, manage the office of apprenticeship, and perform duties as are necessary to effectuate the intent of this chapter.
(c)
No later than December 31, 2021, the commissioner or the commissioner's designee shall submit to the United States secretary of labor and the administrator of the national office of apprenticeship, an application to recognize the Tennessee office of apprenticeship as a state apprenticeship agency pursuant to
29 CFR 29.13(a)-(c)
.
Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 11 - TENNESSEE REGISTERED APPRENTICESHIP PROGRAM ACT (§§ 50-11-101 — 50-11-106) › Section 50-11-104 - Duties

(a)
The office of apprenticeship shall develop a nationally recognized state apprenticeship completion credential, as described in
29 CFR 29.5
, for completing a registered apprenticeship program.
(b)
The office of apprenticeship shall establish competency-based apprenticeship frameworks based on the regional and statewide compendia of valuable credentials.
(c)
The office of apprenticeship may approve apprenticeship programs that are mandated by state or federal law as a result of the sponsor receiving funds or resources from the state, or funds or resources from the federal government, that require the creation of an apprenticeship program in accordance with a federal grant administered by this state.
(d)
The commissioner may promulgate rules on behalf of the office of apprenticeship as necessary to effectuate the intent of this chapter pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A rule promulgated pursuant to this chapter must conform to the published apprenticeship guidelines in 29 CFR Parts 29 and 30.
(e)
The office of apprenticeship shall consider advice provided by the apprenticeship council when completing the office's duties as set forth in this section.
(f)
A sponsor may apply to register a pre-apprenticeship or apprenticeship with the office of apprenticeship. A registered apprenticeship must include, at a minimum:
(1)
On-the-job training from an employer;
(2)
Related technical instruction from an apprenticeship intermediary; and
(3)
The opportunity for an apprentice to earn a portable, nationally recognized industry credential.
(g)
A sponsor of a registered pre-apprenticeship or registered apprenticeship is responsible for the administration and supervision of on-the-job training and related technical instruction for each apprentice in the registered pre-apprenticeship or registered apprenticeship.
Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 11 - TENNESSEE REGISTERED APPRENTICESHIP PROGRAM ACT (§§ 50-11-101 — 50-11-106) › Section 50-11-105 - Tennessee apprenticeship council

(a)
There is established the Tennessee apprenticeship council, which is an advisory council composed of individuals representing employer and employee organizations that are familiar with apprenticeable occupations.
(b)
The apprenticeship council consists of eleven (11) members, as follows:
(1)
The commissioner of labor and workforce development, or the commissioner's designee;
(2)
The commissioner of education, or the commissioner's designee;
(3)
The chancellor of the Tennessee board of regents, or the chancellor's designee;
(4)
The executive director of the Tennessee higher education commission, or the executive director's designee;
(5)
Three (3) members representing employer organizations, appointed by the governor, at least one (1) of whom represents a private sector employer organization and one (1) of whom represents a public sector employer organization;
(6)
Three (3) members representing employee organizations, appointed by the governor, at least one (1) of whom represents a private sector employee organization and one (1) of whom represents a public sector employee organization; and
(7)
One (1) member who is a public representative knowledgeable about apprenticeships and apprenticeable occupations, appointed by the governor.
(c)
The terms for initial members begin on July 1, 2021. The terms of the initial eleven (11) appointments are three (3) years for three (3) members, four (4) years for four (4) members, and five (5) years for four (4) members, as designated by the governor in the governor's initial appointments. As the terms for the initial members expire, successors are appointed for five-year terms.
(d)
Whenever a vacancy on the apprenticeship council exists, the governor shall appoint a member for the remainder of the unexpired term.
(e)
The apprenticeship council shall:
(1)
Advise the office of apprenticeship regarding the duties set forth in §
50-11-104
; and
(2)
Provide community outreach and education regarding the benefits of apprenticeship.
Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 11 - TENNESSEE REGISTERED APPRENTICESHIP PROGRAM ACT (§§ 50-11-101 — 50-11-106) › Section 50-11-106 - Activities not prohibited

(a)
This chapter does not:
(1)
Require a sponsor of a pre-apprenticeship or apprenticeship to register with the office of apprenticeship;
(2)
Affect funds duly distributed to a state agency, college or university, or other entity receiving state or federal funds in support of apprenticeship activities; or
(3)
Affect the department of education's status as the eligible agency to receive and administer career and technical education funding under the federal Carl D. Perkins Career and Technical Education Act of 2006 (
20 U.S.C. § 2301
et seq.).
(b)
The office of apprenticeship, with the consent of the sponsor, shall permit the apprenticeship intermediary to provide the required technical instruction and technical assistance, including the implementation of the competency frameworks established in §
50-11-104(b)
that are aligned to the on-the-job training for apprenticeship programs registered or certified by the office of apprenticeship.
Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 1 (§§ 52-1-101 — 52-1-107) › Part 1 - GENERAL PROVISIONS (§§ 52-1-101 — 52-1-107) › Section 52-1-102 - Policy; values; service principles

(a)
It is the policy of the state to plan on the basis of and to promote the use of private and public service providers, without regard for funding source, to achieve outcomes and accomplishments that create opportunities for persons supported and potential persons supported to have the greatest possible control of their lives in the least restrictive environment that is appropriate for each person. The department shall plan for and promote the availability of a comprehensive array of high-quality prevention, early intervention, treatment, and habilitation services and supports based on the needs and choices of persons supported and families served. The department shall include persons supported and, where appropriate, family members of persons supported in planning, developing, and monitoring the service systems.
(b)
Values upon which the law. is predicated include, but are not limited to, individual rights, promotion of self-determination, respect, optimal health and safety, person supported inclusion in the community, and person supported life and service in typical community settings.
(c)
The following service principles are fundamental to carrying out the department's responsibilities:
(1)
Stable service systems that provide flexibility, advocacy, effective communication, targeted outcomes, continuous evaluation, and improvement based on best practices and research;
(2)
Early identification of needs and the inclusion of both prevention and early intervention services and supports;
(3)
Timely response to the needs, rights, and desires of those served;
(4)
Treating persons supported and their families with dignity and respect;
(5)
Protection of persons supported from abuse, neglect, and exploitation;
(6)
Accurate and responsible accountability for the use of public resources;
(7)
Ongoing education and skills development of the workforce; and
(8)
Cultural competence of persons providing service.
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 1 (§§ 52-1-101 — 52-1-107) › Part 1 - GENERAL PROVISIONS (§§ 52-1-101 — 52-1-107) › Section 52-1-103 - Entitlement to services; funding

(a)
This title does not create entitlement to services and supports from the state, except to the extent that services and supports are necessarily attached to deprivation of liberty by placement in facilities operated by the department. Implementation of any service or support at state expense under this title is subject to the availability of funds appropriated for that purpose in the general appropriations act.
(b)
While the department is charged with the planning and development of services for persons supported, such services are subject to the availability of funding and approval of any waiver amendments that are required to effectuate such new programs at such time that they are developed. The assignment of responsibility for services to the department does not create an entitlement to services for persons with a disability or who are older persons. Nor does it expand or affect in any way the population of persons who are currently eligible for programs and services currently available to persons with a disability or who are older persons.
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 1 (§§ 52-1-101 — 52-1-107) › Part 1 - GENERAL PROVISIONS (§§ 52-1-101 — 52-1-107) › Section 52-1-106 - lnteragency agreements

(a)
The commissioner may develop and enter into interagency agreements on services and supports for individuals with a disability or for older persons to:
(1)
Assure accountability for services and supports across all agencies providing services and supports for a person or family whose service is covered by this title;
(2)
Clarify responsibilities for the department's service system;
(3)
Promote problem resolution at the local levels;
(4)
Promote interagency service needs assessment and planning;
(5)
Provide a vehicle for interagency policy development without interfering with agency independence;
(6)
Promote creation and maintenance of coordinated service systems for persons supported and their families;
(7)
Provide for interrelated service planning across agency lines;
(8)
Promote inclusion of disability and aging issues in crisis and disaster planning; and
(9)
Enhance the efficiency and effectiveness of expenditure of public funds.
(b)
All state agencies shall cooperate with the department in the development of agreements under this section.
(c)
An agreement entered into under this section must include the intersection of services and supports among all state agencies that have any responsibility for mental health, developmental disabilities, alcohol dependence, drug dependence, education, health, social services, housing, transportation, employment, justice, habilitation, rehabilitation, correction, or public funding of services and supports; transition between services to different age groups; information sharing, including records, data, and service; and interagency training.
(d)
An agreement entered into under this section must include the goals and expected outcomes against which progress will be measured; eligible populations; role responsibilities; covered services and supports; procedures for coordination, including local level implementation procedures; joint monitoring; data sharing; and how conflict resolution is achieved.
(e)
The commissioner may develop and enter into similar interagency agreements with local government agencies.
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 1 (§§ 52-1-101 — 52-1-107) › Part 1 - GENERAL PROVISIONS (§§ 52-1-101 — 52-1-107) › Section 52-1-107 - Adoption of rules

(a)
In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate, amend, revise, and rescind rules as are necessary and appropriate to carry out this title.
(b)
Notwithstanding § 71-5-1419(c), the commissioner shall promulgate rules to equitably allocate resources between urban and rural areas to program components that provide services to adults with disabilities and older persons in need of assistance who do not qualify for long-term care services under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1.
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 1 - COMMUNITY SERVICE SYSTEM (§§ 52-2-101 — 52-2-106) › Section 52-2-101 - Community-based system; services and supports

The department shall plan, coordinate, administer, monitor, and evaluate state and federally funded services and supports as a community-based system within the total system of services and supports for persons with an intellectual or developmental disability, or at risk for those conditions, and for their families. All functions must be carried out in consultation and collaboration with current or former persons supported, and, as appropriate, their families, guardians or conservators, person supported advocates, service providers, agencies, and other affected persons and organizations.
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 1 - COMMUNITY SERVICE SYSTEM (§§ 52-2-101 — 52-2-106) › Section 52-2-102 - Goals, purposes, and findings

(a)
Within the limits of available resources, it is the goal of the state to develop and maintain a system of care that provides a comprehensive array of quality prevention, early intervention, treatment, habilitation, and rehabilitation services and supports that are geographically available, and equitably and efficiently allocated statewide, allowing people to be in their own communities in settings based on the needs and choices of individuals and families served.
(b)
The state's purposes are to:
(1)
Establish and sustain a broad range and scope of flexible services and supports across the domains of residential living, working, learning, community participation, and family support, including crisis, respite, and other emergency services that help persons supported maintain respected and active positions in the community; and
(2)
Promote the early identification of children with an intellectual disability, developmental disability, or developmental delay to assure that they receive services and supports appropriate to their developmental level and changing needs.
(c)
The general assembly finds as facts that the needs of persons with an intellectual or developmental disability cannot be met by the department in isolation and that those persons need to receive services and supports that are integrated, have linkages between and among other human service agencies and programs, and have mechanisms for planning, developing, coordinating, and monitoring services and supports to meet their needs:
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 1 - COMMUNITY SERVICE SYSTEM (§§ 52-2-101 — 52-2-106) › Section 52-2-103 - System requirements

The state shall accomplish its purposes through community-based systems that provide:
(1)
Access to services and supports that are individualized to the capacities, needs, and values of each person;
(2)
Accountability of services and supports through statewide standards for monitoring, reporting, and evaluating information;
(3)
At least basic quality standards for service delivery;
(4)
Priorities for the use of available resources;
(5)
Coordination of services and supports within the department, among other state agencies, and other public and private service providers aimed at reducing duplication in service delivery and promoting complementary services and supports among all relevant entities;
(6)
Conflict resolution procedures; and
(7)
Involvement of persons supported, and, where appropriate, their conservator, families, and advocates.
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 1 - COMMUNITY SERVICE SYSTEM (§§ 52-2-101 — 52-2-106) › Section 52-2-104 - Service system; core values

The core values of the service system are:
(1)
The system of care is person-centered and family-focused, with the needs and choices of the individual and family, as appropriate, determining the types and mix of services and supports provided, because, to make good decisions, persons supported and their families need complete information about the availability, alternatives, and costs of services and supports, how the decision-making process works, and how to participate in that process;
(2)
The system of care provides individualized services and supports based on an individualized service plan that is comprehensive, coordinated, and developmentally appropriate; provides smooth transition through life stages; involves families and advocates, as appropriate; and is developed by qualified professionals in consultation with persons supported, family members, and advocates, as appropriate;
(3)
The system of care is community-based and provides for service in the least restrictive, most appropriate setting;
(4)
The system of care is culturally competent with agencies, programs, services, and supports that are responsive to the cultural, racial, and ethnic differences of the populations they serve;
(5)
The system of care gives consideration to the safety and health of persons supported, while respecting their choices and protecting their rights, including their right to be free from abuse, neglect, and exploitation; and
(6)
The system of care is continuously improved based on research and best practices.
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 1 - COMMUNITY SERVICE SYSTEM (§§ 52-2-101 — 52-2-106) › Section 52-2-105 - Planning and resource allocation areas; information and referrals

The department shall establish areas for planning and resource allocation. The department shall define geographically dispersed and accessible points of access to service systems and designate providers or mechanisms to provide information and referral for services and supports and for eligibility decisions.
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 1 - COMMUNITY SERVICE SYSTEM (§§ 52-2-101 — 52-2-106) › Section 52-2-106 - Services and support requirements; geographic availability; reports

(a)
It is the intent of the general assembly that the system of care developed pursuant to this part provides a comprehensive array of services and supports that are geographically available, are equitably and efficiently allocated statewide and in each grand division of the state, and allow people to be in their own community settings, based on the needs and choices of individuals and families served. Services and supports provided to persons generally and as part of the medical assistance program, pursuant to title 71, chapter 5, shall seek to alleviate geographic service and support disparities across this state and its grand divisions. In striving to alleviate the geographic disparities, the state should seek to allocate budget improvements and other new resources in a manner that promotes equitable distribution of services and supports among the grand divisions of this state.
(b)
In order to implement subsection (a), the state shall strive to avoid gaps in services and endeavor to achieve a delivery system that ensures that services are available to persons supported on a substantially equitable basis, regardless of place of residence within this state. To that end, the commissioner of finance and administration shall report to the health and welfare committee of the senate and the health committee of the house of representatives, no later than January 15, 2008, and annually by each January 15 thereafter, on the following indicators of equity in the service delivery system:
(1)
The extent to which special services and programs are available on a substantially equitable basis throughout this state;
(2)
The extent to which services of the same level, intensity, and duration are available on a substantially equitable basis throughout this state; and
(3)
The extent to which rates of service utilization by persons supported are substantially equitable throughout this state.
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 2 - SERVICE SYSTEM ASSESSMENT AND PLANNING (§§ 52-2-201 — 52-2-202) › Section 52-2-201 - Developmental disabilities planning and policy council and regional citizen-based planning and policy councils; establishment; duties

(a)
The department shall establish a state developmental disabilities planning and policy council and a regional citizen-based planning and policy council, each composed of persons, supported, family members of persons supported, advocates for persons supported, and other affected persons and organizations for each of the three (3) grand divisions of the state, as defined in title 4, chapter 1, part 2. For purposes of the state developmental disabilities planning and policy council, "persons supported" means an individual with a developmental disability. For purposes of the regional citizen-based planning and policy councils, "persons supported" means an individual with an intellectual or developmental disability.
(b)
The councils described in subsection (a) shall:
(1)
Advise the statewide planning and policy council on the desirable array of prevention, early intervention, treatment, and habilitation services and supports for persons supported and their families, and such other matters as the commissioner or the statewide planning and policy council may request; and
(2)
Provide information and advice to the department on policy, formulation of budget requests, and development and evaluation of 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 2 - SERVICE SYSTEM ASSESSMENT AND PLANNING (§§ 52-2-201 — 52-2-202) › Section 52-2-202 - Councils; membership

The councils are to provide citizen participation in policy planning and shall be representative of persons supported and their families; advocates for supported children, adults, and the elderly; service providers; agencies; and other affected persons and organizations. At least' a majority of each council's membership shall consist of current or former persons supported and members of their families.
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 3 - SETTING SERVICE STANDARDS (§§ 52-2-301 — 52-2-303) › Section 52-2-301 - Basic quality standards

(a)
The department shall set basic quality standards for services and supports to all persons served on the basis of an intellectual or developmental disability, regardless of whether they are served by the department, the department's contractors, private service providers, other state or local public agencies, agencies licensed by the department, or private service providers that are not licensed under this title and regardless of whether the persons supported are in the custody of state or local government.
(b)
Basic quality standards must be the same for all persons supported regardless of where they are served and by whom they are served. Basic quality standards may vary according to the ages of the persons supported to assure appropriate service for children, adults, and the elderly.
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 3 - SETTING SERVICE STANDARDS (§§ 52-2-301 — 52-2-303) › Section 52-2-302 - Standards compliance regulation

The department shall regulate compliance with basic quality standards to the extent otherwise authorized by this title. The department may monitor compliance with basic quality standards in all settings, including those over which it does not have regulatory authority. The department may accomplish monitoring by inspections conducted by other state agencies as part of their regular duties.
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 3 - SETTING SERVICE STANDARDS (§§ 52-2-301 — 52-2-303) › Section 52-2-303 - Contracts for higher performance

The department may contract for higher performance standards than the basic quality standards or licensure standards.
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 52-2-401 - Short title

This part is known and may be cited as the "Disability Services and Personal Support Services Licensure Law.
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 52-2-402 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Abuse" means the knowing infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;
(2)
"Consumer direction" means a model of service delivery for certain medicaid home and community-based services in which the person receiving the services, family member, or other representative employs and supervises the individual who provides the services;
(3)
"Facility" means a treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, community mental health center, counseling center, clinic, group home, halfway house, or any other entity that provides an intellectual or developmental disability service;
(4)
"Licensee" means a person, proprietorship, partnership, association, governmental agency, or corporation, which operates a facility or a service and has obtained a license under this part;
(5)
"Misappropriation of property" means the deliberate misplacement; exploitation; or wrongful, temporary, or permanent use of belongings or money of another person without consent;
(6)
"Neglect" means failure to provide goods of services necessary to avoid physical harm, mental anguish, or mental illness, which results in injury or probable risk of serious harm;
(7)
"Personal support services" means nursing consultation, education services, and other personal assistance services as defined by rule, which are provided to individuals with substantial limitation in two (2) or more major life activities in either their regular or temporary residences, but does not mean direct nursing services provided in connection with an acute episode of illness or injury;
(8)
"Reputable and responsible character" means that the applicant or licensee can be trusted with responsibility for persons who are particularly vulnerable to abuse, neglect, and financial or sexual exploitation; and
(9)
"Service" includes any activity to prevent, treat, or ameliorate an intellectual or developmental disability, which includes diagnosis, evaluation, residential assistance, training, habilitation, rehabilitation, prevention, treatment, counseling, case coordination, or supervision of persons with an intellectual or developmental disability.
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 52-2-404 - Licensure rules

(a)
The department shall adopt rules for licensure of services and facilities regarding adequacy of services, qualifications of professional staff, and facility conditions. The department shall require for licensure satisfaction of basic quality standards set under part 3 of this chapter, as applicable, and may require higher standards. The rules must include consideration of the adequacy of environment, life safety, treatment or habilitation services, education and training requirements of the staff, and other considerations that the department deems necessary to determine the adequacy of the provision of intellectual and developmental disability services. The department may adopt rules for the administration of the licensure program.
(b)
Notwithstanding any law to the contrary, the department has the authority to amend its rules for licensure as needed to be consistent with the federal home-based and community-based settings final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014), as amended or revised, including the authority to differentiate licensure requirements for any entity contracted to provide medicaid-reimbursed home- and community-based services in order to allow the facility or entity to comply with the federal rule and continue to receive medicaid reimbursement for home- and community-based services. Rules adopted by the department under this subsection (b) must be developed with input from stakeholders and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the department shall not promulgate emergency rules under this subsection (b) as defined in § 4-5-208. Licensure survey and enforcement must be conducted in a manner consistent with any rule issued under this subsection (b).
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 52-2-405 - Unlicensed facility operation; penalty

(a)
It is unlawful for a person, partnership, association, or corporation to own or operate a service or facility that provides intellectual or developmental disability services or personal support services within the meaning of this title without having obtained a license as required by this part.
(b)
A violation of this requirement is a Class B misdemeanor.
(c)
Each day of operation without a license constitutes a separate offense.
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 52-2-408 - Sanctions; proceedings

(a)
All proceedings by the department to impose sanctions against licensed entities under this title must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The proceedings must include notice and opportunity for a hearing before an administrative law judge who shall issue an initial order.
(b)
Sanctions shall include any action by the department, based upon alleged deficient practices of the licensed entity, to impose financial or contractual penalties, including the following:
(1)
Financial penalties shall include fines, liquidated damages, or denial, withholding, or delay of a payment;
(2)
Imposition of moratoria on admissions when the limitations are unrelated to state budget considerations; or
(3)
Actions against the entity based upon allegations that the entity is responsible for abuse, neglect, exploitation, misappropriation, or mistreatment of an individual for whom the entity is responsible.
(c)
Sanctions do not include any action to recoup moneys that are determined by the department to be unearned.
(d)
This section does not prevent termination of any contract with the licensed entity in accordance with the provisions of that contract. In those cases, the contractor has only the due process rights, if any, otherwise provided by law regarding termination of state contracts.
(e)
All sanctions, except for financial sanctions, may be imposed immediately by the department. This does not prevent the provider from appealing the decision using the process as provided in the Uniform Administrative Procedures Act.
(f)
These requirements do not prevent the department or the provider from pursuing alternative means of resolving issues related to sanctions while using the process as provided in the Uniform Administrative Procedures Act is pending.
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 52-2-409 - Civil penalties

(a)
A civil penalty of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) may be imposed on a licensee for a violation of this title or a rule promulgated pursuant to this title.
(b)
A civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) may be imposed on a licensee for a second or subsequent violation of the same kind committed within twelve (12) months of the first penalty being imposed.
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 52-2-410 - Person supported protection trust fund

(a)
The commissioner shall establish and maintain a person supported protection trust fund, created by the deposit of all civil penalty moneys collected under this part.
(b)
The trust fund must be maintained for the purpose of protecting the persons supported of a facility or service, whose noncompliance with the conditions of continued licensure, applicable state and federal statutes, rules, or contractual standards threatens the persons supported's care or property or the facility's or service's continued operation.
(c)
Notwithstanding any law to the contrary, trust funds remaining unspent at the end of the fiscal year must be carried over into the budget of the department for the subsequent fiscal year and must continue to be carried over from year to year until expended for the purposes prescribed in 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 4 - DISABILITY SERVICES AND PERSONAL SUPPORT SERVICES LICENSURE LAW (§§ 52-2-401 — 52-2-421) › Section 52-2-411 - Surveyor; notification of violation

If the department finds a violation of a statute or rule that may be a ground for a civil penalty, the department must advise the licensee of the finding orally before concluding the survey.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.