reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-806 - Notification of inspection or false statements - Civil monetary penalties - Assessment - Procedure

(a)
Any individual who notifies, or causes to be notified, a nursing home of the time or date of an inspection conducted pursuant to §
68-11-210
is subject to a civil monetary penalty of not more than two thousand dollars ($2,000).
(b)
Any individual who willfully and knowingly certifies a material and false statement in a resident assessment required by federal law and prepared in accordance with rules and regulations of the health facilities commission or board is subject to a civil monetary penalty of not more than one thousand dollars ($1,000) for each assessment.
(c)
Any individual who willfully and knowingly causes another individual to certify a material and false statement in a resident assessment required by federal law and prepared in accordance with rules and regulations of the health facilities commission or board is subject to a civil monetary penalty of not more than five thousand dollars ($5,000) for each assessment.
(d)
All civil monetary penalties pursuant to this section shall be assessed as follows:
(1)
The health facilities commission may initiate the proceeding by mailing to the individual a written statement citing the provisions of this section that the health facilities commission alleges to have been violated, stating the amount of the penalty being assessed and informing the individual of the individual's right to contest the penalty;
(2)
(A)
All penalties assessed pursuant to this section shall become final and not subject to review, unless the individual requests a hearing within thirty (30) days of receipt of the written statement of violation;
(B)
Should the individual fail to answer or to demand a hearing within thirty (30) days, the individual shall be deemed to have waived the individual's right to a hearing, to have admitted the allegations of the assessment, and the civil penalty shall become due and payable;
(3)
Should the individual pay the penalty assessed on or before the day on which the answer is due without contesting the assessment, the amount of the penalty shall be reduced by ten percent (10%); and
(4)
All provisions contained in §§
68-11-801
,
68-11-805
, and
68-11-826
shall apply to penalties provided in this section.
Amended by 2024 Tenn. Acts, ch. 932,s 4, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 76, eff. 7/1/2022.
Acts 1989, ch. 512, § 3; 2008 , ch. 824, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-811 - Minimum and maximum amounts of penalties - Second penalties

(a)
Type A civil penalties may be assessed in the amount of not less than one thousand five hundred dollars ($1,500) and not more than seven thousand five hundred dollars ($7,500).
(b)
Type B civil penalties may be assessed in the amount of not less than five hundred dollars ($500) and not more than one thousand five hundred dollars ($1,500).
(c)
Type C civil penalties shall be assessed in the amount of not less than two hundred fifty dollars ($250) and not more than four hundred dollars ($400).
(d)
Whenever a second civil penalty is imposed for the same violation within twelve (12) months of the first penalty, the amount of the second penalty shall be double the amount otherwise authorized by this section.
Acts 1987, ch. 312, § 2; 2003, ch. 169, § 5.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-812 - Notice that violation is or may constitute basis of suspension of admissions or civil monetary penalty

(a)
Upon finding a violation that is, or may be, the basis of a suspension of admissions, as provided in §
68-11-252
, or that is, or may be, the basis of a civil monetary penalty as set forth in §§
68-11-801
- 68-11-805, the health facilities commission inspector shall orally and in writing advise the nursing home of the findings before concluding the inspection or investigation. The written notification shall include an acknowledgement of both the findings and the state or federal penalties that could result from the findings.
(b)
As soon as practicable after the health facilities commission inspector advises the nursing home of finding a violation that is, or may be, the basis of a suspension of admissions, as provided in §
68-11-252
, or that is, or may be, the basis of a civil monetary penalty as set forth in §§
68-11-801
- 68-11-805, the executive director of the health facilities commission shall provide notice of the apparent violation to the members of the senate and house of representatives of the general assembly in whose district the nursing home is located.
Amended by 2022 Tenn. Acts, ch. 1119, s 77, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 655, s 6, eff. 7/1/2018.
Acts 1987, ch. 312, § 2; 2008 , ch. 886, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-813 - Initiation of type A penalty proceedings - Suspension of admissions - Contests - Hearings

(a)
Type A civil penalties shall be assessed by the executive director of the health facilities commission in the executive director's order suspending the admission of any new patients to the nursing home, as provided in §
68-11-252
.
(b)
(1)
Within five (5) working days after concluding the inspection or investigation, the executive director may initiate type A civil penalty proceedings by mailing a notice to the facility, stating the executive director's decision to suspend the admissions of new patients.
(2)
Within eight (8) working days after concluding the inspection or investigation, the health facilities commission shall mail to the nursing home the executive director's order, which shall detail the alleged facts and pertinent law with particularity, and shall also inform the nursing home of its right to contest the action.
(c)
If any nursing home exercises its right to a hearing in contest of both the assessment of a type A civil penalty and the suspension of admissions, then the matters must be consolidated for hearing before an administrative judge.
Amended by 2024 Tenn. Acts, ch. 932,s 11, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 932,s 10, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 79, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 78, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 655, s 7, eff. 7/1/2018.
Acts 1987, ch. 312, § 2; 1988, ch. 809, § 1; 2008 , ch. 824, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-814 - Initiation of type B or C penalty proceedings

(a)
Within five (5) working days after concluding an inspection or investigation, the health facilities commission may initiate type B or type C civil penalty proceedings by mailing to the nursing home a written statement citing the provisions of §§
68-11-801
- 68-11-805 that the health facilities commission alleges to have been violated, stating the amount of the penalty being assessed, and informing the facility of its right to contest the penalty.
(b)
Within ten (10) working days after concluding an inspection or investigation, the health facilities commission shall mail to the nursing home a more detailed statement describing the findings with particularity and citing the law with specificity.
Amended by 2023 Tenn. Acts, ch. 466, s 7, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1119, s 80, eff. 7/1/2022.
Acts 1987, ch. 312, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-815 - [Repealed Effective 7/1/2024] [Effective Until 7/1/2024] Filing of documents - Dismissal and reinstatement of proceedings

(a)
All documents assessing civil penalties shall be promptly filed with the administrative procedures division of the secretary of state.
(b)
(1)
Thereafter, should the health facilities commission elect not to proceed to prosecute the assessment, the commission shall file a notice of dismissal, detailing and explaining the reasons for its decision.
(2)
The notice of dismissal shall be maintained upon the public record and copies filed with the Tennessee commission on aging and disability and the Tennessee Health Care Association.
(c)
(1)
Within thirty (30) days of its entry, a third party may petition the administrative judge to reinstate the penalty proceeding.
(2)
The administrative judge may grant the petition if it demonstrates that the petitioner's legal rights, duties or legal interests were the subject of the original proceeding, if the administrative judge determines that the petitioner is properly prepared to prosecute the action, and if the administrative judge also determines that the interests of justice and the orderly and prompt conduct of the proceedings shall not be impaired by allowing the reinstatement.
(3)
Should the assessment of the penalty be reinstated, the administrative judge may, in the administrative judge's discretion, either excuse the health facilities commission or require the commission to participate in the proceeding.
Repealed by 2024 Tenn. Acts, ch. 932,s 3, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 82, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 81, eff. 7/1/2022.
Acts 1987, ch. 312, § 2.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-815 - Filing of documents - Dismissal and reinstatement of proceedings

(a)
All documents assessing civil penalties shall be promptly filed with the administrative procedures division of the secretary of state.
(b)
(1)
Thereafter, should the health facilities commission elect not to proceed to prosecute the assessment, the commission shall file a notice of dismissal, detailing and explaining the reasons for its decision.
(2)
The notice of dismissal shall be maintained upon the public record and copies filed with the Tennessee commission on aging and disability and the commissioner of disability and aging.
(c)
(1)
Within thirty (30) days of its entry, a third party may petition the administrative judge to reinstate the penalty proceeding.
(2)
The administrative judge may grant the petition if it demonstrates that the petitioner's legal rights, duties or legal interests were the subject of the original proceeding, if the administrative judge determines that the petitioner is properly prepared to prosecute the action, and if the administrative judge also determines that the interests of justice and the orderly and prompt conduct of the proceedings shall not be impaired by allowing the reinstatement.
(3)
Should the assessment of the penalty be reinstated, the administrative judge may, in the administrative judge's discretion, either excuse the health facilities commission or require the commission to participate in the proceeding.
Amended by 2024 Tenn. Acts, ch. 688,s 166, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 82, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 81, eff. 7/1/2022.
Acts 1987, ch. 312, § 2.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-816 - Time for paying or contesting penalty - Waiver

(a)
Ten (10) working days after the nursing home's actual receipt of either the health facilities commission's detailed statement of the type B or type C penalty required by §
68-11-814
, or the health facilities commission executive director's order suspending admissions to the nursing home and assessing a type A penalty, the nursing home shall either pay the penalty assessed or file with the health facilities commission an answer, demanding a contested case hearing.
(b)
Should the nursing home fail to answer or to demand a hearing within five (5) working days of its actual receipt of the health facilities commission's notice, it shall be deemed to have waived its right to a hearing, and the civil penalty assessed shall then be due and payable.
(c)
(1)
Should the nursing home pay the penalty assessed on or before the day upon which its answer is due, the amount of the penalty shall be reduced by ten percent (10%).
(2)
Such payment may be made under protest while contesting the assessment; and, if the case is dismissed and the penalty abated, the payment under protest shall be returned to the nursing home.
(d)
(1)
If a contested case is demanded after a nursing home is assessed a civil penalty, the health facilities commission shall file a notice of hearing under§ 4-5-307 with the administrative procedures division of the office of the secretary of state within seven (7) working days of the nursing home's demand. All documents assessing civil penalties that have been appealed by the facility as a part of the contested case must be filed with the notice of hearing.
(2)
The hearing must be conducted within thirty (30) calendar days of the health facilities commission's filing of a notice of hearing, unless otherwise agreed to by both parties.
Amended by 2024 Tenn. Acts, ch. 932,s 7, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 932,s 6, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 932,s 5, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 84, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 83, eff. 7/1/2022.
Acts 1987, ch. 312, § 2; 1988, ch. 914, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-817 - Administrative procedures - Time deadlines for holding hearings and issuing orders

(a)
All contested cases shall be conducted according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(b)
The hearing must be conducted within thirty (30) calendar days of the health facilities commission's filing of a notice of hearing, unless otherwise agreed to by both parties. If an initial order is to be drafted by an administrative law judge sitting alone, the initial order must be issued within twenty (20) working days after the receipt of the trial transcript and proposed findings of fact and conclusions of law.
(c)
Upon agreement of the nursing home and the commission, the challenge to a suspension of admission or civil penalty imposed by the commission may be submitted to a screening panel pursuant to § 68-11-208. The decision to participate in a screening panel does not affect another challenge filed by the nursing home under this part, or preclude the nursing home from filing such appeal if done timely under the relevant law.
Amended by 2024 Tenn. Acts, ch. 932,s 9, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 932,s 8, eff. 7/1/2024.
Acts 1987, ch. 312, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-818 - Authority of panel or administrative judge - Increasing, upholding or reducing amounts of penalties - Consultation to determine medical necessity

(a)
Upon hearing a case or reviewing an initial order, the administrative judge, if sitting alone during a hearing, shall have the power to determine whether the imposition of any civil monetary penalty was proper and lawful, and, if so, whether the amount of the penalty was authorized by law and justified by the facts of the matter.
(b)
The administrative judge, when sitting alone, may find that no penalty should have been assessed; and, if so, the case shall be dismissed and the penalty abated.
(c)
When it finds that a civil penalty was properly assessed for a violation specified in §§
68-11-801
- 68-11-805, the administrative judge, when sitting alone, may uphold the amount originally imposed, correct the amount of the assessment to conform with the law, or reduce the amount of the penalty, but the amount may be reduced only after considering the following factors:
(1)
Those set forth in §
68-11-207(b)
;
(2)
Whether the nursing home had recognized the violation, had voluntarily notified the health facilities commission prior to any inspection, and had documented the correction of the violation within five (5) working days after the inspection;
(3)
Whether the violation was an unintended and temporary consequence typical of the on-going operation of a health care facility, which had minimal impact upon the care of the patients; and
(4)
Whether the nursing home has a dispute, made in good faith and not solely for the purposes of delay, regarding the health facilities commission executive director's legal authority to impose an assessment.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-819 - Annual report on nursing home inspections and enforcement activities

The executive director of the health facilities commission shall submit a report no later than February 1 of each year to the governor, the chief clerk of the house of representatives, and the chief clerk of the senate, regarding the commission's nursing home inspection and enforcement activities during the previous year. The report must analyze trends in compliance with nursing home standards and residents' rights by nursing homes in this state, and must be limited to identifying those trends through aggregate and quantitative data only. In preparing the report, the executive director may utilize quantitative data compiled by nursing homes pursuant to federal or state regulations. The executive director shall ensure that the report is promptly made available to the public by dissemination via the internet and that the report is available for members of the public to copy.
Added by 2023 Tenn. Acts, ch. 466, s 10, eff. 7/1/2023.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-826 - Recovery or collection of civil monetary penalties

(a)
Any civil monetary penalties for which a nursing home or individual is liable under §§
68-11-213
, and
68-11-801
- 68-11-805 shall be recovered, collected, deposited and expended under this section and §§
68-11-827
and
68-11-829
.
(b)
No action to recover or collect such amounts shall be taken until:
(1)
The nursing home has waived its rights to a contested case hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3;
(2)
The time allowed the nursing home to demand a contested case hearing, pursuant to §
68-11-816
, has expired without a demand being made or a denial filed; or
(3)
A final administrative order has been entered pursuant to §
4-5-314
.
(c)
If the amount due has not been received in full within sixty (60) days from the occurrence of any one (1) of the events specified in subsection (b), the executive director of the health facilities commission shall immediately proceed to recover such amount, plus interest computed at the applicable formula rate defined by §
47-14-102
retroactive to the earliest date of occurrence of any event specified in subsection (b), by one (1) or more of the following means:
(1)
Directing the reduction of the amount owed from any balance otherwise due from the state to the facility and directing a remittance of the amount to the health facilities commission;
(2)
Adding such amounts to the facility's licensing fee, the renewal of the facility's license pursuant to §§
68-11-206(a)(8)
and
68-11-216
to be contingent upon the prior payment of such costs; or
(3)
Bringing an action in the circuit or chancery court to recover such amounts.
Amended by 2022 Tenn. Acts, ch. 1119, s 86, eff. 7/1/2022.
Acts 1987, ch. 312, § 3; 1989, ch. 512, § 4; 1999, ch. 512, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-827 - Nursing home resident protection trust fund - Deposit of penalties - Unspent funds

(a)
(1)
The executive director of the health facilities commission shall establish and maintain a nursing home resident protection trust fund, created by the deposit of all penalty moneys collected from nursing homes and individuals under this part.
(2)
The fund created by this subsection (a) shall be maintained for the purpose of protecting the residents of a nursing home, whose noncompliance with the conditions of continued licensure, applicable state and federal statutes, rules, regulations and contractual standards threatens the residents' continuous care, the residents' property, the nursing home's continued operation, or the nursing home's continued participation in the medical assistance program of title 71, chapter 5.
(3)
In addition to any other lawful use of the nursing home resident protection trust fund, the fund may also be used for making payments for temporary management as provided in §
68-11-831
.
(4)
In addition to any other lawful use of the nursing home resident protection trust fund, the fund may also be used to fund a pilot grant program to assist in the implementation of Eden Alternative enhanced quality of life projects in nursing homes, assisted-care living facilities and homes for the aged in Tennessee.
(b)
Notwithstanding any other law to the contrary, any such funds remaining unspent at the end of the fiscal year shall be carried over into the budget of the health facilities commission for the subsequent fiscal year, and shall continue to be carried over from year to year until expended for the purposes prescribed in this section.
Amended by 2022 Tenn. Acts, ch. 1119, s 87, eff. 7/1/2022.
Acts 1987, ch. 312, § 3; 1989, ch. 512, § 5; 1999, ch. 512, § 5.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-828 - Equitable proceedings - Payments from trust fund

Whenever a nursing home is a party to a proceeding seeking equitable relief pursuant to §
68-11-213(a)
or §
29-1-103
and in such other proceedings in which the court with jurisdiction over the matter finds that complete relief cannot be awarded to a person with a just claim without invoking this section, the nursing home resident protection trust fund shall be subject to the order of the court for the purposes of assisting with the costs of relocating indigent residents upon the voluntary or involuntary closure of a nursing home, of reimbursing residents for any personal funds lost while held in trust by a nursing home, or of maintaining, in the interests of the residents' health and safety, the on-going operation of a nursing home pending the conclusion of the legal proceedings.
Acts 1987, ch. 312, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-829 - Recovery of moneys paid out of trust fund

(a)
Any order under the authority of §
68-11-828
that divests the assets of the nursing home resident protection trust shall give to the executive director of the health facilities commission, as trustee, a right of action to recover any moneys paid out of the fund against the property of any person or organization who was legally liable for these expenditures.
(b)
The action may be brought in the same court in which the other proceedings are pending or in any court having personal jurisdiction over the defendant.
Amended by 2022 Tenn. Acts, ch. 1119, s 88, eff. 7/1/2022.
Acts 1987, ch. 312, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 8 - DEFICIENT NURSING HOMES (§§ 68-11-801 — 68-11-832) › Section 68-11-831 - Appointment of temporary management

(a)
The health facilities commission is authorized to appoint temporary management to oversee the operation of a nursing home and to assure the health and safety of the nursing home's residents where:
(1)
There is an orderly closure of the nursing home; or
(2)
Improvements are made in order to bring the nursing home into compliance with all applicable deficiencies cited pursuant to §
68-11-210
.
(b)
All proceedings initiated pursuant to this section shall be consistent with those in §§
68-11-207
and
68-11-208
, and, to the extent practicable, may be brought concurrently with proceedings initiated pursuant thereto.
(c)
The temporary management under this section shall not be terminated until the facility is closed under subdivision (a)(1), or until the health facilities commission has determined that the nursing home has the management capability to ensure continued compliance with all requirements for nursing homes.
(d)
The health facilities commission has the authority to appoint temporary management under this section during the pendency of a hearing.
Amended by 2022 Tenn. Acts, ch. 1119, s 92, eff. 7/1/2022.
Acts 1989, ch. 512, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 9 - RIGHTS OF NURSING HOME RESIDENTS AND PATIENTS, AND MEMBERS OF THE PUBLIC REGARDING NURSING HOMES (§§ 68-11-901 — 68-11-910) › Section 68-11-902 - Nursing home residents and patients - Abridging, restricting, limiting or amending minimum rights

(a)
The rights set forth in §
68-11-901
may be abridged, restricted, limited or amended only as follows:
(1)
When medically contraindicated; or
(2)
When necessary to protect and preserve the rights and safety of the other residents in the facility.
(b)
(1)
Any reduction in resident's rights based upon medical consideration or the rights of other residents must be explicit, reasonable, appropriate to the justification, and the least restrictive response feasible.
(2)
Reductions in rights may be time-limited, shall be explained to the resident, and must be documented in the individual resident's record by reciting the limitation's reason and scope.
(3)
Medical contraindications shall be supported by a physician's order.
(4)
At least once each month, the administrator and the director of nursing shall review the restriction's justification and scope before removing it, amending it or renewing it.
(5)
The names of any residents in the facility whose rights have been restricted under this subsection (b) shall be maintained on a separate list, which shall be available for inspection by the health facilities commission and by the area long-term ombudsman.
Amended by 2022 Tenn. Acts, ch. 1119, s 94, eff. 7/1/2022.
Acts 1987, ch. 312, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 9 - RIGHTS OF NURSING HOME RESIDENTS AND PATIENTS, AND MEMBERS OF THE PUBLIC REGARDING NURSING HOMES (§§ 68-11-901 — 68-11-910) › Section 68-11-903 - Retaliation or discrimination against complainants

No nursing home or home for the aged may retaliate or discriminate in any manner against any person who:
(1)
In good faith complains or provides information to, or otherwise cooperates with, any agency of government or any person or entity operating under contract with an agency of government, having any responsibility for protecting the rights of residents of nursing homes or homes for the aged; or
(2)
Attempts to assert any right protected by state or federal law.
Acts 1987, ch. 312, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 9 - RIGHTS OF NURSING HOME RESIDENTS AND PATIENTS, AND MEMBERS OF THE PUBLIC REGARDING NURSING HOMES (§§ 68-11-901 — 68-11-910) › Section 68-11-904 - Confidentiality of complainant's identity

(a)
Whenever the health facilities commission conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any patient or resident who is the subject of the complaint, or identified in the complaint, shall be treated as confidential and shall not be open to inspection by members of the public, notwithstanding any provision of title 10, chapter 7 to the contrary.
(b)
It being in the public interest that the identity of a person described in subsection (a) shall be protected from disclosure, the person's identity shall be provided in response to litigation, only after a finding by the court that justice so requires.
Amended by 2022 Tenn. Acts, ch. 1119, s 95, eff. 7/1/2022.
Acts 1987, ch. 312, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 9 - RIGHTS OF NURSING HOME RESIDENTS AND PATIENTS, AND MEMBERS OF THE PUBLIC REGARDING NURSING HOMES (§§ 68-11-901 — 68-11-910) › Section 68-11-905 - Personal property - Storage space - Security - Theft

(a)
Each nursing home shall provide a reasonable amount of storage space for the personal property of the residents.
(b)
The nursing home shall provide a means of safeguarding small items of value for the resident in the resident's room, or in some other part of the facility if the resident can have daily access to the valuables.
(c)
The facility shall develop procedures for investigating complaints of the theft of residents' property and shall document its investigation of all the complaints.
Acts 1987, ch. 312, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 9 - RIGHTS OF NURSING HOME RESIDENTS AND PATIENTS, AND MEMBERS OF THE PUBLIC REGARDING NURSING HOMES (§§ 68-11-901 — 68-11-910) › Section 68-11-906 - Deposit of residents' funds - Surety bond

(a)
Each nursing home shall deposit any funds in excess of one hundred dollars ($100) received from, or on behalf of, a resident in an interest-bearing account, insured by an agency of the federal government.
(b)
The account shall be maintained in a manner clearly indicating that the facility has only a fiduciary interest in the funds.
(c)
When individual interest-bearing accounts or collective accounts capable of individual attribution of interest payments are not readily available for such deposits, the nursing home may use a single account for deposits by, or on behalf of, more than one (1) resident, but shall maintain records documenting the amount of principal owned by each depositor.
(d)
Any interest accruing on such accounts need not be paid to individual depositors, but shall be used for the benefit of the facility's residents to pay for activities or amenities not covered by the facility's charges.
(e)
The nursing home may keep up to one hundred dollars ($100) of a resident's money in a non-interest bearing account or petty cash fund, readily available for the resident's current expenditures.
(f)
The nursing home shall maintain a surety bond on all funds held in trust for facility residents and shall make an annual, audited accounting of such funds, available to the residents and for public inspection.
Acts 1987, ch. 312, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 9 - RIGHTS OF NURSING HOME RESIDENTS AND PATIENTS, AND MEMBERS OF THE PUBLIC REGARDING NURSING HOMES (§§ 68-11-901 — 68-11-910) › Section 68-11-907 - Involuntary transfer or discharges

(a)
Except when the resident's attending physician determines that the failure to transfer a nursing home resident will threaten the health or safety of the resident or others, and documents that determination in the resident's medical record, no involuntary transfer or discharge shall occur until a physician has certified, in writing, that the physician has personally examined the resident within the seven (7) days immediately before the proposed transfer or discharge, that the physician is familiar with the discharge plans and provisions for continuing the resident's care, and that the transfer or discharge will not pose a threat to the health or safety of the resident.
(b)
As used in this section, "transfer" refers to the movement of a patient or resident to a location outside of the nursing home and does not refer to intrafacility transfers in which a patient or resident changes beds, rooms or wings of the same nursing home.
Acts 1987, ch. 312, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 9 - RIGHTS OF NURSING HOME RESIDENTS AND PATIENTS, AND MEMBERS OF THE PUBLIC REGARDING NURSING HOMES (§§ 68-11-901 — 68-11-910) › Section 68-11-908 - Refusal of access to nursing home

(a)
The administrator of a nursing home may refuse access to the facility to any person whose presence would be injurious to the health and safety of a resident or the staff, or would threaten the security or the property of the residents, staff or facility.
(b)
(1)
Any person refused access to a nursing home shall be notified at the time of the refusal of the person's right to file a complaint with the health facilities commission, which may require the facility to answer as to its reasons.
(2)
Counseling residents regarding their legal rights shall not constitute an activity justifying denial of access.
Amended by 2022 Tenn. Acts, ch. 1119, s 96, eff. 7/1/2022.
Acts 1987, ch. 312, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 9 - RIGHTS OF NURSING HOME RESIDENTS AND PATIENTS, AND MEMBERS OF THE PUBLIC REGARDING NURSING HOMES (§§ 68-11-901 — 68-11-910) › Section 68-11-909 - Data aiding enforcement of quality of care standards

(a)
The executive director of the health facilities commission shall determine what, if any, nursing home resident morbidity and mortality data would materially aid enforcement of quality of care standards and would be feasible for nursing homes to report.
(b)
Data meeting this criteria shall be collected and reported to the health facilities commission as prescribed by regulation, but shall be confidential and not subject to public inspection under §
10-7-503
.
Amended by 2022 Tenn. Acts, ch. 1119, s 97, eff. 7/1/2022.
Acts 1987, ch. 312, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 10 - REGISTRY OF PERSONS WHO HAVE ABUSED, NEGLECTED, OR MISAPPROPRIATED THE PROPERTY OF VULNERABLE INDIVIDUALS (§§ 68-11-1001 — 68-11-1006) › Section 68-11-1001 - Establishment and maintenance of registry - Confidentiality - Access to records

(a)
The health facilities commission shall establish and maintain a registry containing the names of any persons who have been determined by Tennessee government agencies or any state or federal court or any administrative bodies to have abused, neglected, misappropriated or exploited the property of vulnerable individuals.
(b)
The names and information contained in this registry shall be available for public inspection as provided by this chapter.
(c)
The health facilities commission may discharge its responsibilities under this part directly, or through interagency agreement; provided, that authorized access to the records by means of a single centralized agency shall be assured.
Amended by 2022 Tenn. Acts, ch. 1119, s 100, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 99, eff. 7/1/2022.
Acts 1987, ch. 312, § 5; 1998, ch. 929, §§ 2, 3; 1999, ch. 519, § 2; 2009 , ch. 401, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 10 - REGISTRY OF PERSONS WHO HAVE ABUSED, NEGLECTED, OR MISAPPROPRIATED THE PROPERTY OF VULNERABLE INDIVIDUALS (§§ 68-11-1001 — 68-11-1006) › Section 68-11-1004 - Agencies or entities required to consult registry prior to hiring employees or utilizing volunteers

(a)
Any of the following shall determine whether any prospective employee or volunteer person engaged in providing services to persons subject to this part is listed on the registry before the person is permitted to be employed or provide volunteer services:
(1)
A state agency under title 33, 37, 52, 68 or 71 that provides licensing authority over any entity subject to subdivision (a)(2) or that provides care for persons subject to this part;
(2)
An entity licensed by a state agency as defined in subdivision (a)(1); or
(3)
An entity with a contract between that entity and a state agency, as defined in subdivision (a)(1), and that provides care for persons subject to this part.
(b)
No employee or volunteer who is listed on the registry may be hired or otherwise permitted to provide such regulatory oversight or services.
Amended by 2024 Tenn. Acts, ch. 688,s 168, eff. 7/1/2024.
Acts 1999, ch. 519, § 6; 2009 , ch. 401, § 8; T.C.A. § 68-11-1006.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 10 - REGISTRY OF PERSONS WHO HAVE ABUSED, NEGLECTED, OR MISAPPROPRIATED THE PROPERTY OF VULNERABLE INDIVIDUALS (§§ 68-11-1001 — 68-11-1006) › Section 68-11-1005 - Immunity from liability for allegations or testimony regarding abuse, neglect, or misappropriation of property

(a)
Anyone who submits an allegation of abuse, neglect, or misappropriation or exploitation of property to the health facilities commission for inclusion in the registry, or who testifies in any administrative or judicial proceeding arising from the allegation, shall be immune from any civil or criminal liability for making the report or for testifying, except for liability for perjury, unless the person acted in bad faith or with malicious purpose.
(b)
A licensing authority that refuses to license a person listed on the registry established by this part, or that refuses to license an entity that employs or allows such a person to provide care to vulnerable persons, or a person or entity that declines to employ or otherwise utilize such a person, or that terminates such a person, shall be absolutely immune from suit by or on behalf of that person and from any liability for such actions based upon the person's listing on the registry.
Amended by 2022 Tenn. Acts, ch. 1119, s 102, eff. 7/1/2022.
Acts 1999, ch. 519, § 8; 2009 , ch. 401, § 9; T.C.A. § 68-11-1008.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 10 - REGISTRY OF PERSONS WHO HAVE ABUSED, NEGLECTED, OR MISAPPROPRIATED THE PROPERTY OF VULNERABLE INDIVIDUALS (§§ 68-11-1001 — 68-11-1006) › Section 68-11-1006 - Promulgation of rules

The executive director of the health facilities commission shall promulgate rules to effectuate the purposes of this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2022 Tenn. Acts, ch. 1119, s 103, eff. 7/1/2022.
Added by 2015 Tenn. Acts, ch. 94, s 3, eff. 7/1/2015.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 11 - INDIGENT HEALTH CARE (§§ 68-11-1101 — 68-11-1104) › Section 68-11-1101 - Purpose

The purpose of this part is to ensure a more equitable allocation of public financial resources provided for the purpose of off-setting the financial burden placed on hospitals in providing necessary services to medically indigent citizens.
Acts 1989, ch. 434, § 1; 1991, ch. 459, § 6.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 11 - INDIGENT HEALTH CARE (§§ 68-11-1101 — 68-11-1104) › Section 68-11-1102 - Indigent health care risk fund - Created - Allocations

(a)
There is created within the state treasury an indigent health care risk fund to be administered by the commissioner of finance and administration, with the approval of the governor.
(b)
The fund shall allocate the total revenue received by the state pursuant to §
68-11-216
, less such amounts for administrative costs as may be set forth in the general appropriations act, pursuant to rules and regulations that the commissioner is authorized to promulgate.
(c)
In allocating the funds in the indigent health care risk fund, consideration shall be given by the commissioner to:
(1)
The relative amounts of bad debt, medically indigent and charity care provided by the hospitals;
(2)
The amount of government subsidies to the hospitals; and
(3)
Any other factor relating to indigent care as determined by the commissioner.
Acts 1989, ch. 434, § 2; 1992, ch. 913, § 17.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 11 - INDIGENT HEALTH CARE (§§ 68-11-1101 — 68-11-1104) › Section 68-11-1103 - Indigent health care risk fund - Deposits - Interest - Payments - Reports

(a)
All funds received, appropriated or otherwise coming under [former] §
68-11-216(c)
[obsolete] shall be deposited into the state treasury to the credit of the indigent health care risk fund.
(b)
Any interest earned on such funds shall also be credited to the indigent health care risk fund.
(c)
The commissioner of finance and administration shall make payments from the fund in the same manner as other state agencies for the administration and implementation of the purposes of this part.
(d)
(1)
Amounts in the fund at the end of any fiscal year shall not revert to the general fund, but shall remain available for the purposes as set forth in this part.
(2)
The commissioner shall report to the general assembly annually on the financial status of the fund, including receipts, payments, the year-end balance, and such other information as may be pertinent.
Acts 1989, ch. 434, § 3; 1991, ch. 459, §§ 7, 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 11 - INDIGENT HEALTH CARE (§§ 68-11-1101 — 68-11-1104) › Section 68-11-1104 - "Hospital" defined

For the purposes of this part and §
68-11-310
, "hospital" includes all hospitals owned by local and state governments.
Acts 1989, ch. 434, § 10.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 12 - PUBLIC COSTS SAVINGS ACT OF 1990 (§§ 68-11-1201 — 68-11-1204) › Section 68-11-1201 - Short title

This part shall be known and may be cited as the "Public Costs Savings Act of 1990."
Acts 1990, ch. 1079, § 1.