2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 1 - COMMISSION ON AGING AND DISABILITY (§§ 71-2-101 — 71-2-118) › Section 71-2-118 - [Effective Until 7/1/2024] [Repealed Effective 7/1/2024] Registry of unlicensed facilities - Notification - Appeal - Removal from registry

(a)
As used in this section, unless the context otherwise requires:
(1)
"Elderly person" means a person sixty (60) years of age or older;
(2)
"Executive director" means the executive director of the commission;
(3)
"State agency" means an agency of state government, including, but not limited to:
(A)
The department of intellectual and developmental disabilities;
(B)
The department of mental health and substance abuse services;
(C)
The department of human services, including the division of adult protective services;
(D)
The department of children's services;
(E)
The department of commerce and insurance, including the state fire marshal's office;
(F)
The Tennessee bureau of investigation;
(G)
The bureau of TennCare; and
(H)
The department of health;
(4)
"Unlicensed facility" means a facility that has been found to be in violation of §
68-11-213
or §
33-2-405
for failure to be licensed by a state agency; and
(5)
"Vulnerable person" means a person eighteen (18) years of age or older who, by reason of advanced age or other physical or mental condition, is deemed by a state agency to be vulnerable.
(b)
The executive director shall establish and maintain a registry containing the names and addresses of unlicensed facilities that have been determined by a state agency to be providing care to elderly or vulnerable persons without maintaining the appropriate licensure under title 33 or 68. The executive director shall publish the registry on the commission's website.
(c)
A state agency that finds that a person or facility is operating an unlicensed facility in violation of §
68-11-213
or §
33-2-405
shall notify the executive director within five (5) business days of the finding. The state agency shall provide the executive director with the following:
(1)
The name of the facility;
(2)
The names of the facility's owners or operators;
(3)
The physical location or mailing address of the facility;
(4)
A citation to the statutory or regulatory authority used by the state agency in making the finding; and
(5)
Other information that the state agency deems necessary to adequately identify the facility to the public.
(d)
Within five (5) business days of receipt of notice under subsection (c), the executive director shall publish on the registry the documents and information provided by the state agency. The executive director shall notify the person or facility in writing, based on the mailing address provided by the state agency, within three (3) business days of publication on the registry.
(e)
A person or facility published on the registry may appeal the publication to the executive director within thirty (30) days of notification under subsection (d). The executive director or the executive director's designee shall afford the person or facility a hearing in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. Following the contested case, if the executive director finds that the person or facility was appropriately placed on the registry and was in operation after receiving notice under subsection (d), then the executive director may seek injunctive relief in Davidson County chancery court.
(f)
On or after July 1, 2022, it is unlawful for a person or facility to operate an unlicensed facility in violation of §
68-11-213
or §
33-2-405
after notification of publication on the registry. A violation of this subsection (f) is a Class D felony.
(g)
A state agency that notified the executive director of a finding under subsection (c) may later recommend to the executive director the removal of a person or facility's information from the registry, if:
(1)
The state agency finds that the original notice to the executive director was in error; or
(2)
The facility has applied for and obtained the necessary licensure under title 33 or 68. The state agency shall provide the facility's license number and the date of licensure.
(h)
The executive director may promulgate rules to implement this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(i)
This section does not require a person or facility to be licensed if the person or facility is not required to be licensed under title 33, title 68, or title 71.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Added by 2022 Tenn. Acts, ch. 1081, s 2, eff. 5/27/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.