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 52-2-421 - Personal support services; consumer notices; notices

(a)
As used in this section, unless the context otherwise requires:
(1)
"Personal support services agency":
(A)
Means a sole proprietorship, partnership, corporation, limited liability company, or a limited partnership that provides personal support services as defined in this part; and
(B)
Includes an entity that employs or subcontracts with individuals who provide personal support services to persons supported; and
(2)
"Personal support services worker" means a person licensed as a personal support services agency, or an employee or an individual subcontracted by a personal support services agency who is providing personal support services pursuant to an arrangement between a person supported and a personal support services agency.
(b)
In addition to the standards and requirements for personal support services as established by rules adopted by the department, personal support services agencies shall comply with the requirements in this section.
(c)
A personal support services agency shall provide to each person supported a consumer notice before beginning service, which must include, at a minimum, the following:
(1)
The duties, responsibilities, obligations, and legal liabilities of the personal support services agency, the personal support services worker, and the person supported. The description must clearly set forth the responsibility, if any, of the person supported for:
(A)
Day-to-day supervision of the personal support services workers;
(B)
Assigning duties to the personal support services worker;
(C)
Hiring, firing, and discipline of the personal support services worker;
(D)
Provision of equipment or materials for use by the personal support services worker;
(E)
Performing a criminal background check on the personal support services worker;
(F)
Checking the personal support services worker's references; and
(G)
Ensuring credentials and appropriate licensure and certification of a personal support services worker; and
(2)
A statement identifying the personal support services agency as an employer, or contractor, as applicable, of the personal support services worker along with the responsibility the personal support services agency will assume for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, workers' compensation, and unemployment compensation payments.
(d)
A personal support services agency shall provide a notice to each personal support services worker who is placed with a person supported before the worker provides any service to the person supported. The worker notice must contain the following information:
(1)
The relationship between the personal support services agency and the personal support services workers; and
(2)
A description of the duties, responsibilities, obligations, and legal liabilities of the personal support services agency, the person supported, and the personal support services worker. The description must include the following information:
(A)
A statement identifying the employing or contracting personal support services agency as responsible for the payment of the personal support services worker's wages, including overtime pay for hours worked in excess of forty (40) hours in a workweek, taxes, social security, unemployment, and workers' compensation insurance as prescribed by state and federal law; and
(B)
A statement identifying which party is responsible for the personal support services worker's hiring, firing, discipline, day-to-day supervision, assignment of duties, and provision of equipment or materials for use by the personal support services worker.
(e)
The notices required under subsection (c) must be signed by the person supported or the person's authorized representative and retained by the personal support services agency at its office for not less than two (2) years following termination of service.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.