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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-204 - [Effective 12/1/2029] Requirement for license - Governmental institutions exempted

(a)
(1)
A person, partnership, association, or corporation, this state, a county or local government unit, and any division, department, board, or agency of a government unit, shall not establish, conduct, operate, or maintain the following in this state without a license:
(A)
A hospital;
(B)
A recuperation center;
(C)
A nursing home;
(D)
A home for the aged;
(E)
A residential HIV supportive living facility;
(F)
An assisted-care living facility;
(G)
A home care organization;
(H)
A residential hospice;
(I)
A birthing center;
(J)
A prescribed child care center;
(K)
A renal dialysis clinic;
(L)
An outpatient diagnostic center;
(M)
An ambulatory surgical treatment center;
(N)
An adult care home;
(O)
A traumatic brain injury residential home;
(P)
A burn unit;
(Q)
A neonatal intensive care unit;
(R)
Magnetic resonance imaging; or
(S)
Positron emission tomography.
(T)
A linear accelerator.
(U)
Open heart surgery.
(2)
State or local government home care organizations may be excluded by the board.
(3)
An independent living facility is exempt from the licensure requirements of this part.
(b)
Any health care facility or local health department operated by the federal government shall be exempt from this part.
(c)
The commission, in its discretion, is authorized to issue licenses to several licensees in such form as it may deem necessary to distinguish between and identify any of the facilities required to be licensed by the commission.
(d)
Nothing in this part requires a person or entity providing hospice residential services as of July 1, 1992, to obtain a certificate of need as a residential hospice, if such person or entity, prior to July 1, 1992, had qualified for reimbursement as a hospice under the federal medicare program.
Amended by 2024 Tenn. Acts, ch. 985,s 17, eff. 12/1/2029.
Amended by 2024 Tenn. Acts, ch. 985,s 15, eff. 12/1/2027.
Amended by 2024 Tenn. Acts, ch. 985,s 8, eff. 12/1/2025.
Amended by 2022 Tenn. Acts, ch. 1119, s 26, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 242, s 1, eff. 5/2/2017.
Acts 1947, ch. 13, § 6; C. Supp. 1950, § 5879.5 (Williams, § 4432.6); Acts 1953, ch. 113, § 27; 1968, ch. 552, § 2; 1971, ch. 225, § 3; 1975, ch. 276, § 3; 1976, ch. 471, § 3; T.C.A. (orig. ed.), § 53-1305; Acts 1992, ch. 805, §§ 4, 5; 1993, ch. 234, § 14; 1994, ch. 747, § 5; 1996, ch. 674, § 4; 1996, ch. 818, § 3; 1998, ch. 1021, § 4; 2000, ch. 981, §§ 83, 84; 2001, ch. 285, §§ 3, 4; 2001, ch. 438, §§ 4 - 6, 18; 2004, ch. 917, § 3; 2009 , ch. 186, § 12; 2009 , ch. 579, § 7; 2012, ch. 1086, § 8.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-208 - Hearings before the commission - Judicial review

(a)
Any licensee, or applicant for a license, aggrieved by a decision or action of the commission pursuant to this part may request a hearing before the commission.
(b)
These proceedings and judicial review of the commission's decision must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
The chair of the health facilities commission may appoint a five-member ad hoc litigation committee composed of members of the commission when deemed necessary by the chair of the commission.
Amended by 2023 Tenn. Acts, ch. 466, s 42, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 466, s 5, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1119, s 34, eff. 7/1/2022.
Acts 1947, ch. 13, § 10; C. Supp. 1950, § 5879.9 (Williams, § 4432.10); Acts 1968, ch. 522, § 2; 1971, ch. 225, § 5; 1975, ch. 276, § 9; 1976, ch. 471, § 9; 1981, ch. 397, § 3; T.C.A. (orig. ed.), § 53-1309.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-212 - Placement and adoption of children unaffected

This part shall not be construed in any way to restrict or modify any law pertaining to the placement and adoption of children.
Acts 1947, ch. 13, § 14; C. Supp. 1950, § 5879.13 (Williams, § 4432.14); T.C.A. (orig. ed.), § 53-1313.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-214 - Personnel and inspectors

(a)
The commission is authorized to employ all necessary administrative and clerical employees; and to employ one (1) or more inspectors, for such time as, in the judgment of the executive director, may be necessary, who shall be well experienced in the operation of hospitals, and whose duty it is to:
(1)
Visit all institutions coming under the scope of this part and inspect them, insofar as it may be necessary to arrive at the necessary facts required to make a true and informative report to the commission; and
(2)
Give advice, aid and encouragement to such institutions, in maintaining high professional ideals and good care of patients.
(b)
The commission shall cooperate in the inspections and coordinate them with its other work.
(c)
(1)
The commission shall not assign an individual to be a member of an inspection team for purposes of conducting an annual survey required for medicare or medicaid certification at a nursing home facility in which the individual works, or, at any previous time, has worked as an employee, as employment agency staff at the facility, or as an officer, consultant, or agent for the facility to be inspected. Prior to being employed by the commission, all such individuals shall be required to disclose any previous employment at any and all nursing home facilities, including employment as an employee, as employment agency staff, or as an officer, consultant or agent.
(2)
The commission shall not assign an individual to lead an inspection team conducting an inspection as a result of a complaint filed against a nursing home facility if the individual works, or, at any previous time, has worked as an employee, as employment agency staff at the facility, or as an officer, consultant, or agent for the facility to be inspected.
(3)
(A)
The commission shall not assign an individual to be a part of an inspection team conducting an inspection as a result of a complaint filed against a nursing home facility if the individual works, or, at any previous time, has worked as an employee, as employment agency staff at the facility, or as an officer, consultant, or agent for the facility to be inspected.
(B)
Notwithstanding subdivision (c)(3)(A) to the contrary, the executive director may allow for exceptions to subdivision (c)(3)(A) if the executive director deems it necessary for the immediate protection of the health, safety or welfare of residents of a nursing home.
Amended by 2023 Tenn. Acts, ch. 466, s 47, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 51, eff. 7/1/2022.
Acts 1947, ch. 13, §§ 16, 17; mod. C. Supp. 1950, § 5879.15 (Williams, §§ 4432.16, 4432.17); T.C.A. (orig. ed.), § 53-1315; Acts 2008 , ch. 982, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-215 - Salaries and expenses

(a)
The department of human resources shall fix the salaries of all employees upon the advice of the executive director.
(b)
All employees and members of the commission shall be reimbursed for necessary expenses in the discharge of their official duties.
(c)
All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d)
The expenses provided for in this section shall be incorporated as part of the budget of the commission.
Amended by 2023 Tenn. Acts, ch. 466, s 48, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 53, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 52, eff. 7/1/2022.
Acts 1947, ch. 13, § 18; C. Supp. 1950, § 5879.16 (Williams, § 4432.18); Acts 1976, ch. 806, § 1(145); T.C.A. (orig. ed.), § 53-1316.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-217 - Christian Science facilities excepted

(a)
Nothing in this part or the rules and regulations relative to medical treatment adopted pursuant to this part shall be construed as authorizing the supervision, regulation or control of the remedial care or treatment of patients or residents in, or over, any health care facility conducted for or by those who rely upon treatment by prayer through spiritual means in the practice of religion in accordance with the creed or tenets of the First Church of Christ, Scientist, in Boston, Massachusetts.
(b)
However, these institutions must comply with all rules and regulations relative to sanitation and safety as other institutions of similar category.
Acts 1968, ch. 522, § 7; T.C.A., § 53-1318.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-218 - Report of disciplinary action and referral to or participation in professional assistance program

(a)
The chief administrative official of each hospital or other facility shall report to the respective licensing board, committee, council, or agency the following:
(1)
Any disciplinary action taken concerning any person licensed under title 63 or this title, when the action is related to professional ethics, professional incompetence, negligence, moral turpitude, or drug or alcohol abuse; and
(2)
Any information that the chief administrative official reasonably believes indicates that a person licensed under title 63 or this title has been referred to or participated in a professional assistance program on two (2) or more separate occasions because the person:
(A)
Inappropriately prescribed an opioid;
(B)
Diverted an opioid;
(C)
Engaged in sexual activity with a patient; or
(D)
Has a mental or physical impairment that prevents the person from safely practicing the licensed profession.
(b)
(1)
A report to a licensing board, committee, council, or agency made pursuant to subdivision (a)(1) must be in writing and must be made within sixty (60) days of the date of a disciplinary action described in subdivision (a)(1).
(2)
A report to a licensing board, committee, council, or agency made pursuant to subdivision (a)(2) must be in writing, must be made on or before January 31 of each year, and must cover any referrals occurring during the previous calendar year.
(c)
For purposes of this section, "disciplinary action" includes termination, suspension, reduction, or resignation of hospital privileges for any of the reasons listed in subsection (a).
(d)
Notwithstanding §
63-1-150
, §
63-6-228
, or any other provision to the contrary, the hospital or facility shall make available to the respective licensing board, committee, council, or agency, for examination all records pertaining to a disciplinary action described in subdivision (a)(1).
(e)
Any individual who, as a member of any committee, an employee, or a contractor of any hospital or facility, files a report pursuant to this section, is immune from liability to the extent provided in §
63-1-150
.
Amended by 2021 Tenn. Acts, ch. 461, s 5, eff. 5/18/2021.
Amended by 2017 Tenn. Acts, ch. 240, s 5, eff. 5/2/2017.
Amended by 2017 Tenn. Acts, ch. 4, Secs.s 8, s 9, s 10 eff. 3/15/2017.
Acts 1976, ch. 631, § 1; 1980, ch. 522, § 1; T.C.A., § 53-1330; Acts 2004, ch. 745, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-220 - Hospital billing information statements

(a)
As used in this section, "hospital" includes hospitals as defined in §
68-11-201
.
(b)
(1)
Within ten (10) days following discharge or release from confinement in a hospital, or within ten (10) days after the earliest date at which the expense from confinement or service may be determined, the hospital providing such services shall submit to the patient, or an authorized representative, a statement or billing containing the same charge or expense information required to be included on the uniform claim form pursuant to §
56-7-1008
.
(2)
This statement shall not include charges of hospital-based physicians if billed separately.
(c)
(1)
Subsequent to the initial billing for services, the hospital shall, upon written request from the patient, an authorized representative, an insurance company, an employer, or other organization responsible for the reimbursement or payment of such services, provide a more detailed statement of specific services received and expenses incurred by the patient.
(2)
The hospital shall be allowed thirty (30) days from the receipt of a request to provide the statement.
(3)
All requests shall be made within one (1) year of discharge.
Acts 1984, ch. 730, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-221 - Deficiencies in facilities - Special monitors

During a suspension of admissions pursuant to §
68-11-252
, the executive director shall appoint one (1) or more special monitors, if the deficiency threatens serious bodily harm to the patients or residents of the facility. The executive director may appoint a special monitor or monitors at any other time, if the executive director has reason to believe that deficiencies exist in a facility that are detrimental to the direct care of the patients or residents. Whenever the appointment of monitors is utilized pursuant to this section, the executive director shall appoint a sufficient number of monitors to ensure their presence in the facility for a minimum of twenty (20) hours per week. The monitors shall observe the operation of the facility, and shall submit written reports periodically to the executive director on the operation of the facility. Persons appointed as monitors shall be duly qualified to discharge their responsibilities. While employed as monitors, they shall represent the commission with the power to observe and review all of the facility's operation, with attention to those aspects for which the suspension of admission was imposed. When appointment of a monitor or monitors is mandated by this section, the facility shall be liable for the costs of the special monitors, until it has been determined that the deficiencies have been corrected. No part of such costs for which a facility is liable shall be recoverable by the facility, either directly or indirectly, from the medical assistance program administered pursuant to title 71, chapter 5, part 1. The executive director may retain a monitor in a facility after correction to evaluate the facility's continued compliance, but it shall be at the expense of the commission. The costs of such monitors shall be recoverable as follows:
(1)
Deduction of the amount of such costs from amounts otherwise due from the state to the facility and to remittance of such amounts to the commission;
(2)
Addition of such costs to the facility's licensing fee, the renewal of the facility's license to be contingent upon the prior payment of such costs; or
(3)
By suit of the commission in the circuit or chancery court to recover such costs.
Amended by 2022 Tenn. Acts, ch. 1119, s 58, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 655, s 4, eff. 7/1/2018.
Acts 1986, ch. 775, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-222 - Acquired immune deficiency syndrome (AIDS)

(a)
All acute care hospitals, birthing centers, prescribed child care centers, and ambulatory surgical treatment centers in Tennessee licensed pursuant to this part shall adopt, in the discretion of the institution and in consultation with the institution's medical staff, appropriate policies regarding the testing of patients and staff for human immunodeficiency virus (HIV) and any other identified causative agent of acquired immune deficiency syndrome (AIDS).
(b)
Acting in consultation with the department of health and the health facilities commission, the following state entities shall promulgate rules requiring the respective facilities and persons, regulated by such state entities, to adopt and appropriately utilize universal precautions for prevention of HIV transmission:
(1)
[Deleted by 2023 amendment.]
(2)
Board of dentistry, created under §
63-5-101
;
(3)
Board of medical examiners, created under §
63-6-101
;
(4)
Board of physician assistants, created under §
63-19-103
;
(5)
Board of nursing, created under §
63-7-201
;
(6)
Board of occupational therapy, created under §
63-13-216
;
(7)
Board of optometry, created under §
63-8-103
;
(8)
Board of osteopathic examination, created under §
63-9-101
;
(9)
Board of physical therapy, created under §
63-13-318
; and
(10)
Board of podiatric medical examiners, created under §
63-3-103
.
(c)
(1)
In the event that an employee of a health care facility or an inpatient mental health facility licensed under title 33, a student studying at the health care facility or inpatient mental health facility licensed under title 33 or other care provider that renders services at the healthcare facility or inpatient mental health facility licensed under title 33 is exposed to the blood or other body fluid of a patient, the facility may require that patient's blood to be tested for the presence of the hepatitis B virus and the HIV/AIDS virus.
(2)
Such testing shall be performed at no charge to the patient and the results of such testing shall be confidential.
Amended by 2023 Tenn. Acts, ch. 466, s 50, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 59, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 565, s 10, eff. 5/26/2021.
Acts 1989, ch. 447, § 1; 1993, ch. 264, §§ 1-3; 1993, ch. 340, § 1; 1996, ch. 674, § 11; 2000, ch. 981, § 94; 2007 , ch. 115, § 12; 2008 , ch. 848, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-225 - Nursing home administrators - Unexpected losses

(a)
This section applies to situations in which licensed nursing homes suffer the unexpected loss of an administrator and provide for procedures to be followed in such cases.
(b)
"Unexpected loss" means the absence of a nursing home administrator due to serious illness or incapacity, unplanned hospitalization, death, resignation with less than thirty (30) days' notice or unplanned termination.
(c)
The procedures to be followed by the facility upon receiving notice of the unexpected loss of the administrator are as follows:
(1)
The facility shall notify the commission within twenty-four (24) hours after notice of the unexpected loss of the administrator. Notification to the commission shall identify an individual to be responsible for administration of the facility for the immediate future, not to exceed thirty (30) days. This responsible individual need not be licensed as an administrator and may be the facility's director of nursing;
(2)
Within seven (7) days of notice of the unexpected loss, the facility shall request a waiver of the appropriate regulations from the commission; and
(3)
On or before the expiration of thirty (30) days after notice of the unexpected loss, the facility shall appoint a temporary administrator to serve until either a permanent administrator is employed or the request for a waiver is considered by the commission, whichever occurs first. The temporary administrator shall be any of the following:
(A)
A full-time administrator licensed in Tennessee or any other state;
(B)
One (1) or more part-time administrators licensed in Tennessee. Part-time shall not be less than twenty (20) hours per week; or
(C)
A full-time candidate for licensure as a Tennessee administrator who has completed the required training.
(d)
The procedures set forth in subsection (c) shall be followed until the next regularly scheduled meeting of the commission in which the commission considers the facility's application for a waiver. At that meeting the commission, after reviewing the circumstances, may grant, refuse or condition a waiver as necessary to protect the health, safety and welfare of the patients in the facility.
(e)
Any facility that follows the procedures set forth in subsection (c) shall not be subject to a civil penalty for absence of an administrator at any time preceding the commission's consideration of the facility's request for a waiver.
Amended by 2023 Tenn. Acts, ch. 466, s 53, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 61, eff. 7/1/2022.
Acts 1994, ch. 813, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-227 - Prohibited hospital actions

(a)
A hospital shall not require hospital-based physicians to:
(1)
Pay for the cost of the use of necessary medical equipment related to the provision of medical services by the hospital-based physicians; or
(2)
Share in the cost of advertising related to their services or services of the hospital, unless specifically required by contract.
(b)
The termination of an oral or written contract between a hospital and a hospital-based physician shall not result in loss of medical staff privileges, through contractual provisions or hospital policy, unless there is a written contract that contains a section separately executed by the parties that provides for the loss of medical staff privileges:
(1)
If such physician is provided with at least six (6) months' written notice of the termination of the contract; and
(2)
If such physician either:
(A)
Provides medical services under the contract to a department of the hospital that has a closed staff and will have a closed staff after termination of the contract; or
(B)
Provides medical services under the contract to a department of the hospital that has an open staff, but will have a closed staff after termination of the contract. In the case of an emergency physician, the notice of termination described in this subsection (b) may be less than six (6) months in order to obtain emergency coverage to satisfy requirements of state licensing rules, accreditation or applicable managed care plans.
(c)
As used in this section, "hospital-based physician" means an anesthesiologist, emergency physician, pathologist, or radiologist.
Acts 1995, ch. 466, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-228 - "Home care organization" and "solicit" defined

(a)
As used in §§
68-11-228
- 68-11-231, "home care organization" has the meaning as set forth in §
68-11-201
.
(b)
(1)
Except as otherwise provided, "solicit," as used in §§
68-11-228
- 68-11-231, means contact with a patient knowingly being treated by another home care organization for the purpose of attempting to persuade the patient to change home care organizations. "Solicit" specifically includes, but is not limited to, contacts by an existing or former employee of a home care organization for the purpose of persuading a patient of that home care organization to change to another home care organization.
(2)
"Solicit," as used in §§
68-11-228
- 68-11-231, does not include a home care organization's communications to the general public or any advertising of services through means of direct mail. The prohibition on solicitation set forth in this section shall in no way prevent a physician from making a recommendation to a patient that the patient use a particular home care organization's services based upon the physician's independent judgment.
Acts 1995, ch. 526, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-229 - Solicitation of patients of other home care organizations prohibited

It is unlawful for any home care organization, through its officers, directors, employees or agents, to knowingly solicit any patient to change home care organizations, if that patient is being treated at the time by another home care organization.
Acts 1995, ch. 526, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-230 - Purpose of Sections 68-11-228 - 68-11-231 - Construction

The purpose of §§
68-11-228
- 68-11-231 is to promote and maintain the necessary quality and continuity of care provided by a home care organization to its patients. Nothing contained in these sections shall:
(1)
Limit the right of a home care organization patient to change home care organizations at any time the patient so chooses;
(2)
Prohibit any home care organization from discussing services with, or providing services to, someone who voluntarily makes an initial contact with such home care organization for the purpose of seeking services from such home care organization or who responds to a public advertisement by such home care organization;
(3)
Prohibit any home care organization from discussing services with, or providing services to, a patient when someone acting on the patient's behalf or in the patient's interest makes an initial contact with such home care organization; or
(4)
Prohibit a managed care organization from requiring its enrollees to use only those home care organizations with which it has entered contracts for services.
Acts 1995, ch. 526, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-231 - Penalties - Injunction - Attorney's fees

A home care organization found in violation of §
68-11-229
shall be subject to an injunction by either a circuit or chancery court of competent jurisdiction prohibiting further solicitation. An action seeking injunctive relief may be initiated by any home care organization. The prevailing party may, in the court's discretion, be awarded attorney fees. The right to injunctive relief granted pursuant to this section shall not prevent an offended organization from seeking monetary damages or any other relief against the offending organization to which it may be entitled at law or in equity.
Acts 1995, ch. 526, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-232 - Construction of chapter regarding providing assisted-care living facility services and care

(a)
Nothing in this chapter shall require or authorize the state medicaid agency or a managed care organization to approve, supply or cover the services set out in §
68-11-201
for assisted-care living facilities.
(b)
Nothing in this chapter shall require or authorize the state medicaid agency or a managed care organization to approve, supply or cover medically necessary home care services provided in an assisted-care living facility, where the home care services are provided, supervised or directed by any person or entity with an ownership or control interest or by a managing employee of an entity with an ownership or control interest in the licensed assisted-care living facility or a licensed nursing home.
(c)
Nothing in this chapter shall require any other third party payer to approve, supply or cover medically necessary home care services provided in an assisted-care living facility, where the home care services are provided, supervised or directed by any person or entity with an ownership or control interest or by a managing employee of an entity with an ownership or control interest in the licensed assisted-care living facility or a licensed nursing home.
Acts 1996, ch. 818, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-234 - Criminal background checks for child care center employees

(a)
All "prescribed child care centers" as defined in §
68-11-201
shall initiate a criminal background check on any person who is employed by or who wishes to volunteer in a capacity that involves providing direct care to a child, prior to or within seven (7) days of employment or provision of services. Any person who applies for employment in a position or who wishes to volunteer in a capacity that involves providing direct care to a child in such a facility shall consent to any or all of the following:
(1)
Provide past work and personal references to be checked by the prescribed child care center;
(2)
Agree to the release of any and all information and investigative records to the prescribed child care center or its agent, or to any agency that contracts with the state of Tennessee necessary for the purpose of verifying whether the individual has been convicted of a felony in the state of Tennessee;
(3)
Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation, other law enforcement agency, or any legally authorized entity; or
(4)
Release any information required for a criminal background investigation by a professional background screening organization or criminal background check service or registry.
(b)
Any costs incurred by the Tennessee bureau of investigation, professional background screening organization, law enforcement agency or other legally authorized entity, in conducting investigations of such applicants or volunteers may be paid by the prescribed child care center, or any agency that contracts with the state of Tennessee requesting such investigation and information, or the individual who seeks employment or is employed or volunteers. Payments of such costs to the Tennessee bureau of investigation are to be made in accordance with §§
38-6-103
and
38-6-109
.
(c)
A prescribed child care center that declines to employ or terminates a person based upon information provided to the facility under this section shall be immune from suit by or on behalf of that person for the termination of or the refusal to employ that person.
Acts 2000, ch. 981, § 95.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-238 - Marketing strategies and strategic plans - Confidentiality of records - Closed meetings

(a)
Notwithstanding any law to the contrary, hospitals subject to the open meetings laws compiled in title 8, chapter 44, or the public records laws compiled in title 10, chapter 7, may discuss and develop marketing strategies and strategic plans in closed meetings, not open to the public, and the records addressing marketing strategies and strategic plans, including feasibility studies, may be treated as confidential and not public records, but shall be subject to subpoena. Action by the board of the hospital adopting a specific strategy or plan shall be subject to the open meetings laws and the adopted strategy or plan, and the studies that were considered in the adoption of the specific strategy or plan, shall then be subject to the public records laws. The records shall be available for public inspection at least seven (7) days before any vote to adopt such strategy.
(b)
Before a meeting of the board of trustees of the hospital shall be closed under this section, the following conditions shall apply:
(1)
A quorum of the board shall convene in a public meeting. The presiding officer shall cite or explain to the members and the public assembled the specific legal authority for closing the meeting to the public;
(2)
Members of the board shall vote by roll call in the public portion of the meeting on whether closing the meeting to the public is necessary. A simple majority vote of those members of the board in attendance at the meeting shall be required to go into a closed meeting; and
(3)
The presiding officer shall explain to the members of the board and any members of the public present at the public portion of the meeting that no other business other than the business described in subsection (a) shall be discussed during the closed meeting.
Acts 2008, ch. 917, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-240 - Participation in drug donation repository program

Notwithstanding any rule to the contrary, a nursing home, as defined in §
68-11-201
, is authorized to participate in a drug donation repository program under title 63, chapter 10 until such time as the board for licensing health care facilities promulgates rules to effectuate such participation. Nothing in this title or title 63 precludes a nursing home from utilizing a drug donation repository program for drug disposal services.
Added by 2017 Tenn. Acts, ch. 355, s 1, eff. 5/11/2017.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-241 - Promulgation of rules to permit disposal of prescription drugs

(a)
Notwithstanding this title or any rule, the board for licensing health care facilities is directed to use emergency rulemaking under §
4-5-208
to promulgate rules by January 1, 2018, to permit facilities licensed under this part to dispose of controlled substances and other prescription drugs by destruction using any means permitted by the federal drug enforcement administration.
(b)
Notwithstanding this title or any rule, the board for licensing health care facilities is directed to use emergency rulemaking under §
4-5-208
to promulgate rules by January 1, 2018, to permit the disposal by donation or other means, including a drug donation repository program, of prescription drugs that are not controlled substances.
Added by 2017 Tenn. Acts, ch. 355, s 2, eff. 5/11/2017.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-242 - [Effective Until 1/1/2025] Differentiation between licensed physicians based on maintenance of certification

(a)
For purposes of this section:
(1)
"Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical board certification; and
(2)
"Organized medical staff" means an organized body composed of individuals appointed by a facility's governing board that operates under bylaws approved by the governing body and is responsible for the quality of medical care provided to patients by the facility.
(b)
Except as otherwise provided by this section, facilities licensed under this title may only differentiate between licensed physicians based on a physician's maintenance of certification in medical staff privileging and credentialing when authorized through the following process:
(1)
The voting members of the facility's organized medical staff vote to adopt the differentiation; and
(2)
The facility's governing body reviews and approves the action of the medical staff.
(c)
An authorization described by subsection (b) may:
(1)
Establish terms applicable to the facility's differentiation, including:
(A)
Appropriate grandfathering provisions; and
(B)
Limiting the differentiation to certain medical specialties; and
(2)
Be rescinded at any time when:
(A)
The voting members of the facility's organized medical staff vote to rescind the differentiating action; and
(B)
The facility's governing body reviews and approves the rescinding action of the organized medical staff.
(d)
Nothing in this section restricts a facility's ability to differentiate between physicians in medical staff privileging and credentialing based on a physician's maintenance of certification when:
(1)
The facility's designation under law or certification or accreditation by a national certifying or accrediting organization is contingent on the facility requiring a specific maintenance of certification by physicians seeking staff privileges or credentialing at the facility; and
(2)
The differentiation is limited to those physicians whose maintenance of certification is required for the facility's designation, certification, or accreditation as described by subdivision (d)(1).
(e)
Nothing in this section requires a facility's organized medical staff or governing body to reconsider or vote to reconsider maintenance of certification differentiation or requirements made prior to July 1, 2018.
Acts 2018 , ch. 694, § 3.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-243 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 42,s 2, eff. 3/14/2023.
Amended by 2019 Tenn. Acts, ch. 239, s 2, eff. 4/30/2019.
Acts 2018 , ch. 840, § 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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-245 - Notification of communication concerning additional information needed to process prior authorization request for patient

(a)
As used in this section:
(1)
"Communication" means written or electronic correspondence among a healthcare facility, health insurance entity, or provider concerning a prior authorization;
(2)
"Health insurance coverage" has the same meaning as defined in §
56-7-109
;
(3)
"Health insurance entity" means an entity subject to the insurance laws of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide health insurance coverage, including, but not limited to, an insurance company, a health maintenance organization, and a nonprofit hospital and medical service corporation;
(4)
"Healthcare facility":
(A)
Means an institution, place, or building providing healthcare services that is required to be licensed under this chapter; and
(B)
Excludes emergency room and in-patient services provided at a hospital as defined in §
68-11-201
;
(5)
"Healthcare service" means a service for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease;
(6)
"Minor" means an individual who has not attained eighteen (18) years of age;
(7)
"Policyholder" means an individual who has contracted with a health insurance entity for healthcare services coverage; and
(8)
"Provider" means an individual or entity performing services regulated pursuant to title 63 or this chapter, with whom the health insurance entity has an express and valid network provider agreement or contract.
(b)
Except as provided in subsection (d), a healthcare facility shall notify a patient of communication between the healthcare facility and a health insurance entity or provider concerning additional information needed to process a prior authorization request for the patient within five (5) business days after the communication has occurred. The notification must include a brief summary of the communication or a copy of the communication.
(c)
The healthcare facility shall notify the patient via electronic means, such as by email or through an online patient portal offered by the healthcare facility, unless the patient requests, in writing, an alternative notification method.
(d)
If the patient is a minor, then the healthcare facility must notify the policyholder whose health insurance coverage covers the minor.
(e)
This section does not apply to the TennCare program or a successor to the program provided for in the Medical Assistance Act of 1968, compiled in title 71, chapter 5, or to the CoverKids Act of 2006, compiled in title 71, chapter 3, part 11 or a successor program.
Added by 2022 Tenn. Acts, ch. 664, s 6, eff. 1/1/2023.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-247 - Provision of internal audits to executive director of health facilities commission

Notwithstanding another law, the department of health shall make available to the executive director of the health facilities commission all internal audits that pertain to the board for licensing healthcare facilities, the office of health care facilities, or the support staff of those entities, including, but not limited to, complaint investigations, surveying, human resources, or the office of general counsel.
Added by 2022 Tenn. Acts, ch. 1119,s 171, eff. 7/1/2022.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-248 - Visitation during end-of-life situations and presence of resident representative if disaster, emergency, or public health emergency for COVID-19 has been declared

(a)
As used in this section:
(1)
"COVID-19" means the novel coronavirus, SARS-CoV-2, and coronavirus disease 2019, commonly referred to as COVID-19, including any variant of SARS-CoV-2 or COVID-19;
(2)
"Family member" means a spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half-brother, half-sister, adopted child, or spouse's parent;
(3)
"Long-term care facility" means a nursing home or assisted-care living facility, as defined in §
68-11-201
; and
(4)
"Resident representative" means:
(A)
A family member or another individual, chosen by a resident of a long-term care facility to act on behalf of the resident in order to support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; or
(B)
A court-appointed guardian or conservator of a resident.
(b)
Notwithstanding another law to the contrary, during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, a long-term care facility must allow a resident to have visitors during end-of-life situations and shall not restrict a patient from having at least one (1) resident representative present in the facility so long as the resident representative:
(1)
Is not exhibiting symptoms of COVID-19 or another communicable disease;
(2)
Agrees to follow all safety protocols established by the long-term care facility, which must be clearly specified in writing and be no more restrictive than protocols applicable to staff of the facility; and
(3)
Would not by the representative's presence in the long-term care facility cause the facility to violate a federal or state law, rule, or guidance regulating that facility.
Added by 2022 Tenn. Acts, ch. 1123, s 1, eff. 7/1/2022.
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 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-250 - Health care equipment - Lessors

(a)
(1)
Health care equipment provided to a health care institution from lessors shall clearly state the name of the lessor and the date of the last inspection by the lessor.
(2)
The notice providing such information shall be prominently displayed on the health care equipment.
(b)
(1)
As used in this section, "health care equipment" means a single unit of medical equipment that is used to provide medical and other health services and that costs more than one thousand dollars ($1,000).
(2)
"Health care equipment" does not apply to equipment not directly related to patient care.
Acts 1991, ch. 100, § 1.