Tenn. Comp. R. & Regs. 0720-30-.03 - DISCIPLINARY PROCEDURES
(1) The Board may
suspend or revoke a license for:
(a) Violation
of federal or state statutes;
(b)
Violation of rules as set forth in this chapter;
(c) Permitting, aiding or abetting the
commission of any illegal act by the agency;
(d) Conduct or practices found by the Board
to be detrimental to the health, safety, or welfare of the patients of the
agency;
(e) Failure to renew the
license; and
(f) Failure to comply
with survey document requests after three (3) written requests to the contact
person are made by a surveyor.
(2) The Board may consider all factors which
it deems relevant, including but not limited to the following, when determining
sanctions:
(a) The degree of sanctions
necessary to ensure immediate and continued compliance;
(b) The character and degree of impact of the
violation on the health, safety and welfare of the patient in the
agency.
(c) The conduct of the
agency in taking all feasible steps or procedures necessary or appropriate to
comply or correct the violation; and
(d) Any prior violations by the agency of
statutes, rules or orders of the Board.
(3) When an agency is found by the Department
to have committed a violation of this chapter, the Department will issue to the
agency a statement of deficiencies. Within ten (10) days of receipt of the
statement of deficiencies the agency must return a plan of correction
indicating the following:
(a) How the
deficiency will be corrected; and
(b) The date upon which each deficiency will
be corrected;
(4)
Reconsideration and Stays. The Board authorizes the member who chaired the
Board for a contested case to be the agency member to make the decisions
authorized pursuant to Rule 1360-04-01-.18 regarding petitions for
reconsiderations and stays in that case.
(5) When an agency contact person fails to
respond to the third written request for documentation from a surveyor, the
agency shall be subject to a civil monetary penalty ranging from five hundred
dollars ($500.00) to five thousand dollars ($5,000.00), and disciplinary action
up to revocation of the license. If the same violation has occurred within the
last twelve (12) months, the civil monetary penalty may be doubled.
Notes
Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-219, 4-5-312, 4-5-316, 4-5-317, 68-11-202, 68-11-204, 68-11-206 through 68-11-209, and 68-11-226.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The Board may suspend or revoke a license for:
(a) Violation of federal or state statutes;
(b) Violation of rules as set forth in this chapter;
(c) Permitting, aiding or abetting the commission of any illegal act by the agency;
(d) Conduct or practices found by the Board to be detrimental to the health, safety, or welfare of the patients of the agency;
(e) Failure to renew the license; and
(f) Failure to comply with survey document requests after three (3) written requests to the contact person are made by a surveyor.
(2) The Board may consider all factors which it deems relevant, including but not limited to the following, when determining sanctions:
(a) The degree of sanctions necessary to ensure immediate and continued compliance;
(b) The character and degree of impact of the violation on the health, safety and welfare of the patient in the agency.
(c) The conduct of the agency in taking all feasible steps or procedures necessary or appropriate to comply or correct the violation; and
(d) Any prior violations by the agency of statutes, rules or orders of the Board.
(3) When an agency is found by the Department to have committed a violation of this chapter, the Department will issue to the agency a statement of deficiencies. Within ten (10) days of receipt of the statement of deficiencies the agency must return a plan of correction indicating the following:
(a) How the deficiency will be corrected; and
(b) The date upon which each deficiency will be corrected;
(4) Reconsideration and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to Rule 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.
(5) When an agency contact person fails to respond to the third written request for documentation from a surveyor, the agency shall be subject to a civil monetary penalty ranging from five hundred dollars ($500.00) to five thousand dollars ($5,000.00), and disciplinary action up to revocation of the license. If the same violation has occurred within the last twelve (12) months, the civil monetary penalty may be doubled.
Notes
Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-219, 4-5-312, 4-5-316, 4-5-317, 68-11-202, 68-11-204, 68-11-206 through 68-11-209, and 68-11-226.