Tenn. Comp. R. & Regs. 0720-38-.02 - LICENSURE AND RENEWAL

(1) Licensure. An applicant for a TBI residential home license shall submit the following to the Board office:

(a) A completed application on a form approved by the Board;

(b) Nonrefundable application fee;

(c) The requirements contained in T.C.A. § 68-11-206(a)(1) and (2);

(d) Demonstration of the ability to meet the financial obligations of the TBI residential home with a financial statement prepared by a certified public accountant;

(e) A copy of a local business license (if one is required by the locality);

(f) A copy of any and all documents demonstrating the legal status of the business organization that owns the TBI residential home. If the applicant is a corporation or a limited liability company the applicant must submit a certificate of good standing;

(g) Proof of liability insurance; and

(h) Any other documents or information requested by the Board.

(2) Before a license is granted, the applicant shall cause to be submitted to the Board's administrative office directly from the vendor identified in the Board's licensure application materials, the result of a criminal background check.

(3) Before a license is granted, the applicant shall submit to an inspection conducted by Department of Health inspectors to ensure compliance with all applicable laws and rules.

(4) If the Board determines that a license for a TBI residential home shall not be granted, it shall notify the applicant. The decision of the board shall be final.

(5) The applicant shall not use subterfuge or other evasive means to obtain a license, such as filing for a license through a second party when an applicant has been denied a license or has had a license disciplined or has attempted to avoid the survey and review process.

(6) Renewal. TBI residential home licenses expire annually on the anniversary date of their original issuance and must be renewed by that date.

(a) In order to successfully renew a license, a licensee shall submit a completed renewal application with the applicable fee to the Board office. Department inspectors will periodically inspect each TBI residential home to determine its compliance with these rules and regulations. If the inspectors find deficiencies, the licensee shall submit an acceptable corrective action plan and shall remedy the deficiencies.

(b) Should the licensee fail to renew its license prior to the expiration date, yet within sixty (60) days after the expiration date, the licensee shall pay the licensure renewal fee and a late renewal penalty fee of one hundred dollars ($100.00) per month for each month or fraction of a month that renewal is late; provided that the late renewal penalty fee shall not exceed twice the licensure renewal fee.

(c) In the event that a licensee fails to renew its license within the sixty (60) day grace period following the license expiration date, the licensee shall reapply for a license by submitting the following to the Board office:

1. A completed application for licensure; and

2. The license fee provided in Rule 0720-38-.03(1).

(d) Upon reapplication, the licensee shall submit to an inspection of the TBI residential home by Department of Health inspectors.

(7) The Board shall issue a license only for the licensee and the location designated on the license application. If a TBI residential home moves to a new location, it shall obtain a new license and submit to an inspection of the new building before admitting residents.

(8) A separate license shall be required for each TBI residential home when more than one TBI residential home is operated by a TBI residential home provider.

(9) Change of Ownership.

(a) A change of ownership occurs whenever the ultimate legal authority for the responsibility of the TBI residential home's operation is transferred, including a change in the legal structure by which the TBI residential home is owned and operated and/or ownership of the preceding or succeeding entity changes.

(b) A licensee shall notify the Board's administrative office of a proposed change of ownership at least thirty (30) days prior to its occurrence by submitting the following to the Board office:

1. A completed change of ownership application on a form approved by the Board which includes all information required by Rule 0720-38-.02(1)(a);

2. Nonrefundable application fee;

3. Demonstration of ability to meet the financial obligations of the TBI residential home with a financial statement prepared by a certified public accountant;

4. A copy of a local business license (if one is required by the locality);

5. A copy of any and all documents demonstrating the formation of the business organization that owns the TBI residential home;

6. The bill of sale and/or closing documents indicating the transfer of operations of the business entity;

7. Comprehensive business plan for the first two years of operation;

8. Proof of liability insurance; and

9. Any other documents or information requested by the Board.

(c) Transactions constituting a change of ownership include, but are not limited to, the following:

1. Transfer of the TBI residential home's legal title;

2. Lease of the TBI residential home's operations;

3. Dissolution of any partnership that owns, or owns a controlling interest in, the TBI residential home;

4. The removal, addition or substitution of a partner;

5. Removal of the general partner or general partners, if the TBI residential home is owned by a limited partnership;

6. Merger of a TBI residential home owner (a corporation) into another corporation where, after the merger, the owner's shares of capital stock are canceled;

7. The consolidation of a corporate TBI residential home owner with one or more corporations; or

8. Transfers between levels of government.

(d) Transactions which do not constitute a change of ownership include, but are not limited to, the following:

1. Changes in the membership of a corporate board of directors or board of trustees;

2. Merger of two (2) or more corporations where one of the originally-licensed corporations survives;

3. Changes in the membership of a non-profit corporation;

4. Transfers between departments of the same level of government;

5. Corporate stock transfers or sales, even when a controlling interest;

6. Sale/lease-back agreements if the lease involves the TBI residential home' s entire real and personal property and if the identity of the lessee, who shall continue the operation, retains the same legal form as the former owner; or

7. Management agreements if the owner continues to retain ultimate authority for the operation of the TBI residential home; however, if the ultimate authority is surrendered and transferred from the owner to a new manager, then a change of ownership has occurred.

(10) Qualification and Training Requirements.

(a) Qualifications for a TBI residential home provider serving residents suffering from the effects of a traumatic brain injury.

1. A TBI residential home provider serving residents with traumatic brain injury shall hold national certification by the Academy of Certified Brain Injury Specialists as a Certified Brain Injury Specialist (CBIS) or hold a current license as a physician, nurse practitioner, registered nurse, licensed rehabilitation professional or licensed mental health professional trained and experienced in the care and rehabilitation of residents with traumatic brain injury, or shall employ an Administrator who meets the qualifications specified in Rule 0720-38-.02(11)(a) 2.

2. An Administrator for a TBI residential home serving residents with traumatic brain injury shall hold national certification by the Academy of Certified Brain Injury Specialists as a Certified Brain Injury Specialist (CBIS) or hold a current license as a physician, nurse practitioner, registered nurse, licensed rehabilitation professional or licensed mental health professional trained and experienced in the care and rehabilitation of residents with traumatic brain injury.

3. Staff members providing overnight care and/or supervision of residents in a TBI residential home shall hold national certification by the Academy of Certified Brain Injury Specialists as a Certified Brain Injury Specialist (CBIS) or hold a current license as a physician, nurse practitioner, registered nurse, licensed rehabilitation professional or licensed mental health professional trained and experienced in the care and rehabilitation of residents with traumatic brain injury and shall demonstrate competency in caring for persons with traumatic brain injury.

(b) Training. The TBI residential home provider is responsible for the supervision, training and overall conduct of the Administrator and TBI residential home staff as it relates to their job performance and responsibilities. The TBI residential home provider shall:

1. Train all staff to meet the routine and emergency needs of residents;

2. Orient all staff to the home including the location of any fire extinguishers; demonstration of evacuation procedures; location of residents' records; location of telephone numbers for the residents' physicians and other emergency contacts; location of medications and keys for medication cabinets, if applicable; instructions for caring for each resident; and delegation by a registered nurse for nursing tasks, if applicable.

3. Train the Administrator and TBI residential home staff on the health care tasks that can be administered through self-administration.

(11) Continuing Education.

(a) All TBI residential home providers and Administrators shall complete annually twelve (12) hours of continuing education related to the following topics:

1. Care of elderly persons;

2. Care of persons with disabilities;

3. Business operations of TBI residential homes; and

4. State rules and regulations for TBI residential homes.

(b) Continuing education hours offered by and/or approved by the Academy of Certified Brain Injury Specialists regarding care of elderly persons, care of persons with disabilities, and business operations of TBI residential homes will be accepted towards the twelve (12) hour continuing education requirement.

(12) The licensee shall immediately notify the Board's administrative office in the event of an absence or change of Administrator due to serious illness, incapacity, death or resignation of its named Administrator.

Notes

Tenn. Comp. R. & Regs. 0720-38-.02

Original rule filed October 28, 2015; effective January 26, 2016. Amendments filed March 26, 2019; effective June 24, 2019. Transferred from chapter 1200-08-37 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.

Authority: T.C.A. §§ 68-11-201, 68-11-202, 68-11-206, 68-11-209, 68-11-210, 68-11-270, and 68-11273.