Tenn. Comp. R. & Regs. 1020-01-.14 - 107(e) ADMINISTRATOR REVIEW

Any licensee who has engaged in the practice of nursing home administration in a facility reported by the Commissioner of the Department of Health pursuant to T.C.A. §§ 68-11-201, et seq., and 63-16-107(e) for the year immediately preceding the reporting shall be subject to the following review process:

(1) All administrators shall be required to complete and document a Board approved questionnaire. Said questionnaire shall be considered part of the information required for review pertaining to the quality of care rendered at the administrator's facility pursuant to T.C.A. § 63-16-107(e).

(2) The Board Consultant is authorized to take the following actions regarding the administrators to be reviewed pursuant to T.C.A. § 63-16-107(e). However, all final actions shall be submitted to the full Board for approval.

(a) Review all documents compiled by the agencies.

(b) Recommend that an "affirmative finding" be made as to any administrator reviewed.

(c) Recommend that "no affirmative finding" be made as to any administrator reviewed.

(d) Propose a course of action to be taken by an administrator who receives a negative finding recommendation which, if taken, would result in a recommendation of an "affirmative finding".

(e) Recommend disciplinary action be instituted and any terms which would be acceptable to reach an informal or negotiated settlement in lieu of a contested case.

(3) The Board shall review the Board Consultant's recommendations for "affirmative findings" and, if approved, a notice of the Board action shall be sent to the administrator involved.

(4) The Board shall not consider the Board Consultant's recommendations other than "affirmative findings" until such time as all legal requirements or obligations are met as to those recommendations which might result in a contested case hearing before the Board.

(5) The Board Consultant is authorized to do any of the following acts in an effort to resolve any of the cases under review:

(a) Authorize the issuance of an "affirmative finding" in those cases in which the administrator has acted in a manner consistent with the policy statement of rule 1020-01-.16(1);

(b) Make direct contact with any administrator under review for purposes of issue clarification after first notifying the administrator of the right to consult with an attorney; or

(c) Recommend that an administrator, for whom an "affirmative finding" could not be made, obtain continuing or additional education or training in specific areas within a specific amount of time in an effort to justify the issuance of an "affirmative finding" or an Agreed Order thereby informally or otherwise settling the matter. Any education completed under this subparagraph shall not be included as part of the annual continuing education hours required by rule 1020-01-.12.

(6) Upon all legal requirements and obligations being met and a recommendation from the Board Consultant that an "affirmative finding" cannot be made, a notice of that recommendation shall be sent to the administrator involved. He shall also be notified of any and all rights available to him for review of that recommendation before the Board.

(a) lf the administrator does not pursue his review rights within thirty (30) days of receipt of notice thereof the matter will be referred to the board for approval of the recommendation at which time it shall become a final action of the board.

(b) lf an administrator requests a hearing pursuant to subparagraph (6)(a) a Notice of Hearing shall be issued alleging the facts and violations of the Nursing Home Administrator's Practice Act and the fact that disciplinary actions may be taken when the matter is addressed as a contested case hearing.

(7) Administrators subject to review shall not be allowed to renew their licenses until one of the following has occurred:

(a) An "affirmative finding" letter has been authorized by the Board; or

(b) Any requested contested case hearing is concluded subject to the provisions of T.C.A.

§ 4-5-320.

(8) Any administrator who by final action of the Board has not been allowed to renew licensure pursuant to this rule may not engage in the practice of nursing home administration at any time until complying with all statutes and rules governing initial licensure. The Board may consider the action taken under this rule in determining whether the person is qualified for licensure.

Notes

Tenn. Comp. R. & Regs. 1020-01-.14

Original rule certified June 7, 1974. Amendment filed May 22, 1979; effective July 6, 1979. Amendment by Public Chapter 969; effective July 1, 1984. Amendment filed October 22, 1987; effective December 6, 1987. Amendment filed January 4, 1989; effective February 18, 1989. Amendment filed July 19, 1990; effective September 2, 1990. Amendment filed February 21, 1991; effective April 7, 1991. Repeal and new rule filed December 17, 1991; effective January 31, 1992. Repeal and new rule filed December 14, 1999; effective February 27, 2000.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-16-103, 63-16-103(4), 63-16-103(5), 63-16-103(8), 63-16-107, and 63-16-107(e).