Controlling person: means :(A) A business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a temporary healthcare staffing agency. See Tennessee Code 68-11-2301
Fraud: Intentional deception resulting in injury to another.
Healthcare facility: means a nursing home or an assisted-care living facility as those terms are defined by §. See Tennessee Code 68-11-2301
Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
(1) Retain documentation that each direct care staff contracted with or employed by the agency meets all licensing, certification, training, and continuing education standards for the position in which the direct care staff will be working, in compliance with any federal, state, or local requirements;(2) In response to a request by a healthcare facility to whom direct care staff are supplied to work, provide documentation that each direct care staff meets the requirements of subdivision (a)(1);(3) Comply with all pertinent requirements relating to the health and other qualifications of personnel employed in a healthcare facility;(4) Carry an employee dishonesty bond in an amount not less than ten thousand dollars ($10,000) per occurrence;(5) Maintain coverage for workers’ compensation for all direct care staff; and(6) Retain all records for five (5) calendar years and make all records immediately available to the commission upon request.(b) A temporary healthcare staffing agency shall provide any records, unless otherwise privileged, pertinent to an investigation conducted by any of the following:
(1) A representative of adult protective services actively involved in the conduct of an investigation pursuant to title 71, chapter 6;(2) The department of health or its representatives, designees, or employees under § 68-11-117, in the same manner that a healthcare provider must make records available;(3) The health facilities commission if related to a violation of this part or any law or regulation of the board for licensing healthcare facilities relating to a healthcare facility with which the agency contracts; and(4) Any law enforcement agency conducting a criminal investigation, including, but not limited to, the medicaid fraud control unit.(c) No later than December 31, 2023, a temporary healthcare staffing agency presently doing business in this state shall provide notice to the health facilities commission identifying its business entity and any controlling person.
