(a) Any order under the authority of § 68-11-828 that divests the assets of the nursing home resident protection trust shall give to the executive director of the health facilities commission, as trustee, a right of action to recover any moneys paid out of the fund against the property of any person or organization who was legally liable for these expenditures.

Terms Used In Tennessee Code 68-11-829

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Trustee: A person or institution holding and administering property in trust.
(b) The action may be brought in the same court in which the other proceedings are pending or in any court having personal jurisdiction over the defendant.
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