(a) As used in this section:

Terms Used In Tennessee Code 68-11-248

  • Assisted-care living facility: means a facility, building, establishment, complex or distinct part thereof that accepts primarily aged persons for domiciliary care and services as described in this section. See Tennessee Code 68-11-201
  • Facility: means any institution, place or building providing health care services that is required to be licensed under this chapter. See Tennessee Code 68-11-201
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Nursing home: means any institution, place, building or agency represented and held out to the general public for the express or implied purpose of providing care for one (1) or more nonrelated persons who are not acutely ill, but who do require skilled nursing care and related medical services. See Tennessee Code 68-11-201
  • Patient: includes , but is not limited to, any person who is suffering from an acute or chronic illness or injury or who is crippled, convalescent or infirm, or who is in need of obstetrical, surgical, medical, nursing or supervisory care. See Tennessee Code 68-11-201
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) “COVID-19” means the novel coronavirus, SARS-CoV-2, and coronavirus disease 2019, commonly referred to as COVID-19, including any variant of SARS-CoV-2 or COVID-19;
(2) “Family member” means a spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half-brother, half-sister, adopted child, or spouse’s parent;
(3) “Long-term care facility” means a nursing home or assisted-care living facility, as defined in § 68-11-201; and
(4) “Resident representative” means:

(A) A family member or another individual, chosen by a resident of a long-term care facility to act on behalf of the resident in order to support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; or
(B) A court-appointed guardian or conservator of a resident.
(b) Notwithstanding another law to the contrary, during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, a long-term care facility must allow a resident to have visitors during end-of-life situations and shall not restrict a patient from having at least one (1) resident representative present in the facility so long as the resident representative:

(1) Is not exhibiting symptoms of COVID-19 or another communicable disease;
(2) Agrees to follow all safety protocols established by the long-term care facility, which must be clearly specified in writing and be no more restrictive than protocols applicable to staff of the facility; and
(3) Would not by the representative’s presence in the long-term care facility cause the facility to violate a federal or state law, rule, or guidance regulating that facility.
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