[Effective Until 7/1/2024]

(a) The executive director has the authority to suspend the admission of any new patients or residents to any facility or licensee in those cases where the executive director has a factual basis upon which to believe that the conditions in any such facility or licensee are, or are likely to be, detrimental to the health, safety, or welfare of a patient or resident. For the purposes of this section, “facility or licensee” means any entity licensed under this part.

Terms Used In Tennessee Code 68-11-252

  • commission: means the health facilities commission created by §. See Tennessee Code 68-11-201
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the health facilities commission. 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
  • 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
(b) The executive director may suspend admissions pending a prompt hearing before the board, or an administrative judge if the board cannot be convened promptly.
(c) The executive director shall initiate a suspension of admissions by delivering to the facility or licensee a notice stating the executive director’s decision to suspend the admissions of new patients. The executive director’s notice to suspend admissions must:

(1) Detail what conditions are considered detrimental to the health, safety, or welfare of the patients;
(2) Provide an explanation of the specific time frame when and conditions under which the facility or licensee can reasonably expect the suspension to be lifted; and
(3) Be received by the facility or licensee within ten (10) business days of the conclusion of the commission‘s survey.
(d) Within ten (10) business days of the conclusion of the commission’s investigation, the commission shall also mail to the facility or licensee the executive director’s order, which shall:

(1) Detail the alleged facts and pertinent law with particularity; and
(2) Inform the facility or licensee of its right to contest the action.
(e) The executive director’s suspension of admissions shall take effect on the next calendar day following the order provided to the facility or licensee, as provided for in subsection (d).
(f) Any facility or licensee subject to a suspension of admissions by the executive director has the right to contest the factual or legal basis for a suspension of admission imposed against it through a prompt contested case hearing before the board, or an administrative judge if the board cannot be convened promptly.
(g) All contested cases pursuant to subsection (f) shall be conducted according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and shall be heard within thirty (30) days of the facility’s or licensee’s request for a contested case, unless otherwise agreed to by both parties.
(h) An order in all cases contesting a suspension of admissions shall be issued within ten (10) business days after the hearing contesting the suspension of admissions, regardless of whether the hearing is conducted before the board or an administrative judge. The order must determine whether the suspension of admissions was initially valid and whether conditions at the facility or licensee continue to be detrimental to the health, safety, or welfare of a patient or resident to justify the continuation of the suspension of admissions if not previously lifted.
(i) The executive director is authorized, at any time prior to a hearing, based on information presented to the executive director showing that such conditions have been and will continue to remain corrected, to revoke the suspension of admissions.
(j) Within ten (10) days of receiving the executive director’s order to suspend admissions, any facility or licensee for which admissions have been suspended pursuant to this section shall submit a corrective action plan to the board delineating the measures to be taken to address violations and associated time frames. If it is deemed by the board to be necessary to ensure the health, safety, and welfare of patients or residents, the executive director may require any facility or licensee for which admissions have been suspended to take all necessary actions to correct violations immediately. The board may also set a lesser time frame than ten (10) days for the facility or licensee to submit a corrective action plan when it deems necessary to ensure the health, safety, and welfare of residents.
(k) If the facility or licensee asserts that it has corrected the underlying conditions upon which the suspension of admissions is based, or if the facility or licensee complies with the conditions for the suspension to be lifted as set forth in the executive director’s order, the commission shall verify such corrections, after receiving notice and evidence of such corrections from the facility or licensee, within fourteen (14) business days unless waived by the facility or licensee.
(l) Unless other specific conditions exist that warrant an additional suspension or continuation of the suspension of admissions, the executive director shall promptly lift the suspension of admissions upon verification by the commission that the facility or licensee has corrected the underlying conditions upon which the suspension of admissions is based or complied with the conditions for the suspension to be lifted.
(m) The board has the authority to:

(1) Continue, revoke, or modify the suspension of admissions; and
(2) Enter such other orders as it deems necessary.
(n) For any suspension of admissions of a nursing home under this section that is accompanied by a civil penalty under part 8 of this chapter, part 8 of this chapter shall control to the extent there is a conflict.
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