If a resident appeals the facility’s notice of involuntary discharge to that resident and a hearing is requested pursuant to 42 C.F.R. § 431.220(a)(3) before the bureau of TennCare:

(1) The hearing shall be conducted and a final order rendered within ninety (90) days from the date of the resident’s appeal of the facility’s involuntary discharge notice;

Terms Used In Tennessee Code 71-5-1423

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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
(2) The timeframe specified in subdivision (1) may be extended or continued with the consent of both the facility and the resident; and
(3) The timeframe specified in subdivision (1) may be extended by the presiding administrative law judge without the consent of the facility, but only after a showing by the resident, or the resident’s representative, that the resident faces a substantial threat of irreparable damage or injury if a continuance is not granted.
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