Part 1 General Provisions 40-28-101 – 40-28-129
Part 2 Contributions by Parolees, Probationers and Employed Releasees 40-28-201 – 40-28-205
Part 3 Community Supervision 40-28-301 – 40-28-306
Part 4 Supervision of Adult Offenders 40-28-401 – 40-28-403
Part 5 Open Parole Hearings Act 40-28-501 – 40-28-505
Part 6 Probation and Parole 40-28-601 – 40-28-610

Terms Used In Tennessee Code > Title 40 > Chapter 28

  • Abuse or neglect: means the infliction of physical pain, injury, or mental anguish, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult or a situation in which an adult is unable to provide or obtain the services that are necessary to maintain that person's health or welfare. See Tennessee Code 71-6-102
  • Account: means an account established by. See Tennessee Code 71-4-803
  • Account: means the nursing home assessment trust fund created under this part. See Tennessee Code 71-5-1001
  • Adult: means a person eighteen (18) years of age or older who because of mental or physical dysfunctioning or advanced age is unable to manage such person's own resources, carry out the activities of daily living, or protect such person from neglect, hazardous or abusive situations without assistance from others and who has no available, willing, and responsibly able person for assistance and who may be in need of protective services. See Tennessee Code 71-6-102
  • Adult emergency dental services: means dental services for individuals twenty-one (21) years of age and older to treat a dental condition that manifests itself by symptoms of sufficient severity, including severe pain, infection or trauma, that:

    • (A) A prudent layperson who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate dental attention to potentially result in:

      • (i) Placing the person's, or with respect to a pregnant woman, her unborn child's, health in jeopardy. See Tennessee Code 71-5-103

      • Advanced age: means sixty (60) years of age or older. See Tennessee Code 71-6-102
      • Adventure tourism: means outdoor recreational opportunities such as equine and motorized trail riding, white water rafting and kayaking, rappelling, road biking, rock climbing, hang-gliding, spelunking, shooting sports, mountain biking, canoeing, paragliding, rowing, zip lining and other such activities. See Tennessee Code 11-11-203
      • Adventure tourism district: means a defined geographic area identified and authorized by a two-thirds (?) vote of a local governing body and approved by the department and the department of environment and conservation as an area where the promotion of adventure tourism is encouraged. See Tennessee Code 11-11-203
      • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
      • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
      • Agriculture: means :

        • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

        • Allegation: something that someone says happened.
        • Ambulance provider: means a public or private ground-based ambulatory service, other than an ambulance service based on federal property, that bills for transports and has a base of operations within the state. See Tennessee Code 71-5-1502
        • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
        • Annual coverage assessment: means the annual assessment imposed on covered hospitals as set forth in this part. See Tennessee Code 71-5-2002
        • Annual coverage assessment base: means a covered hospital's net patient revenue as shown in its medicare cost report for its fiscal year that ended during calendar year 2016, on file with CMS as of September 30, 2018, subject to the following qualifications:

          • (A) If a covered hospital does not have a full twelve-month medicare cost report for 2016 on file with CMS but has a full twelve-month cost report for a subsequent year, then the first full twelve-month medicare cost report for a year following 2016 on file with CMS is the annual coverage assessment base. See Tennessee Code 71-5-2002

          • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
          • 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.
          • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
          • Applicant: means any person who has applied for benefits under this part. See Tennessee Code 71-5-103
          • Applicant: means any person who has applied for benefits under this part. See Tennessee Code 71-5-303
          • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
          • Area manager: means the director or manager of the county or area office of the department of human services. See Tennessee Code 71-5-303
          • Arrest: Taking physical custody of a person by lawful authority.
          • Assessment: means the medicaid ambulance provider assessment established by this part. See Tennessee Code 71-5-1502
          • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
          • Assistance: means money payments made to or in behalf of blind persons in need, or medical care, or both, including hospitalization, outpatient care and treatment, nursing home care, drugs or any other type of remedial care recognized under state law in behalf of blind persons in need, but does not include subdivisions (1)(A)-(1)(D) unless the Social Security Act (42 U. See Tennessee Code 71-4-102
          • Assistance: means money payments made to or in behalf of totally disabled persons in need, or medical care, or both, including hospitalization, outpatient care and treatment, nursing home care, drugs or any other type of remedial care recognized under state law in behalf of permanently and totally disabled persons in need, but does not include subdivisions (1)(A)-(1)(D) unless the federal Social Security Act (42 U. See Tennessee Code 71-4-1102
          • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
          • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
          • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
          • Benefits: means the health care package of services available to TennCare enrollees. See Tennessee Code 71-5-2503
          • Best interests of the state: means a determination by the commissioner of revenue, with approval by the commissioner of tourist development, that:

            • (A) The qualified business enterprise or enterprises made within or adjacent to an adventure tourism district is a result of the special allocation and tax credits provided for in §. See Tennessee Code 11-11-203

            • Blind: means an individual or class of individuals whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle no greater than twenty degrees (20°). See Tennessee Code 71-4-702
            • Blind individual: means any person who meets the requirements for services through the business enterprise program for the blind under part 4 of this chapter and who has been trained and licensed by the department to operate a vending facility under the program's requirements. See Tennessee Code 71-4-502
            • Blind individual: means any person whose visual acuity with maximum correction does not exceed 20/200 in the better eye, except that in those instances in which the visual acuity exceeds 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees (20°), visual acuity is not a factor limiting eligibility. See Tennessee Code 71-4-602
            • Board: means the board of parole. See Tennessee Code 40-28-102
            • Board: means the board of parole. See Tennessee Code 40-28-102
            • Budget allowance: means the amount of money that can be directed, utilizing the services of a fiscal intermediary, by a medicaid-eligible long-term care member participating in this consumer-directed care option, to pay for home and community-based long-term care services defined under the medicaid state plan or any federal waivers or amendments thereto that are necessary to meet the member's long-term care needs and to delay or prevent institutionalization. See Tennessee Code 71-5-1403
            • Bureau: means the bureau of TennCare. See Tennessee Code 71-5-1502
            • Bureau: means the bureau of TennCare. See Tennessee Code 71-5-2002
            • Bureau: means the bureau of TennCare. See Tennessee Code 71-5-1001
            • Canoeing: means the use of canoe for navigation of waterways. See Tennessee Code 11-11-203
            • Capacity to consent: means the mental ability to make a rational decision, which includes the ability to perceive, appreciate all relevant facts and to reach a rational judgment upon such facts. See Tennessee Code 71-6-102
            • Central nonprofit agency: means the agency designated by the committee to facilitate the distribution, by direct allocation, subcontract or any other means, of orders from state government for commodities and services on the procurement list among the work centers for the blind, agencies serving individuals with severe disabilities, and other entities, and to assist the committee in administering the program described under this part. See Tennessee Code 71-4-702
            • Chambers: A judge's office.
            • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
            • Chief supervision officer: means the correctional administrator for each region of the state or any other person designated by the commissioner. See Tennessee Code 40-28-301
            • Child abuse prevention services: means those services designed to prevent the occurrence of child abuse and neglect. See Tennessee Code 71-6-202
            • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
            • CMS: means the federal centers for medicare and medicaid services. See Tennessee Code 71-5-2002
            • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
            • Code: means § 529A of the Internal Revenue Code of 1986 (26 U. See Tennessee Code 71-4-803
            • Commissioner: means the commissioner of finance and administration or the commissioner's designee. See Tennessee Code 71-5-1403
            • Commissioner: means the commissioner of correction. See Tennessee Code 40-28-102
            • Commissioner: means the commissioner of environment and conservation. See Tennessee Code 11-11-103
            • Commissioner: means the commissioner of finance and administration. See Tennessee Code 71-5-2503
            • Commissioner: means the commissioner of correction. See Tennessee Code 40-28-102
            • Commissioner: means the commissioner of human services. See Tennessee Code 71-6-102
            • Commissioner: means the commissioner of human services. See Tennessee Code 71-4-602
            • Commissioner: means the commissioner of human services. See Tennessee Code 71-5-303
            • Committee: means the advisory committee for purchase from the blind and other severely disabled, created by §. See Tennessee Code 71-4-702
            • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
            • Community supervision: means :

              • (i) The placement of a defendant on probation by a court for a specified period during which the sentence is suspended in whole or in part. See Tennessee Code 40-28-301

              • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
              • Continuance: Putting off of a hearing ot trial until a later time.
              • Continuing care retirement community: means an entity or organization that offers on a single campus setting a continuum of services and facilities for each resident including single and congregate dwellings, assisted living units, and nursing facility services, pursuant to a contract between a resident and a provider by which the resident pays a fee for the right to occupy a space in a designated facility and to receive continuing care for life. See Tennessee Code 71-5-1001
              • Contract: A legal written agreement that becomes binding when signed.
              • Contracting state: means a state without a qualified ABLE program that has entered into a contract with a state with a qualified ABLE program to provide residents of the contracting state access to a qualified ABLE program. See Tennessee Code 71-4-803
              • control: means indirect or direct ownership of ten percent (10%) or more of a covered hospital. See Tennessee Code 71-5-2002
              • Controlling person: means a person who, by ownership, contract, or otherwise, has the authority to control the business operations of a covered hospital. See Tennessee Code 71-5-2002
              • Conviction: A judgement of guilt against a criminal defendant.
              • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
              • Cost-effective: means that the total cost of services provided to an eligible elderly or physically disabled adult in the home or other community-based setting does not exceed the cost of reimbursement for institutional care in a nursing facility. See Tennessee Code 71-5-1403
              • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
              • County office: means the county office of the state department of human services in the county wherein the applicant resides. See Tennessee Code 71-5-103
              • County office: means the county office of the department of human services in the county where the applicant or recipient resides and in which county a food stamp program is currently in operation. See Tennessee Code 71-5-303
              • Court: means a court of record having original criminal jurisdiction. See Tennessee Code 40-28-301
              • Covered hospital: means a hospital licensed under title 33 or title 68, as of July 1, 2019, but does not include an excluded hospital. See Tennessee Code 71-5-2002
              • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
              • Decedent: A deceased person.
              • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
              • Department: means the department of correction. See Tennessee Code 40-28-102
              • Department: means the department of finance and administration. See Tennessee Code 71-5-2503
              • Department: means the department of correction. See Tennessee Code 40-28-102
              • Department: means the department of human services. See Tennessee Code 71-6-102
              • Department: means the department of finance and administration. See Tennessee Code 71-6-302
              • Department: means the department of tourist development. See Tennessee Code 11-11-203
              • Department: means the department of human services. See Tennessee Code 71-4-102
              • Department: means the department of human services or its successor that has been designated under the Randolph-Sheppard Act (20 U. See Tennessee Code 71-4-502
              • Department: means the department of human services. See Tennessee Code 71-4-602
              • Department: means the department of human services. See Tennessee Code 71-4-1102
              • Department: means the department of health. See Tennessee Code 71-5-103
              • Department: means the department of human services. See Tennessee Code 71-5-303
              • Department: means the department of finance and administration. See Tennessee Code 71-5-501
              • Dependent: A person dependent for support upon another.
              • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
              • Designated beneficiary: means the eligible individual who has established and owns an ABLE account, and for whose benefit the account has been established. See Tennessee Code 71-4-803
              • Director: means the director of the division of services for the blind. See Tennessee Code 71-4-602
              • Disability certification: means a certification acceptable to the United States department of treasury made by the eligible individual or the eligible individual's parent or guardian certifying that the eligible individual has a medically determinable physical or mental impairment that results in marked and severe functional limitations and that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months, or is blind within the meaning of § 1614(a)(2) of the Social Security Act (42 U. See Tennessee Code 71-4-803
              • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
              • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
              • Division: means the division of services for the blind in the department of human services. See Tennessee Code 71-4-602
              • Division: means the division of vocational rehabilitation of the department of human services. See Tennessee Code 71-4-1201
              • Docket: A log containing brief entries of court proceedings.
              • Donor: The person who makes a gift.
              • Eligible individual: means an individual who is entitled to benefits based on blindness or disability under title II or XVI of the Social Security Act (42 U. See Tennessee Code 71-4-803
              • Employed: means engaged in activity of thirty (30) or more hours per week for which the individual receives remuneration at a rate not less than the federal minimum wage. See Tennessee Code 71-4-1201
              • Enrollee: means an individual eligible for and enrolled in the TennCare program or in any successor medicaid program in Tennessee. See Tennessee Code 71-5-2503
              • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
              • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
              • 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.
              • Ex officio: Literally, by virtue of one's office.
              • Excluded hospital: means :

                • (A) A hospital that has been designated by CMS as a critical access hospital as of July 1, 2019. See Tennessee Code 71-5-2002

                • Executive director: means the officer employed by the board as the chief administrative officer of the agency. See Tennessee Code 40-28-102
                • Executive director: means the officer employed by the board as the chief administrative officer of the agency. See Tennessee Code 40-28-102
                • Exploitation: means the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult. See Tennessee Code 71-6-102
                • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
                • Family member: means an individual's parent, grandparent, sibling, child, spouse, spouse's parent, spouse's grandparent, spouse's sibling or spouse's child. See Tennessee Code 71-4-1201
                • Family or household member: means those persons who customarily reside in the household and who are in need of temporary shelter because their lives or welfare are in danger. See Tennessee Code 71-6-202
                • Family violence: means causing or attempting to cause bodily injury to a family or household member or placing a family or household member in fear of imminent physical harm by threat of force, regardless of age or mental functioning. See Tennessee Code 71-6-202
                • Felony: A crime carrying a penalty of more than a year in prison.
                • Fiduciary: A trustee, executor, or administrator.
                • Fiscal intermediary: means an entity with whom the commissioner or a contractor responsible for the coordination of medicaid primary, acute and long-term care services has contracted to help a member participating in this consumer-directed care option manage the member's budget allowance. See Tennessee Code 71-5-1403
                • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
                • food assistance: means food stamp coupons, free food stamps or food purchase assistance that is issued or transferred by means of food coupons, food stamps, electronic benefits transfer processes or other means as determined by the department to an eligible household or low-income family pursuant to this part. See Tennessee Code 71-5-303
                • food stamps: means obligations of the United States government issued or transferred by means of food coupons or food stamps to enable the purchase of food for the eligible household. See Tennessee Code 71-5-303
                • Fraud: Intentional deception resulting in injury to another.
                • Fraud: means an intentional deception or misrepresentation made by a person including, but not limited to, a vendor, recipient, provider, or enrollee, with the knowledge that the deception or misrepresentation could result in some unauthorized benefit or payment to oneself or some other person. See Tennessee Code 71-5-2503
                • Fund: as used in this part shall mean the nursing home assessment trust fund created under this part. See Tennessee Code 71-5-1001
                • Funeral and burial expenses: includes , but is not limited to, the cost of preparing the body for burial or other disposition, the funeral service, any funeral merchandise, flowers, honoraria, acknowledgment cards, postage, transporting the body to the place of burial or disposition, the burial space, crypt, mausoleum or other final resting place, the opening and closing thereof and any marker. See Tennessee Code 1-3-105
                • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
                • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
                • Graduated sanction: means any of a wide range of non-prison offender accountability measures and programs, including, but not limited to, electronic supervision tools. See Tennessee Code 40-28-301
                • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
                • 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.
                • Hang-gliding: means an air sport in which a pilot flies a light and un-motorized aircraft launched by foot. See Tennessee Code 11-11-203
                • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
                • Imminent danger: means conditions calculated to and capable of producing within a relatively short period of time a reasonable probability of resultant irreparable physical or mental harm or the cessation of life, or both, if such conditions are not removed or alleviated. See Tennessee Code 71-6-102
                • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
                • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
                • Individuals with severe disabilities: means an individual or class of individuals with a physical or mental disability other than blindness, which, according to criteria established by rules approved by the committee for purchase from the blind and other severely disabled, after consultation with appropriate entities of the state and taking into account the views of nongovernmental entities representing the disabled, constitutes a substantial impediment to employment and is of such a nature to prevent the individual with such a disability from currently engaging in regular competitive employment. See Tennessee Code 71-4-702
                • Inspector general: means the person who directs the office of inspector general, who shall report directly to the commissioner of finance and administration. See Tennessee Code 71-5-2503
                • Integrated settings: means a setting typically found in the community in which applicants or eligible individuals interact with nondisabled individuals, other than nondisabled individuals who are providing services to those applicants or eligible individuals, to the same extent that nondisabled individuals in comparable positions interact with other persons. See Tennessee Code 71-4-702
                • Investigation: includes , but is not limited to, a personal interview with the individual reported to be abused, neglected, or exploited. See Tennessee Code 71-6-102
                • Joint resolution: A legislative measure which requires the approval of both chambers.
                • 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.
                • Kayaking: means the use of a kayak for navigation of waterways. See Tennessee Code 11-11-203
                • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
                • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
                • Legal representative: means an individual who or entity that can act on behalf of an eligible individual for the purpose of establishing, maintaining, transacting, and terminating an account, including, but not limited to, a parent, conservator, guardian, custodian, fiduciary, trustee, or individual or entity with a power of attorney. See Tennessee Code 71-4-803
                • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
                • Lien: A claim against real or personal property in satisfaction of a debt.
                • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
                • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
                • Local governing body: means the elected legislative body of a municipal, metropolitan or county government. See Tennessee Code 11-11-203
                • Maintenance: means the provision of money on behalf of a blind individual with employment barriers to cover the necessary living expenses, and health and maintenance essential to achieving the individual's vocational rehabilitation. See Tennessee Code 71-4-602
                • Medicaid transport: means ground ambulance services specified in the Healthcare Common Procedure Coding System (HCPCS) under codes A0225, A0426, A0427, A0428, A0429, A0433, and A0434, and paid by medicaid, as recorded by the managed care organization under contract to the bureau. See Tennessee Code 71-5-1502
                • Medical assistance: means payment of the cost of care, services and supplies necessary to prevent, diagnose, correct or cure conditions in the person that cause acute suffering, endanger life, result in illness or infirmity, interfere with the person's capacity for normal activity, or threaten some significant disability and which are furnished an eligible person in accordance with the rules, regulations, and statutes governing TennCare. See Tennessee Code 71-5-2503
                • Medical assistance: means payment of the cost of care, services and supplies necessary to prevent, diagnose, correct or cure conditions in the person that cause acute suffering, endanger life, result in illness or infirmity, interfere with the person's capacity for normal activity, or threaten some significant handicap and that are furnished an eligible person in accordance with this part and the rules and regulations of the department. See Tennessee Code 71-5-103
                • Medically needy: means a class or classes of persons whose present income and financial assets are not sufficient to meet their present liabilities for health costs. See Tennessee Code 71-5-103
                • Medicare cost report: means CMS-2552-10 or a subsequent form adopted by CMS for medicare cost reporting, the cost report for electronic filing of hospitals, for the period applicable as set forth in this section. See Tennessee Code 71-5-2002
                • MFCU: means the medicaid fraud control unit. See Tennessee Code 71-5-2503
                • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
                • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
                • Mobile dental services: means an intact comprehensive dental services unit operated on-site at a long-term care facility, interfacing with the facility's common electrical and water sources. See Tennessee Code 71-5-103
                • Month: means a calendar month. See Tennessee Code 1-3-105
                • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
                • Motorized trail riding: means the exploration of trails and natural areas by use of all-terrain vehicles. See Tennessee Code 11-11-203
                • Mountain biking: means the exploration of trails and natural areas by the use of bicycles. See Tennessee Code 11-11-203
                • Net patient service revenue: means gross inpatient revenues from services provided to nursing home patients less reductions from gross inpatient revenue resulting from an inability to collect payment of charges. See Tennessee Code 71-5-1001
                • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
                • Nonprofit: when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under § 101(6) of the Internal Revenue Code (26 U. See Tennessee Code 71-4-602
                • Notification: as used in this part , may include telephone, facsimile and internet communications. See Tennessee Code 40-28-102
                • Nursing facility: means any entity defined as a nursing home under §. See Tennessee Code 71-5-1001
                • Oath: includes affirmation. See Tennessee Code 1-3-105
                • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
                • Office of emergency medical services: means the office of emergency medical services within the department of health. See Tennessee Code 71-5-1502
                • Ophthalmologist: means a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye. See Tennessee Code 71-4-102
                • Optometrist: means any person licensed to practice optometry in this state and holding a current certificate of registration. See Tennessee Code 71-4-102
                • Oversight: Committee review of the activities of a Federal agency or program.
                • Paragliding: means the air sport in which a pilot flies a light motorized aircraft that uses a parachute to stay airborne. See Tennessee Code 11-11-203
                • Parole: means the release of a prisoner to the community by the board prior to the expiration of the prisoner's term subject to conditions imposed by the board and to supervision by the department, or when a court or other authority has issued a warrant against the prisoner and the board, in its discretion, has released the prisoner to answer the warrant of the court or authority. See Tennessee Code 40-28-102
                • Parole: means the release of a prisoner to the community by the board prior to the expiration of the prisoner's term subject to conditions imposed by the board and to supervision by the department, or when a court or other authority has issued a warrant against the prisoner and the board, in its discretion, has released the prisoner to answer the warrant of the court or authority. See Tennessee Code 40-28-102
                • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
                • Permanently and totally disabled: means that the individual has been determined to have a permanent physical or mental impairment, disease or loss that substantially precludes the individual from engaging in useful occupations within the individual's competence, such as holding a job or homemaking. See Tennessee Code 71-4-1102
                • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
                • Person: means an individual, association, corporation, trust, charitable organization, or other such entity. See Tennessee Code 71-4-803
                • Personal care assistance services: means services rendered at least five (5) days a week at the times of day that are required by an individual with a severe physical disability to become physically independent in connection with actual employment. See Tennessee Code 71-4-1201
                • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
                • Personal 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
                • Physical restoration: includes :

                  • (A) Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that is stable or slowly progressive and that constitutes a substantial barrier to employment, or that necessitates institutional care or attendant care, but that is of such a nature that such correction or modification may reasonably be expected to eliminate or substantially reduce such barrier within a reasonable length of time, and includes psychiatric treatment, dentistry, physical therapy, occupational therapy, speech or hearing therapy, treatment of medical complications and emergencies that are associated with or arise out of physical restoration services or are inherent in the conditions under treatment, and other medical services related to rehabilitation. See Tennessee Code 71-4-602

                  • Plaintiff: The person who files the complaint in a civil lawsuit.
                  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
                  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
                  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
                  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
                  • Priority: means the right of the department to establish on any public property a vending facility to be operated by a blind individual. See Tennessee Code 71-4-502
                  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
                  • Probate: Proving a will
                  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
                  • Probation and parole officer: means a probation and parole officer employed by the department. See Tennessee Code 40-28-102
                  • Probation and parole officer: means a person appointed or employed by the department to supervise individuals placed on community supervision. See Tennessee Code 40-28-301
                  • program: means the ABLE program that is a qualified program pursuant to and in compliance with the code, and that is created pursuant to this part. See Tennessee Code 71-4-803
                  • Property: includes both personal and real property. See Tennessee Code 1-3-105
                  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
                  • Protective services: means services undertaken by the department with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. See Tennessee Code 71-6-102
                  • Provider: means an institution, facility, agency, person, corporation, partnership, unincorporated organization, nonprofit organization or any person or entity directly or indirectly providing benefits, goods or services to a TennCare enrollee. See Tennessee Code 71-5-2503
                  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
                  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
                  • Public property: means all property owned or leased by the state of Tennessee, any county, municipality, or any other entity that is created by act of the general assembly to perform any public function. See Tennessee Code 71-4-502
                  • Qualified disability expenses: means any expenses related to the eligible individual's blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary. See Tennessee Code 71-4-803
                  • Qualified entity: means an entity with which the commissioner has contracted to assess the needs of persons determined medically eligible for long-term care services and to develop care plans to address their identified needs. See Tennessee Code 71-5-1403
                  • Quorum: The number of legislators that must be present to do business.
                  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
                  • Rebalance: means reaching a more equitable balance between the proportion of medicaid long-term care expenditures used for institutional, i. See Tennessee Code 71-5-1403
                  • Recipient: means any person who has been determined eligible to receive benefits under part 1 of this chapter, and who has received such benefits. See Tennessee Code 71-5-2503
                  • Recipient: means a person who was receiving aid to the blind benefits during the month of December, 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally provided supplemental security income benefits. See Tennessee Code 71-4-102
                  • Recipient: means a person who was receiving aid to the permanently and totally disabled benefits during the month of December, 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally provided supplemental security income benefits. See Tennessee Code 71-4-1102
                  • Recipient: means any person who has been determined eligible to receive benefits under this part and who has received such benefits. See Tennessee Code 71-5-103
                  • Recipient: means any person who has been determined to be eligible to receive benefits under this part and who has received such benefits. See Tennessee Code 71-5-303
                  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
                  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
                  • Regional director: means the director of a region under chapter 1, part 1 of this title. See Tennessee Code 71-4-102
                  • Regional director: means the director of a region, or a designated agent in a county office, under chapter 1, part 1, of this title. See Tennessee Code 71-4-1102
                  • Rehabilitation facility: means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals:

                    • (A) That provides one (1) or more of the following types of services:

                      • (i) Testing, fitting, or training in the use of prosthetic devices. See Tennessee Code 71-4-602

                      • Relative: means spouse. See Tennessee Code 71-6-102
                      • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
                      • Remunerative occupation: includes employment as an employee or self-employed, practice of a profession, homemaking or farm and family work for which payment is in kind rather than cash, sheltered employment, and home industry or other homebound work of a remunerative nature. See Tennessee Code 71-4-602
                      • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
                      • 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
                      • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
                      • Resident: means any individual who is living within the state, with the intent that such person's permanent home be within the state, and not temporarily. See Tennessee Code 71-5-103
                      • Resident day: means a calendar day of care provided to a nursing home resident, including the day of admission and excluding the day of discharge. See Tennessee Code 71-5-1001
                      • Responsible parties: means the following representatives and relatives of recipients of medical assistance pursuant to this part who are not financially eligible to receive benefits under this part: parents, spouses, children, and guardians. See Tennessee Code 71-5-103
                      • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
                      • Road biking: means both noncompetitive and competitive bicycling events that take place on improved roads. See Tennessee Code 11-11-203
                      • Rock climbing: means the recreational sport of climbing up or across natural rock formations. See Tennessee Code 11-11-203
                      • Rowing: means the propelling of a boat by means of oars. See Tennessee Code 11-11-203
                      • Service of process: The service of writs or summonses to the appropriate party.
                      • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
                      • Severe physical disability: means a functional loss of both arms and both legs, when it is anticipated that the loss will be permanent. See Tennessee Code 71-4-1201
                      • Sexual assault: includes victims of any of the sexual offenses set out in §. See Tennessee Code 71-6-302
                      • Sexual assault crisis intervention: includes , but is not limited to:

                        • (A) A 24-hour hotline for victims of sexual assault staffed by a trained person. See Tennessee Code 71-6-302

                        • Sexual assault program: means a program that provides sexual assault program services. See Tennessee Code 71-6-302
                        • Shelter: means a place where family violence victims and their children can seek temporary refuge twenty-four (24) hours a day and seven (7) days a week, including a program that develops and manages a system under which private homes or commercial lodgings are used as refuge for family violence victims and their children. See Tennessee Code 71-6-202
                        • Shelter services: means counseling for family violence victims, counseling for perpetrators, advocacy for family violence victims, referral of family violence victims to other community resources, community education regarding prevention of family violence and rehabilitation of perpetrators. See Tennessee Code 71-6-202
                        • Shooting sports: means the recreational sport of firing handguns, rifles or shotguns at moving or fixed targets. See Tennessee Code 11-11-203
                        • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
                        • Spelunking: means the recreational sport of exploring noncommercial cave systems. See Tennessee Code 11-11-203
                        • 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
                        • State: means the state of Tennessee. See Tennessee Code 71-4-803
                        • Statute: A law passed by a legislature.
                        • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
                        • Subpoena: A command to a witness to appear and give testimony.
                        • Summons: Another word for subpoena used by the criminal justice system.
                        • Supervised individual: means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail for a felony offense. See Tennessee Code 40-28-301
                        • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
                        • TennCare: means the program administered by the single state agency, as designated by the state and CMS, pursuant to Title XIX of the Social Security Act (42 U. See Tennessee Code 71-5-2503
                        • Testify: Answer questions in court.
                        • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                        • Title XIX: means Title XIX of the Social Security Act as amended (P. See Tennessee Code 71-5-103
                        • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
                        • Total transports: means all transports reported during the base period by a provider to the office of emergency medical services. See Tennessee Code 71-5-1502
                        • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                        • True bill: Another word for indictment.
                        • Trustee: A person or institution holding and administering property in trust.
                        • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                        • Upper payment limit: means the limitation established pursuant to 42 C. See Tennessee Code 71-5-1001
                        • Vending facility: means a location or structure or space that may sell foods, beverages, confections, newspapers, periodicals, tobacco products, and other articles and services that are dispensed automatically by a machine or manually by sales personnel or attendants and that may be prepared on or off the premises in accordance with applicable health laws. See Tennessee Code 71-4-502
                        • Vendor: means any person, institution, agency, other entity or business concern providing services or goods authorized under chapter 5, part 1 of this title, and includes, but is not limited to, any health maintenance organization, managed care organization, managed care contractor, administrative services organization, pharmacy benefit manager, prepaid limited health service organization, contractor or subcontractor. See Tennessee Code 71-5-2503
                        • Vendor: means any person, institution, agency, or business concern providing medical care services or goods authorized under this part, holding, where applicable, a current valid license to provide such services or to dispense such goods. See Tennessee Code 71-5-103
                        • Venue: The geographical location in which a case is tried.
                        • Verdict: The decision of a petit jury or a judge.
                        • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
                        • Vocational rehabilitation: means making an individual able, or increasing an individual's ability to:

                          • (A) Engage in a remunerative occupation. See Tennessee Code 71-4-602

                          • Vocational rehabilitation services: means :

                            • (A) Diagnostic and related services, including transportation, incidental to the determination of whether an individual is a blind individual with employment barriers, and if so, the individual's eligibility for, and the nature and scope of other vocational rehabilitation services to be provided. See Tennessee Code 71-4-602

                            • White water rafting: means the recreational activity of using an inflatable raft or kayak to navigate rough water. See Tennessee Code 11-11-203
                            • Workshop: means a place where any manufacture or handiwork is carried on and that is operated for the primary purpose of providing remunerative employment to individuals with severe disabilities who cannot be readily absorbed in the competitive labor market. See Tennessee Code 71-4-602
                            • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
                            • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
                            • Zip lining: means the exploration of natural areas by use of above-ground cable systems. See Tennessee Code 11-11-203