Tennessee Administrative Code

COMMUNITY PARTICIPATION WRAPAROUND. (1) Intermittent employment and community participation wraparound services are reimbursed on a fee-for-service basis. (2) The unit of service is 15 minutes. (3) The fee-for-service rate is calculated using the following factors: (a) DSP reimbu…

(1) Facility-based day services are reimbursed on a fee-for-service basis. (2) The unit of service is 15 minutes. (3) The fee-for-service rate is calculated using the following factors: (a) DSP reimbursement rate; (b) Non-direct program costs; (c) Administrative costs; (d) Transp…

ADJUSTMENT-HOMEBOUND AND NON-RESIDENTIAL HOMEBOUND SUPPORT SERVICES. (1) Residential special needs adjustment-homebound and non-residential homebound support service are reimbursed on a fee-for-service basis. (2) The unit of service is a day, constituting staff coverage for 6 hou…

(1) The unit for all types of therapy services and nursing services is a quarter hour. (2) The unit for behavioral services is one quarter (1/4) of an hour. (3) The rate for clinical services is based on comparison with national rates of payment and comparable rates of payment wi…

SERVICES. (1) The unit for respite services may be one quarter (1/4) of an hour or daily rates as determined by DIDD based on the duration of services provided. The unit for personal assistance services is a quarter hour. (2) The determination of rates in this section (.18) is ca…

(1) Dental Services rates are those set by TennCare for reimbursement of Medicaid funded dental care. Authority T.C.A. §§ 4-3-2701, 4-3-2707, 4-4-103, 4-5-201, et seq., 4-5-208, et seq. and its applicable regulations concerning emergency rules, 33-1-201, 33-1-202, 33-1-203(1) and…

SYSTEMS. (1) Rates paid are the usual and customary rates for installation and monitoring set by the company providing the service. Authority T.C.A. §§ 4-3-2701, 4-3-2707, 4-4-103, 4-5-201, et seq., 4-5-208, et seq. and its applicable regulations concerning emergency rules, 33-1-…

AND SUPPLIES. (1) Rates paid are the usual and customary costs for the equipment or supplies. Authority T.C.A. §§ 4-3-2701, 4-3-2707, 4-4-103, 4-5-201, et seq., 4-5-208, et seq. and its applicable regulations concerning emergency rules, 33-1-201, 33-1-202, 33-1-203(1) and (6), 33…

(1) Rates paid are the usual and customary costs for the modification. Authority T.C.A. §§ 4-3-2701, 4-3-2707, 4-4-103, 4-5-201, et seq., 4-5-208, et seq. and its applicable regulations concerning emergency rules, 33-1-201, 33-1-202, 33-1-203(1) and (6), 33-1-204, 33-1-301, 33-1-…

COORDINATION SERVICES. (1) Current rates were derived after consideration of provider input, resource availability as well as system service requirements. Future changes in amounts paid for this service will be made utilizing such tools as: consultation with stake-holders (e.g. I…

THE STATE [NON-WAIVER; STATE FUNDED (NWSF) SERVICES]. (1) Rates paid are discretionary and based upon waiver participant need, limited by system and service requirements and subject to DIDD funding and resource availability. Authority T.C.A. §§ 4-3-2701, 4-3-2707, 4-4-103, 4-5-20…

(1) The purpose of these rules is to amend the former rules pertaining to Administration of Medication by Unlicensed Personnel and establish new rules in light of the Department of Intellectual and Developmental Disabilities’ current organization, structure and resources.

(1) “Administration of Medications” shall mean providing for the ingestion, application, injection of medications allowed by these rules; inhalation or rectal or vaginal insertion of medication, including over the counter and prescription drugs, according to the written or printe…

(1) Medication Administration Curriculum developed and administered by the Department. The course curriculum should cover, at a minimum, the following: (a) Legal and ethical aspects of medication administration; (b) State and federal regulations regarding medications; (c) Termino…

(1) Any contracted DIDD provider agency employing staff who are not otherwise authorized by law to administer medications shall be allowed to perform such duties only after passing competency testing. Certified personnel who administer medications within the provision of this par…

(1) The provider agency shall obtain proof of certification (participant record) for new employees from the Department before they are allowed to administer medications. (2) The Department shall verify an employee’s current status and date of last successful completion of the med…

(1) The following may be performed by certified personnel under the scope of these regulations and in accordance with the training curriculum: (a) Medication administration via the following routes: oral, rectal, vaginal, eye, ear, nasal and topical; and (b) Administration of med…

(1) A provider agency employing certified personnel shall have a written policy demonstrating compliance with these rules. This policy shall be accepted by the Department and shall include, at a minimum, the following elements: (a) Medication prohibitions; (b) Security; (c) Progr…

(1) The provider agency shall submit a recommendation to the Department for termination of authority to administer medications in the event a certified personnel is determined to be unable to safely administer medications due to: (a) The use of drugs, alcohol or controlled substa…

(1) The Department shall monitor the administration of medications by certified personnel. Monitoring shall be completed by Registered Nurses employed by the Department. (2) The provider agency shall monitor, at a minimum, the first medication pass of the certified personnel upon…

The purpose of these rules is to establish a process and procedures, pursuant to T.C.A. §§ 10-7-503(g) and 10-7-504, to provide economical and efficient access to public records of the Department of Intellectual and Developmental Disabilities (“DIDD” or “department”), in complian…

The effective date of the rules set forth in this chapter shall be December 2, 2020.

As directed by the Legislature, by January 1, 2019, state agencies and departments shall promulgate rules regarding public records in compliance with T.C.A. § 10-7-503(g).

(1) The following terms as used in these rules shall have the meanings described below: (a) “Office of Open Records Counsel” (OORC) means the office of the Tennessee Comptroller of the Treasury serving citizens, media, and governmental entities as a resource for issues concerning…

(1) DIDD public records shall, at all times during business hours, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state or federal law. (2) Per…

(1) Public record requests shall be made to the PRRC or his/her designee in order to ensure that public record requests are routed to the appropriate records custodian and fulfilled in a timely manner. (2) A request to view public records may be made to the PRRC orally or in writ…

(1) Public Records Request Coordinator (PRRC) (a) DIDD’s designated PRRC is the person whose name and contact information appears on the DIDD Public Records Request Form. Contact information for the PRRC may also be found on DIDD’s website. (b) The PRRC shall review public record…

(1) Upon receiving a public records request, a DIDD records custodian shall promptly make requested public records not specifically exempt from disclosure available as required by T.C.A. § 10-7-503(a)(2). The custodian may notify the requestor of the time and place of inspection …

(1) If a DIDD record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access or copies. If questions arise concerning redaction, the records custodian should coordinate …

(1) There shall be no charge for inspection of open public records. (2) The location for inspection of DIDD records shall be determined by the PRRC or the records custodian. (3) The PRRC or a records custodian may require an appointment for inspection or may require inspection of…

(1) The PRRC and/or records custodian shall promptly respond to a public record request for copies in the most economic and efficient manner practicable. (2) Copies will be available for pickup at a location specified by the PRRC or records custodian. (3) Copies will be mailed to…

(1) Excessive fees and charges for copies of public records should not be used to hinder access to public records. (2) Records custodians shall provide requestors with a good faith estimate of the fees and charges prior to producing the requested records. (3) When fees and charge…

(1) DIDD will aggregate records requests in accordance with the “Reasonable Charges for Frequent and Multiple Requests” policy promulgated by the OORC, which may be found on the DIDD website, when four or more requests are received within a calendar month either from a single ind…

otherwise, terms have the following meaning: (1) “Adaptive Behavior” means the effectiveness or degree with which a person supported meets the standard of personal independence, maturation, learning, and social responsibility expected for his/her age and cultural group. (2) “Agen…

DEVELOPMENTAL DISABILITIES FACILITIES/SERVICES. (1) “Intellectual Disabilities Adult Habilitation Day Facility/Services” means a non-residential facility or service which offers a variety of habilitative activities to adults with intellectual disabilities. Such habilitative activ…

Disabilities (“DIDD” or “Department”) is authorized to license facilities and services operated for the provision of intellectual and developmental disabilities, and personal support services in the State of Tennessee by T.C.A. title 33, chapter 2, part 4. (1) Notwithstanding any…

(1) Initial License - An initial license is issued to a facility or service to give the licensee an opportunity to implement minimum program requirements and to give DIDD an opportunity to evaluate the facilities’ or service’s compliance performance. Initial licenses will not exc…

No organization may begin the provision of service delivery until the Department issues a license. Providing intellectual and developmental disability, or personal support services without a license is unlawful and may result in civil and/or criminal sanctions pursuant to T.C.A. …

(1) The application for a license is to be made on forms prepared and supplied to the applicant by the Department. (2) Each application for a license must be submitted in a legible format with all the information requested on the application. The information gathered by the Depar…

(1) The applicant must submit fees for the processing of the application prior to the Department’s determination to grant or to deny licensure. Each initial and renewal application for licensure must be submitted with the appropriate fees. All fees submitted are non-refundable. T…

(1) The applicant must submit application forms as required by the Department. (2) The applicant must submit the required fees for application processing. (3) The applicant is responsible for any fees charged by other regulatory agencies whose inspection of the facility or servic…

(1) Prior to the expiration of an initial, full, or provisional license, the Department will notify the licensee of the need to submit an application for license renewal. The Department will advise the licensee of the information, fees, and the documents needed to process the ren…

The licensure rules identify and define distinct categories of facilities or services. These facilities and services must meet applicable life safety and environmental rules, as well as minimum program rules based on the type of program services and the needs of the persons suppo…

Each licensee will be issued one (1) license for each site at which the licensee is operating a facility or service. The license for each site will indicate what category or categories of facility and/or service is authorized to be operated at that site. However, when a licensee …

Licenses are not assignable or transferable except as provided by law. A new application must be made and a new license issued before services are provided when there is a change in the ownership of a facility/service or a change of location.

Upon inspection of any facility or service making application for or holding a license, the Department may allow a reasonable time period for the facility or service to correct any deficiencies that are found by inspection.

(1) A facility or service which is accredited or certified by any of the following may be deemed by the Department to be in compliance (“deemed compliance status”) with applicable licensure program requirements: (a) The Joint Commission (TJC), formerly Joint Commission on Accredi…