Title 52, Department of Disability and Aging

The department shall plan, coordinate, administer, monitor, and evaluate state and federally funded services and supports as a community-based system within the total system of services and supports for persons with an intellectual or developmental disability, or at risk for thos…

(a) Within the limits of available resources, it is the goal of the state to develop and maintain a system of care that provides a comprehensive array of quality prevention, early intervention, treatment, habilitation, and rehabilitation services and supports that are geographica…

(1) The state shall accomplish its purposes through community-based systems that provide:(1) Access to services and supports that are individualized to the capacities, needs, and values of each person;(2) Accountability of services and supports through statewide standards for mon…

(1) The core values of the service system are:(1) The system of care is person-centered and family-focused, with the needs and choices of the individual and family, as appropriate, determining the types and mix of services and supports provided, because, to make good decisions, p…

The department shall establish areas for planning and resource allocation. The department shall define geographically dispersed and accessible points of access to service systems and designate providers or mechanisms to provide information and referral for services and supports a…

(a) It is the intent of the general assembly that the system of care developed pursuant to this part provides a comprehensive array of services and supports that are geographically available, are equitably and efficiently allocated statewide and in each grand division of the stat…

(1) A person shall disclose an ownership interest to the department or licensee, and shall not serve in a capacity of decision making or influence or responsibility for the direct referral or placement of persons to any residential facility that provides intellectual or developme…

(a) If a person violates § 52-2-1101, then the commissioner must assess a civil penalty of one thousand five hundred dollars ($1,500) per incident against the person for each violation. (b) A penalty must be assessed only after an informal hearing is held in the same manner as an…

A person to whom this part applies shall disclose the information required by this part before being hired or as a part of a contract entered into with a provider of intellectual or developmental disability services or supports. Failure to disclose the information subjects the pe…

If a person is relieved of decision-making authority or responsibility under this part, then the personnel records of the officer or employee must state that the officer or employee was relieved of authority or responsibility solely to conform to this part.

(a) The department shall establish a state developmental disabilities planning and policy council and a regional citizen-based planning and policy council, each composed of persons supported, family members of persons supported, advocates for persons supported, and other affected…

The councils are to provide citizen participation in policy planning and shall be representative of persons supported and their families; advocates for supported children, adults, and the elderly; service providers; agencies; and other affected persons and organizations. At least…

(a) The department shall set basic quality standards for services and supports to all persons served on the basis of an intellectual or developmental disability, regardless of whether they are served by the department, the department's contractors, private service providers, othe…

The department shall regulate compliance with basic quality standards to the extent otherwise authorized by this title. The department may monitor compliance with basic quality standards in all settings, including those over which it does not have regulatory authority. The depart…

The department may contract for higher performance standards than the basic quality standards or licensure standards.

This part is known and may be cited as the “Disability Services and Personal Support Services Licensure Law.”

(1) As used in this part, unless the context otherwise requires:(1) “Abuse” means the knowing infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;(2) “Consumer direction” means a model of service delive…

(a) The department may license services and facilities operated for the provision of disability services and for personal support services, and for the provision of the Employment and Community First CHOICES program and services, as provided in title 71, chapter 5, or Tenn. Comp.…

(a) The department shall adopt rules for licensure of services and facilities regarding adequacy of services, qualifications of professional staff, and facility conditions. The department shall require for licensure satisfaction of basic quality standards set under part 3 of this…

(a) It is unlawful for a person, partnership, association, or corporation to own or operate a service or facility that provides intellectual or developmental disability services or personal support services within the meaning of this title without having obtained a license as req…

(a) A person, proprietorship, partnership, association, corporation, or any state, county, or local governmental unit or any division, department, board, or agency of government shall obtain a license from the department in order to lawfully establish, conduct, operate, or mainta…

(a) The department may suspend or revoke a license on the following grounds:(1) A violation of this title or rules adopted under this title;(2) Permitting, aiding, or abetting the commission of any illegal act during a licensed service or in a facility;(3) Conduct or practice fou…

(a) All proceedings by the department to impose sanctions against licensed entities under this title must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The proceedings must include notice and opportunity for a hearing b…

(a) A civil penalty of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) may be imposed on a licensee for a violation of this title or a rule promulgated pursuant to this title. (b) A civil penalty of not less than five hundred dollars (…

(a) The commissioner shall establish and maintain a person supported protection trust fund, created by the deposit of all civil penalty moneys collected under this part. (b) The trust fund must be maintained for the purpose of protecting the persons supported of a facility or ser…

If the department finds a violation of a statute or rule that may be a ground for a civil penalty, the department must advise the licensee of the finding orally before concluding the survey.

(a) The department may sue to enjoin any person, partnership, association, or corporation from establishing, conducting, managing, or operating any service or facility providing intellectual or developmental disability services, services to older persons and adults with disabilit…

(a) The department shall make at least one (1) unannounced visit to review quality standards and to perform a life safety and environmental inspection, as applicable, of each licensed service or facility yearly. The department may deem a service or facility in compliance without …

The department may provide assistance to applicants for a license under this part. The department shall provide assistance in placing persons supported who are adversely affected by denial, suspension, or revocation of a license under this part.

(a) The department may grant a provisional license for up to one (1) year to a service or facility if:(1) The service or facility is making a diligent effort to comply with standards adopted under this part;(2) The continued operation of the service or facility will not endanger …

(a) The department shall investigate reports of serious abuse, dereliction, or deficiency in the operation of a licensed service or facility. (b) (1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable p…

(a) If the commissioner finds that a service or facility is providing intellectual or developmental disability services, services to older persons and adults with disabilities, or personal support services without a license as required under this title, then the commissioner may,…

(a) Except as provided in subsection (d), any residential facility that houses persons with an intellectual or developmental disability and is required by law to be licensed by the department shall not receive a license if the facility houses more than four (4) persons served and…

(a) Any individual employed by a personal support services agency to provide personal support services must complete standardized training and continuing education under department rules. (b) The department may create classifications for personal support services agencies special…

If an agency is licensed as a personal support services agency under this title, it does not have to be licensed under title 68, chapter 11, part 2, as a home care organization to provide personal support services. If an agency is licensed under title 68, chapter 11, part 2, as a…

(a) As used in this section, unless the context otherwise requires:(1) “Personal support services agency”:(A) Means a sole proprietorship, partnership, corporation, limited liability company, or a limited partnership that provides personal support services as defined in this part…

The department may develop an array of options for transportation for all regions of the state that includes, but is not limited to, willing family members, transportation agents that are available twenty-four (24) hours per day, ambulances or other medically appropriate vehicles…

The department shall, at least annually, convene a meeting on transportation services for persons with an intellectual or developmental disability and for older persons. The purpose is to promote development of interagency agreements under § 52-1-106 that assure availability of g…

The department may adopt rules, policies, procedures, or guidelines for conflict resolution to assure quick resolution, minimize disruption of service and support to persons supported, and minimize the cost of conflicts in providing services and supports.

Every licensee under this title shall have a clear conflict resolution procedure, including an appeal process, that complies with the department's rules, policies, procedures, and guidelines, as applicable, and shall communicate the procedure to each person supported and their fa…

This part does not apply to grievances that are to be resolved under § 52-5-209(b)(3), policies, and procedures.

The security guards at all department facilities and other personnel the commissioner may designate are vested with the powers and authority of peace officers and shall exercise the powers and authority on the grounds of facilities under the supervision of the department.

The enclosed premises and the adjoining land belonging to or used by and for any of the state facilities, are private grounds. If a person goes on the premises without authority or permission, the person commits a Class C misdemeanor.

Any corporation that is exempted from taxation under 26 U.S.C. § 501(c)(3), and that contracts with the state or its agents to provide services or supports to the public is authorized to purchase or contract to purchase goods or services on the same terms and conditions as that c…

(a) The commissioner, in consultation with the comptroller of the treasury and with the approval of the commissioner of finance and administration, may establish by rule a method for determination at least annually of charges for services and supports provided to persons supporte…

(a) The commissioner, in consultation with the comptroller of the treasury and with the approval of the commissioner of finance and administration, may establish rules for determining indigence and payments to be made periodically by nonindigent persons supported or their respons…