33-2-416 - Department to investigate reports of abuse, dereliction or deficiency in operation of facility Private cause of action Departmental remedies. - Tennessee Statutes

33-2-416. Department to investigate reports of abuse, dereliction or deficiency in operation of facility Private cause of action Departmental remedies.

(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 performance of their duties and within the scope of their authority, shall be presumed to be acting in good faith and shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

     (2)  Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation.

     (3)  Any person making a report under the provisions of this part shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.

(c)  (1)  The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction or deficiency is found and not corrected in a reasonable time.

     (2)  The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment shall not exceed a period of one hundred twenty (120) days except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. Nothing in this part takes away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d).

[Acts 1978, ch. 853, § 13; 1983, ch. 323, § 31; T.C.A., § 33-1812; Acts 1987, ch. 248, § 2; 1994, ch. 760, § 1; T.C.A., § 33-2-512; Acts 2000, ch. 947, § 1; T.C.A. § 33-2-415; Acts 2001, ch. 299, § 1.]