68-11-214 - Personnel and inspectors. - Tennessee Statutes

68-11-214. Personnel and inspectors.

(a)  The department is authorized to employ all necessary administrative and clerical employees; and to employ one (1) or more inspectors, for such time as, in the judgment of the commissioner, may be necessary, who shall be well experienced in the operation of hospitals, and whose duty it is to:

     (1)  Visit all institutions coming under the scope of this part and inspect them, insofar as it may be necessary to arrive at the necessary facts required to make a true and informative report to the board; and

     (2)  Give advice, aid and encouragement to such institutions, in maintaining high professional ideals and good care of patients.

(b)  The department shall cooperate in the inspections and coordinate them with its other work.

(c)  (1)  The department shall not assign an individual to be a member of an inspection team for purposes of conducting an annual survey required for medicare or medicaid certification at a nursing home facility in which the individual works, or, at any previous time, has worked as an employee, as employment agency staff at the facility, or as an officer, consultant, or agent for the facility to be inspected. Prior to being employed by the department, all such individuals shall be required to disclose any previous employment at any and all nursing home facilities, including employment as an employee, as employment agency staff, or as an officer, consultant or agent.

     (2)  The department shall not assign an individual to lead an inspection team conducting an inspection as a result of a complaint filed against a nursing home facility if the individual works, or, at any previous time, has worked as an employee, as employment agency staff at the facility, or as an officer, consultant, or agent for the facility to be inspected.

     (3)  (A)  The department shall not assign an individual to be a part of an inspection team conducting an inspection as a result of a complaint filed against a nursing home facility if the individual works, or, at any previous time, has worked as an employee, as employment agency staff at the facility, or as an officer, consultant, or agent for the facility to be inspected.

          (B)  Notwithstanding the provisions of subdivision (c)(3)(A) to the contrary, the commissioner may allow for exceptions to subdivision (c)(3)(A) if the commissioner deems it necessary for the immediate protection of the health, safety or welfare of residents of a nursing home.

[Acts 1947, ch. 13, §§ 16, 17; mod. C. Supp. 1950, § 5879.15 (Williams, §§ 4432.16, 4432.17); T.C.A. (orig. ed.), § 53-1315; 2008, ch. 982, § 1.]