68-11-221 - Deficiencies in facilitiesSpecial monitors. - Tennessee Statutes

68-11-221. Deficiencies in facilitiesSpecial monitors.

During a suspension of admissions pursuant to § 68-11-207, the commissioner shall appoint one (1) or more special monitors, if the deficiency threatens serious bodily harm to the patients or residents of the facility. The commissioner may appoint a special monitor or monitors at any other time, if the commissioner has reason to believe that deficiencies exist in a facility that are detrimental to the direct care of the patients or residents. Whenever the appointment of monitors is utilized pursuant to this section, the commissioner shall appoint a sufficient number of monitors to ensure their presence in the facility for a minimum of twenty (20) hours per week. The monitors shall observe the operation of the facility, and shall submit written reports periodically to the commissioner on the operation of the facility. Persons appointed as monitors shall be duly qualified to discharge their responsibilities. While employed as monitors, they shall represent the department with the power to observe and review all of the facility's operation, with attention to those aspects for which the suspension of admission was imposed. When appointment of a monitor or monitors is mandated by the provisions of this section, the facility shall be liable for the costs of the special monitors, until it has been determined that the deficiencies have been corrected. No part of such costs for which a facility is liable shall be recoverable by the facility, either directly or indirectly, from the medical assistance program administered pursuant to title 71, chapter 5, part 1. The commissioner may retain a monitor in a facility after correction to evaluate the facility's continued compliance, but it shall be at the expense of the department. The costs of such monitors shall be recoverable as follows:

     (1)  Deduction of the amount of such costs from amounts otherwise due from the state to the facility and to remittance of such amounts to the department;

     (2)  Addition of such costs to the facility's licensing fee, the renewal of the facility's license to be contingent upon the prior payment of such costs; or

     (3)  By suit of the department in the circuit or chancery court to recover such costs.

[Acts 1986, ch. 775, § 1.]