68-11-225 - Nursing home administrators Unexpected losses. - Tennessee Statutes

68-11-225. Nursing home administrators Unexpected losses.

(a)  The provisions of this section apply to situations in which licensed nursing homes suffer the unexpected loss of an administrator and provide for procedures to be followed in such cases.

(b)  “Unexpected loss” means the absence of a nursing home administrator due to serious illness or incapacity, unplanned hospitalization, death, resignation with less than thirty (30) days' notice or unplanned termination.

(c)  The procedures to be followed by the facility upon receiving notice of the unexpected loss of the administrator are as follows:

     (1)  The facility shall notify the department within twenty-four (24) hours after notice of the unexpected loss of the administrator. Notification to the department shall identify an individual to be responsible for administration of the facility for the immediate future, not to exceed thirty (30) days. This responsible individual need not be licensed as an administrator and may be the facility's director of nursing;

     (2)  Within seven (7) days of notice of the unexpected loss, the facility shall request a waiver of the appropriate regulations from the board; and

     (3)  On or before the expiration of thirty (30) days after notice of the unexpected loss, the facility shall appoint a temporary administrator to serve until either a permanent administrator is employed or the request for a waiver is considered by the board, whichever occurs first. The temporary administrator shall be any of the following:

          (A)  A full-time administrator licensed in Tennessee or any other state;

          (B)  One (1) or more part-time administrators licensed in Tennessee. Part-time shall not be less than twenty (20) hours per week; or

          (C)  A full-time candidate for licensure as a Tennessee administrator who has completed the required training.

(d)  The procedures set forth in subsection (c) shall be followed until the next regularly scheduled meeting of the board in which the board considers the facility's application for a waiver. At that meeting the board, after reviewing the circumstances, may grant, refuse or condition a waiver as necessary to protect the health, safety and welfare of the patients in the facility.

(e)  Any facility that follows the procedures set forth in subsection (c) shall not be subject to a civil penalty for absence of an administrator at any time preceding the board's consideration of the facility's request for a waiver.

[Acts 1994, ch. 813, § 1.]