68-11-257 - Preadmission or precontract disclosures. - Tennessee Statutes

68-11-257. Preadmission or precontract disclosures.

(a)  (1)  In addition to any other disclosure required by this part, prior to the admission of a resident to an assisted-care living facility or residential home for the aged regulated pursuant to this chapter or prior to the execution of a contract for the care of a resident in such a facility, whichever occurs first, the facility shall disclose in writing to the resident or to the resident's guardian, conservator or representative, if any, that the facility does not have:

          (A)  A fire suppression sprinkler system throughout the facility;

          (B)  A smoke detector or alarm in each patient room; or

          (C)  Neither a fire suppression sprinkler system throughout the facility nor a smoke detector or alarm in each patient room.

     (2)  The disclosure shall be made on a form separate from the contract for the care of the resident and shall be printed in bold type and in no less than size twelve (12) font. The form must be signed by the resident or the resident's guardian, conservator or representative, if any, and the signature must be witnessed. If the resident cannot read, the form shall be read aloud to the resident. If the facility maintains an internet website, the disclosure shall also be made on that internet website.

(b)  (1)  All assisted-care living facilities and residential homes for the aged regulated pursuant to this chapter shall post a statement, if applicable, that the facility does not have:

          (A)  A fire suppression sprinkler system throughout the facility;

          (B)  A smoke detector or alarm in each resident or patient room; or

          (C)  Neither a fire suppression sprinkler system throughout the facility nor a smoke detector or alarm in each resident or patient room.

     (2)  Such signs shall be printed in not less than twenty-four (24) point type and in addition to being displayed at the main public entrance shall be prominently displayed at all entrances to the facility.

(c)  The requirements of subsections (a) and (b) shall not apply to any assisted-care living facility or residential home for the aged that is fully sprinklered as of April 17, 2004.

(d)  (1)  In addition to any other disclosure required by this part, prior to the admission of a resident to an assisted-care living facility or residential home for the aged regulated pursuant to this chapter, or prior to the execution of a contract for the care of a resident in such a facility, whichever occurs first, the facility shall disclose in writing to the resident or to the resident's guardian, conservator or representative, if any, whether the facility has liability insurance and the identity of the primary insurance carrier. If the facility is self-insured, the facility's statement shall reflect that fact and indicate the corporate entity responsible for payment of any claims.

     (2)  The information required to be disclosed in subdivision (d)(1) shall be posted on a sign no smaller than eleven inches (11”) in width and seventeen inches (17”) in height and displayed at the main public entrance.

[Acts 2004, ch. 451, §§ 2, 5; 2005, ch. 184, § 3.]