68-11-801 - Authority to impose penalties Consultation to determine medical necessity. - Tennessee Statutes

68-11-801. Authority to impose penalties Consultation to determine medical necessity.

(a)  The commissioner of health has the authority to impose civil monetary penalties upon deficient nursing homes, as defined by § 68-11-201, under the circumstances provided in this part.

(b)  In addition to the civil monetary penalties specifically enumerated in this part, the commissioner has the authority to impose civil monetary penalties in such amount, scope, manner and circumstances as required by the federal Nursing Home Reform Act of 1987.

(c)  The commissioner has the authority to promulgate rules and regulations to impose the civil monetary penalties described in subsection (b).

(d)  The imposition of a state civil penalty pursuant to this section and the decision to impose such penalty shall not be affected by either the imposition or withholding of a federal sanction under the provisions of Title XVIII (42 U.S.C. § 1395 et seq.) or XIX (42 U.S.C. § 1396 et seq.) of the Social Security Act.

[Acts 1987, ch. 312, § 1; 1989, ch. 512, §§ 1, 6; 2000, ch. 978, § 1; 2003, ch. 169, § 4.]