68-11-806 - Notification of inspection or false statements Civil monetary penalties Assessment Procedure. - Tennessee Statutes

68-11-806. Notification of inspection or false statements Civil monetary penalties Assessment Procedure.

(a)  Any individual who notifies, or causes to be notified, a nursing home of the time or date of an inspection conducted pursuant to § 68-11-210 is subject to a civil monetary penalty of not more than two thousand dollars ($2,000).

(b)  Any individual who willfully and knowingly certifies a material and false statement in a resident assessment required by federal law and prepared in accordance with rules and regulations of the department or board is subject to a civil monetary penalty of not more than one thousand dollars ($1,000) for each assessment.

(c)  Any individual who willfully and knowingly causes another individual to certify a material and false statement in a resident assessment required by federal law and prepared in accordance with rules and regulations of the department or board is subject to a civil monetary penalty of not more than five thousand dollars ($5,000) for each assessment.

(d)  All civil monetary penalties pursuant to this section shall be assessed as follows:

     (1)  The department may initiate the proceeding by mailing to the individual a written statement citing the provision of this section that the department alleges to have been violated, stating the amount of the penalty being assessed and informing the individual of the individual's right to contest the penalty;

     (2)  (A)  All penalties assessed pursuant to this section shall become final and not subject to review, unless the individual requests a hearing within thirty (30) days of receipt of the written statement of violation.

          (B)  Should the individual fail to answer or to demand a hearing within thirty (30) days, the individual shall be deemed to have waived the individual's right to a hearing, to have admitted the allegations of the assessment, and the civil penalty shall become due and payable;

     (3)  Should the individual pay the penalty assessed on or before the day on which the answer is due without contesting the assessment, the amount of the penalty shall be reduced by ten percent (10%); and

     (4)  All provisions contained in §§ 68-11-801, 68-11-805, 68-11-815, and 68-11-826 shall apply to penalties provided in this section.

[Acts 1989, ch. 512, § 3; 2008, ch. 824, § 8.]