68-11-813 - Initiation of type A penalty proceedings Suspension of admissions Contests Hearings. - Tennessee Statutes

68-11-813. Initiation of type A penalty proceedings Suspension of admissions Contests Hearings.

(a)  Type A civil penalties shall be assessed by the commissioner in the commissioner's order suspending the admission of any new patients to the nursing home, as provided in § 68-11-207(b).

(b)  (1)  Within three (3) working days after concluding the inspection or investigation, the commissioner may initiate type A civil penalty proceedings by mailing a notice to the facility, stating the commissioner's decision to suspend the admissions of new patients.

     (2)  Within eight (8) working days after concluding the inspection or investigation, the department shall mail to the nursing home the commissioner's order, which shall detail the alleged facts and pertinent law with particularity, and shall also inform the nursing home of its right to contest the action.

(c)  Should any nursing home exercise its right to a hearing in contest of both the assessment of a type A civil penalty and the suspension of admissions, the matters shall be consolidated for hearing before an administrative judge and, should reconsideration of the administrative judge's initial order be requested by either party pursuant to § 4-5-317, the matters may be separated with the board for licensing health care facilities reviewing the suspension of admissions and the civil penalty being reviewed as provided in §§ 68-11-811 68-11-820.

[Acts 1987, ch. 312, § 2; 1988, ch. 809, § 1; 2008, ch. 824, § 9.]