68-11-827 - Nursing home resident protection trust fund Deposit of penalties Unspent funds. - Tennessee Statutes

68-11-827. Nursing home resident protection trust fund Deposit of penalties Unspent funds.

(a)  (1)  The commissioner shall establish and maintain a nursing home resident protection trust fund, created by the deposit of all penalty moneys collected from nursing homes and individuals under the provisions of this part.

     (2)  The fund created by this subsection (a) shall be maintained for the purpose of protecting the residents of a nursing home, whose noncompliance with the conditions of continued licensure, applicable state and federal statutes, rules, regulations and contractual standards threatens the residents' continuous care, the residents' property, the nursing home's continued operation, or the nursing home's continued participation in the medical assistance program of title 71, chapter 5.

     (3)  In addition to any other lawful use of the nursing home resident protection trust fund, the fund may also be used for making payments for temporary management as provided in § 68-11-831.

     (4)  In addition to any other lawful use of the nursing home resident protection trust fund, the fund may also be used to fund a pilot grant program to assist in the implementation of Eden Alternative enhanced quality of life projects in nursing homes, assisted-care living facilities and homes for the aged in Tennessee.

(b)  Notwithstanding any other provisions of the law to the contrary, any such funds remaining unspent at the end of the fiscal year shall be carried over into the budget of the department for the subsequent fiscal year, and shall continue to be carried over from year to year until expended for the purposes prescribed in this section.

[Acts 1987, ch. 312, § 3; 1989, ch. 512, § 5; 1999, ch. 512, § 5.]