71-2-409 - Inspections Refusal Probation. - Tennessee Statutes

71-2-409. Inspections Refusal Probation.

(a)  The department may conduct inspections of every licensed facility or suspected adult day care center. The evaluation method adopted by the department shall be published and distributed to each licensed adult day care center and any other interested person.

(b)  Any duly authorized officer, employee or agent of the department may, upon presentation of proper identification, enter and inspect any place providing adult day care at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, any provision of this part or any regulation adopted under this part. If refused entrance for inspection of a licensed or suspected adult day care center, the chancery or circuit court of the county where the licensed or suspected adult day care center is located may issue an immediate ex parte order permitting the department's inspection upon a showing of probable cause and the court may direct any law enforcement officer to aid the department in executing such order and inspection. Refusal to obey such order may be punished as contempt.

(c)  (1)  If, during the licensing period, the department determines that an adult day care center is not in compliance with the laws or regulations governing its operation, the department may place the adult day care center on probation for a definite period of not less than thirty (30) days nor more than sixty (60) days as determined by the department, and the department shall require the posting by the center of the notice of probation. The department shall provide the center a written basis describing the violation of the licensing rules that support the basis for the probationary status.

     (2)  (A)  If placed on probation, the center shall immediately post a copy of the probation notice, together with a list provided by the department of the violations that were the basis for the probation, in a conspicuous place as directed by the department and with the center's license, and the center shall immediately notify in writing the responsible adult day care participant and the responsible relative or caretaker of each of the adults in its care of the center's status, the basis for the probation and of the center's right to an informal review of the probationary status.

          (B)  If the center requests an informal review within two (2) business days of the imposition of probation, either verbally or in writing to the department's licensing staff that imposed the probation, the department shall informally review the probationary status by a departmental staff person who was not involved in the decision to impose the probation. The center may submit any written or oral statements as argument to the departmental staff person within five (5) business days of the imposition of the probation. Written and oral statements may be received by any available electronic means. The departmental staff person shall render a decision in writing upholding, modifying or lifting the probationary status within ten (10) business days of the imposition of the probation.

     (3)  If the departmental staff person does not lift the probation under subdivision (c)(2)(B), the center may also appeal such action in writing to the commissioner within five (5) business days of the receipt of the notice of the departmental staff person's decision regarding the center's probationary status as determined in subdivision (c)(2)(B). If timely appealed, the department shall conduct an administrative hearing pursuant to the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, concerning the department's action within fifteen (15) business days of receipt of the appeal and shall render a decision in writing within seven (7) business days following conclusion of the hearing. The hearing officer may uphold, modify or lift the probation.

     (4)  The provisions of this subsection (c) shall be discretionary with the department, and shall not be a prerequisite to any licensing action, to suspend, deny or revoke a license of an adult day care center.

(d)  The department shall make available to all interested persons a list of all licensed adult day care centers and the services that each facility provides. Reports on the results of each inspection, evaluation or consultation performed pursuant to this section shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies and plans of correction shall be open to public inspection during regular business hours.

[Acts 1996, ch. 1058, § 12; T.C.A., § 71-2-411; Acts 2000, ch. 981, § 72; 2001, ch. 453, § 23.]