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

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

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. 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. The commissioner has the authority to promulgate rules and regulations to impose the civil monetary penalties described in subsection (b). 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 Title XVIII, compiled in 42 U.S.C. § 1395 et seq., or Title XIX, compiled in 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. Code Commission Notes. Former subsection (d), concerning the medical necessity of violations based upon an action that is directly pursuant to a physician's order, was deleted as obsolete by authority of the code commission in 2006. Compiler's Notes. Acts 2003, ch. 169, § 1 provided that the act shall be known and may be cited as the “Nursing Home Compassion, Accountability, Respect and Enforcement Reform Act.” Cross-References. Nursing home administrators, title 63, ch. 16. Law Reviews. Respecting Our Elders: Can Tennessee Do More to Protect its Elder Population from Institutional Abuse and Neglect?, 66 Tenn. L. Rev. 819 (1999).