Tenn. Comp. R. & Regs. 0030 — Commission on Aging and Disability

Chapter 0030-01-01 Repealed

Tenn. Comp. R. & Regs. 0030-01-01-.01 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 14-6-104, 52-1-104, 52-1-105, 52-1-107, 52-8-101, and 52-8-202.
• Administrative History: Original chapter filed July 6, 1982; effective August 6, 1982. Repeal filed September 26, 2025; effective December 25, 2025.

Chapter 0030-01-02 Repealed

Tenn. Comp. R. & Regs. 0030-01-02 Repealed

RULES

OF TENNESSEE COMMISSION ON AGING

Chapter 0030-01-03 Repealed

Tenn. Comp. R. & Regs. 0030-01-03-.01 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 52-1-104, 52-1-105, 52-1-107, 52-8-101, 52-8-202, and 71-2-104.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Amendment filed February 2, 2007; effective June 28, 2007. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-03-.09 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 14-6-105, 52-1-104, 52-1-105, 52-1-107, 52-8-103, and 52-8-202.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Amendment filed February 2, 2007; effective June 28, 2007. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-03-.02 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 14-6-105, 52-1-104, 52-1-105, 52-1-107, and 52-8-202.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-03-.03 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 14-6-105, 52-1-104, 52-1-105, 52-1-107, 52-8-103, and 52-8-202.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-03-.04 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 14-6-106, 52-1-104, 52-1-105, 52-1-107, 52-8-104, and 52-8-202.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-03-.05 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 14-6-105, 52-1-104, 52-1-105, 52-1-107, 52-2-103, and 52-8-202.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-03-.06 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 52-1-104, 52-1-105, 52-1-107, 52-8-102, 52-8-202, and 71-2-104(b)(1).
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Amendment filed February 2, 2007; effective June 28, 2007. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-03-.07 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 14-6-107, 52-1-104, 52-1-105, 52-1-107, and 52-8-202.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-03-.08 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 14-6-109, 52-1-104, 52-1-105, 52-1-107, 52-8-105, and 52-8-202.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Repeal filed September 26, 2025; effective December 25, 2025.

Chapter 0030-01-04 Reserved

Tenn. Comp. R. & Regs. 0030-01-04 Reserved

RULES

OF TENNESSEE COMMISSION ON AGING

(Reserved)

Chapter 0030-01-05 Area Agency on Aging Operation and Provision of Social Services

Tenn. Comp. R. & Regs. 0030-01-05-.01 DESIGNATION OF PLANNING AND SERVICE AREA

(1) The Commission has designated as planning and service areas the areas covered by the boundaries as specified in the “Development District Act of 1965” (T.C.A.13-14-101). Otherwise noted, these multicounty areas will be referred to as the PSA’s.

(2) The State Agency provides an opportunity to apply to be designated as a planning and service area to any unit of general purpose local government, region, or metropolitan area, which has a population of 100,000, or Indian reservation(s). The application on behalf of an Indian reservation(s) must be made by the governing tribal organization(s).

(3) In accepting an application for designation as a planning and service area, the State Agency considers:

(a) The distribution in the state of persons age 60 and older including those with the greatest economic need;

(b) The views of public officials of the units of general purpose local governments:

(c) The incidence of need for services provided under Title III and the resources available to meet these needs; and, (d) The boundaries of units of general purpose local government, regional planning areas, Indian reservations, existing development districts and areas within the state established for planning and administering human services. The State Agency attempts to include all portions of a development district or an Indian reservation within a single planning and service area.

(4) The State Agency documents the basis for its designation of each planning and service area.

(5) The State Agency provides an opportunity for a hearing following the procedures specified in Section

Tenn. Comp. R. & Regs. 0030-01-05-.02 DESIGNATION OF AREA AGENCIES ON AGING

(1) The State Agency will designate an Area Agency in each planning and service area in which it allocates funds under this part.

(2) The Area Agency must:

(a) Develop and administer the area plan for a comprehensive and coordinated system of services; and, (b) Serve as the advocate and focal point for older persons in the planning and service area.

(3) Before designating or redesignating an Area Agency, the State Agency will;

(a) Determine, through an onsite assessment, the capacity of the agency to carry out all the functions of an Area Agency specified in this part; and, (b) Consider the views of the unit or units of general purpose local government within the planning and service area.

(4) The State Agency has made initial designations of Area Agencies which will remain in effect unless a redesignation is required or requested.

(5) The State Agency may designate as an Area Agency any one of the following types of agencies that has the Authority and capacity to carry out the functions of an Area Agency;

(a) An established office on aging which operates within the planning and service area;

(b) Any office or agency of a unit of general purpose local government that is proposed by the chief elected official of the unit;

(c) Any office or agency proposed by the chief elected officials of a combination of units of general

purpose local government; or, (d) Any other public or private nonprofit agency, except any regional or local agency of the State.

(6) In designating or redesignating an Area Agency, the State Agency will give preference to:

(a) An established office on aging;

(b) An agency that has previously been involved primarily in aging programs; or, (c) An Indian tribal organization in any planning and service area whose boundaries are essentially the same as those of an Indian reservation(s).

(7) An Area Agency must be able to meet the conditions prescribed by the State Agency on Aging.

(8) The potential Area Agency must have demonstrated its capacity, through previous activities or other suitable evidence, to perform the functions required of an Area Agency on Aging.

(9) The potential agency must have area wide identification. It must be able to work with all social, economic, racial, and geographic elements of the planning and service area it seeks to serve and be able to facilitate the development of a focal point on aging within each community in the planning and service area.

(10) The State Agency may remove the designation as an Area Agency on Aging from an organization serving in that capacity. In such a case, the State Agency will follow the procedures in Section 0030- 1-8-.03 of these rules.

History

• Authority: T.C.A. §14-6-105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Tenn. Comp. R. & Regs. 0030-01-05-.03 RESERVED

History

• Authority: T.C.A. §14-6-105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Tenn. Comp. R. & Regs. 0030-01-05-.04 RESERVED

History

• Authority: T.C.A. §14-6-104.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Tenn. Comp. R. & Regs. 0030-01-05-.05 SUSPENSION OF AREA PLAN FUNDING

(1) The suspension of funding to an Area Agency by the State Agency temporarily suspends State or Federal assistance under the area plan pending corrective action by the Area Agency or pending a decision by the State Agency to terminate the contract.

(2) When conditions warrant, the State Agency may suspend area plan operations in whole or in part.

Such conditions would result from the Area Agency’s failure to comply with contract award stipulations, standards, or conditions.

(3) To suspend area plan operations, the State Agency shall notify the Area Agency in writing of the action being taken, the reason for such action, and the conditions of the suspension. This notice shall be given at least thirty (30) days prior to the effective date of suspension and shall note the right of the Area Agency to appeal such decision and the procedures to be followed for such an appeal.

(4) The State Agency shall grant to any Area Agency whose area plan has been suspended in whole or in

part an opportunity for a hearing in accordance with the provisions set forth in Section 0030-1-8-.02 of these rules.

(5) The State Agency may, at its discretion, allow federal financial participation in necessary and proper costs which the Area Agency could not reasonably avoid during the period of suspension.

(6) In suspending area plan operations, the State Agency shall determine the amount of unearned Title III funds the Area Agency has on hand. The anticipated length of suspension, the extent of area plan operations suspended, and the amount of fund balance on hand will determine whether the State Agency will require the balance to be returned.

(7) The State Agency may, at its discretion, reinstate the suspended area plan operations if it determines that conditions warrant such action.

(8) Federal participation in reinstated area plan operations may resume immediately upon reinstatement, but not for any costs accrued for those area plan operations while they are suspended. The obligational

Authority unearned at the time of suspension again becomes available for earning by the project at the previously established matching ratio.

(9) If the suspension of area plan operations continues for three (3) consecutive months in any budget year, federal funding of area plan operations is automatically terminated.

History

• Authority: T.C.A. §14-6-105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Tenn. Comp. R. & Regs. 0030-01-05-.06 TERMINATION OF AREA PLAN FUNDING

(1) The termination of funding means the cancellation of State or federal assistance, in whole or in part, under a contract at any time prior to the date of completion.

(2) The Commission may terminate State or federal support for an area plan prior to the end of an approval budget year or project period if:

(a) The Area Agency violates the conditions under which the contract was approved;

(b) Program performance is inadequate, or, (c) Nonfederal resources are not available.

(3) If the Commission terminates funding for an area plan, it will notify the Area Agency in writing of the action being taken and the reasons for such action. This notice will be given at least thirty (30) days prior to the effective date of termination and will specify any reports to be completed, the right of the Area Agency to appeal, and the procedure to be followed for appeal.

(4) The Commission shall grant to any Area Agency whose area plan has been terminated, in whole or in

part, an opportunity for a hearing in accordance with the provisions set forth in Section 0030-1-8-.02 of these rules.

(5) The Commission or Area Agency may terminate the contract, in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in case of partial terminations, the portion to be terminated. The Area Agency shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Commission shall allow full credit to the Area Agency for the federal share of the non-cancellable obligations, properly incurred by the Area Agency prior to termination.

History

• Authority: T.C.A. §14-6-105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Tenn. Comp. R. & Regs. 0030-01-08-.02 of these rules to any eligible applicant which applies for designation as a planning and service area.

(6) Any applicant for designation as a planning and service area under the above provisions whose application is denied by the State Agency may appeal the denial under the procedures specified below:

(a) The appellant must first appeal to the State Agency following the procedures specified in

Section 0030-1-8-.02.

(b) If the hearing decision by the State Agency is unfavorable to the appellant, the appellant may appeal to the Commissioner within 30 calendar days of the decision.

(c) This appeal process, when exhausted, does not preclude seeking appropriate legal relief or appeal.

(7) When the Commissioner receives an appeal, the Commissioner requests the State Agency to submit:

(a) A copy of the appellant’s application for designation as a planning and service area;

(b) A copy of the written decision of the State Agency; and, (c) Any other relevant information the Commissioner may require.

(8) The procedures for the appeal consist of:

(a) Prior written notice to the appellant and the State Agency of the time and location of the hearing;

(b) The required attendance of the executive director of the State Agency or his designated representatives;

(c) An opportunity for the appellant to be represented by counsel or other representative; and, (d) An opportunity for the appellant to be heard in person and to present documentary evidence.

(9) Decision by the Commissioner (a) The Commissioner will issue a written decision;

(b) The Commissioner may:

1. Deny the appeal and uphold the decision of the State Agency;

2. Uphold the appeal and require the State Agency to designate the appellant as a planning and service area; and, 3. Take other appropriate action, including negotiating between the parties or remanding the appeal to the State Agency after initial findings.

(c) The Commissioner will uphold the decision of the State Agency if the State Agency has followed the procedures specified in Section 0030-1-8-.02 and this section, and its decision was not manifestly inconsistent with the purpose of the Older Americans Act.

(d) This appeal process, when exhausted, does not preclude seeking appropriate legal relief or appeal.

History

• Authority: T.C.A. §14-6-105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Tenn. Comp. R. & Regs. 0030-01-05-.07 RESERVED

History

• Authority: T.C.A. §14-6-105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Tenn. Comp. R. & Regs. 0030-01-05-.08 . A reasonable predetermined charge may be made for materials provided under this

section.

(3) The Area Agency shall disseminate information about aging program development and administration in such a manner as to reach the maximum number of potential project participants representing all target groups and areas.

History

• Authority: T.C.A. §14-6-105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Tenn. Comp. R. & Regs. 0030-01-05-.09 OPEN MEETINGS

(1) Requirements of the Public Meetings Law (T.C.A. §8-44-101, et. seq.) which require that “the formation of public policy and decisions is public business and shall not be conducted in secret” shall apply in each case where policy or administrative decisions which directly affect the public and are funded under the Older Americans Act or State Appropriations for Aging Programs are involved, including boards and executive committees of:

(a) Development Districts;

(b) Human Resource Agencies; and, (c) Community Action Agencies.

(2) Any private agency serving as a grantee, subgrantee, or contracting agency utilizing Older Americans Act or State Appropriations for Aging Programs by Authority of these rules shall comply with all provisions of the Public Meetings Law T.C.A. §8-44-101, et. seq.) When policy or administrative decisions are made affecting those activities funded under the State or area plan.

History

• Authority: T.C.A. §14-6-105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Tenn. Comp. R. & Regs. 0030-01-05-.10 FREEDOM OF INFORMATION

(1) The Area Agency shall maintain a policy of public information designed to assure that all federal, State, and local policies governing the administration of the annual area plan, contracts for the conduct of activities and services under the area plan, and periodic Area Agency reports will be reasonably available for review by interested persons.

(2) The Area Agency shall provide policy and/or program information upon request to individuals, organizations, and media representatives regarding Title III programs and services without reservation, provided the requested information does not violate the standards of confidentiality set out in Section

Chapter 0030-01-06 Repealed

Tenn. Comp. R. & Regs. 0030-01-06-.01 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 4-5-201, 52-1-104, 52-1-105, 52-1-107, 52-2-1002, 52-8-202, 71-2- 105(b)(1), and 71-2-111(b).
• Administrative History: Original rule filed July 13, 2004; effective September 26, 2004. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-06-.07 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 4-5-201, 52-1-104, 52-1-105, 52-1-107, 52-2-1002, 52-8-202, 71-2- 105(b)(1), and 71-2-111(b).
• Administrative History: Original rule filed July 13, 2004; effective September 26, 2004. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-06-.02 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 4-5-201, 52-1-104, 52-1-105, 52-1-107, 52-2-1002, 52-8-202, 71-2- 105(b)(1), and 71-2-111(b).
• Administrative History: Original rule filed July 13, 2004; effective September 26, 2004. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-06-.03 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 4-5-201, 52-1-104, 52-1-105, 52-1-107, 52-2-1002, 52-8-202, 71-2- 105(b)(1), and 71-2-111(b).
• Administrative History: Original rule filed July 13, 2004; effective September 26, 2004. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-06-.04 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 4-5-201, 4-5-202, 52-1-104, 52-1-105, 52-1-107, 52-2-1002, 52-8-202, 71- 2-105(b)(1), and 71-2-111(b).
• Administrative History: Original rule filed July 13, 2004; effective September 26, 2004. Amendment filed January 6, 2006; effective May 31, 2006. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-06-.05 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 4-5-201, 52-1-104, 52-1-105, 52-1-107, 52-2-1002, 52-8-202, 71-2- 105(b)(1), and 71-2-111(b).
• Administrative History: Original rule filed July 13, 2004; effective September 26, 2004. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-06-.06 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 4-5-201, 52-1-104, 52-1-105, 52-1-107, 52-2-1002, 52-8-202, 71-2- 105(b)(1), and 71-2-111(b).
• Administrative History: Original rule filed July 13, 2004; effective September 26, 2004. Repeal filed September 26, 2025; effective December 25, 2025.

Chapter 0030-01-07 Repealed

Tenn. Comp. R. & Regs. 0030-01-07-.01 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 52-1-104, 52-1-105, 52-1-107, 52-8-202, and 71-2-105(b)(1) and 42 U.S.C. § 3030c-2.
• Administrative History: Original rule filed May 24, 2005; effective August 7, 2005. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-07-.04 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 52-1-104, 52-1-105, 52-1-107, 52-8-202, and 71-2-105(b)(1) and 42 U.S.C. § 3030c-2.
• Administrative History: Original rule filed May 24, 2005; effective August 7, 2005. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-07-.02 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 52-1-104, 52-1-105, 52-1-107, 52-8-202, and 71-2-105(b)(1) and 42 U.S.C. § 3030c-2.
• Administrative History: Original rule filed May 24, 2005; effective August 7, 2005. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-01-07-.03 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 52-1-104, 52-1-105, 52-1-107, 52-8-202, and 71-2-105(b)(1) and 42 U.S.C. § 3030c-2.
• Administrative History: Original rule filed May 24, 2005; effective August 7, 2005. Repeal filed September 26, 2025; effective December 25, 2025.

Chapter 0030-01-08 Rules of Procedure for State Agency Hearings on Contested Cases

Tenn. Comp. R. & Regs. 0030-01-08-.01 RULES OF PROCEDURE FOR HEARING CONTESTED CASES

For rules of procedures for hearing contested cases see rules of the Secretary of State, Chapter 1360—1—7.

History

• Authority: T.C.A. §4—509.
• Administrative History: Original rule filed and effective December 31, 1980.

Tenn. Comp. R. & Regs. 0030-01-08-.02 STATE AGENCY HEARINGS

(1)The State Agency will provide an opportunity for a hearing to:

(a)Any Area Agency when the State Agency proposes to: 1.Disapprove the area plan or plan amendment submitted by the Area Agency; or, 2.Withdraw the Area Agency's designation.

(b)Any applicant for designation as a planning and service area whose application is denied;

(c)Any nutrition project which the Area Agency proposes to defund; and, (d)Any service provider whose application to provide services under an area plan is denied or whose contract is terminated or not renewed except as provided in 45 CFR, Part 74,

Subpart M, of the regulations.

(2)If any agency or organization wants a hearing, it must file a written request for a hearing with the State Agency within thirty (30) days following its receipt of the notice of the adverse action.

(3)When it receives a request for a hearing, the State Agency will notify the agency or organization of the date, time, and location of the hearing. The State Agency will complete the hearing within 120 days of the date the request for hearing was received by the State Agency. The State Agency will issue the hearing decision within sixty (60) days after the hearing is completed.

(4)The State Agency hearing procedures for Area Agencies and service provider organizations will include:

(a)Timely written notice of the reasons for the agency action that is being appealed and the evidence on which the action was based;

(b)An opportunity to review any pertinent evidence on which the agency action was based;

(c)An opportunity to appear in person before an administrative hearing office and/or the board of the Commission to refute the basis for the decision in accordance with Section 1360—1—7—.02(j);

(d)An opportunity to be represented by counsel or other representative;

(e)An opportunity to present witnesses and documentary evidence;

(f)An opportunity to cross-examine witnesses; and, (g)A written decision which sets forth the reasons for the decision and the evidence on which the decision is based.

(5)The State Agency may terminate formal hearing procedures at any point if the State Agency and agency or organization that requested the hearing negotiate a written agreement that resolves the issue(s) which led to the hearing.

History

• Authority: T.C.A. §14—6—105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Tenn. Comp. R. & Regs. 0030-01-08-.03 DISAPPROVAL OF AN AREA PLAN AND/OR WITHDRAWAL OF AREA

AGENCY DESIGNATION.

(1)The State Agency will withdraw the Area Agency designation whenever the State Agency, after reasonable notice and opportunity for a hearing finds that:

(a)The Area Agency does not meet the requirements set out in the policies for Area Agency administration;

(b)The plan or plan amendment is not approved; or, (c)There is substantial failure in the provisions or administration of an approved area plan to comply with any provision of this part.

(2)If the State Agency withdraws an Area Agency's designation, it will:

(a)Notify the Commissioner in writing of its action;

(b)Provide a plan for the continuity of services in the affected planning and service area; and, (c)Designate a new Area Agency in the planning and service area in a timely manner.

(3)If necessary to ensure continuity of services in a planning and service area, the State Agency may, for a period of up to 180 days after its final decision to withdraw designation of an Area Agency:

(a)Perform the responsibilities of the Area Agency; or, (b)Assign the responsibilities of the Area Agency to another agency in the planning and service area.

(4)The Commissioner may extend for a period of up to an additional 180 days the limit in the previous paragraph of this section if the State Agency:

(a)Requests an extension; and, (Rule 0030-1-8-.03 continued)

(b)Demonstrates to the satisfaction of the Commissioner a need for the extension.

History

• Authority: T.C.A. §14—6—105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982.

Chapter 0030-01-09 Advocacy Assistance Program

Tenn. Comp. R. & Regs. 0030-01-09-.01 LONG TERM CARE OMBUDSMAN PROGRAM AUTHORITY, SCOPE, AND

DEFINITIONS.

(1)Pursuant to the requirements set forth in 42 U.S.C. 307 (a) (12), the state agency on aging shall operate a statewide long-term care ombudsman program in cooperation with the area agencies on aging.

(2)The purview of ombudsman services shall extend to residents and potential residents of long-term care facilities.

(3)Definitions:

(a)The term "ombudsman" means a person working within the state aging network to carry out responsibilities mandated by 42 U.S.C. 307 (a) (12.

(b)The term "designated ombudsmen" means persons designated by either the state agency on aging or by area agencies on aging to carry out responsibilities of the statewide ombudsman program as mandated by 42 U.S.C. 307 (a) (12), and Sections 0030—9—3 and 0030—9—4 of Policies and Procedures for Programs on Aging, the state agency policy manual, which is available in the state agency on aging and all area agency on aging offices. 1.The term "state ombudsman" means the designated ombudsman of the state agency on aging (as required by 45 CFR 1321.43 (c) to carry out state agency responsibility as required by 42 U.S.C. 307 (a) (12) and Sections 0030—9—3 and 0030—9—4 of Policies and Procedures for Programs on Aging. 2.The term "district ombudsmen" means the designated ombudsmen selected by area agencies on aging who are trained to carry out district and community level responsibilities as required by 42 U.S.C. 307 (a) (12) (A) and Sections 0030— 9—3 and 0030—9—4 of Policies and Procedures for Programs on Aging.

(c)The term "representatives of ombudsmen" means persons, paid or volunteer, who are selected, trained, and supervised by designated ombudsmen to assist district ombudsmen in fulfilling the mandate of 42 U.S.C. 307 (a) (12) (A) and Sections 0030—9—3 and 0030—9—4 of Policies and Procedures for Programs on Aging.

(d)The term "long-term care facility" means any nursing home, institutional home for the aged, or residential home for the aged either licensed or subject to licensure by the Tennessee Department of Public Health under provision of T.C.A. §53—1301 et seq.; group homes and boarding homes either licensed or subject to licensure by the Tennessee Department of Mental Health and Mental Retardation under provision of T.C.A. §33— 1801 et seq.; and, any similar type of homes operating within the state that are subject to licensure by either state department.

(e)The term "access" means the right to enter any long-term care facility; to communicate privately and without restriction with any resident who consents to the communication; to seek consent to communicate privately and without restriction with any resident; and to inspect a resident's records under conditions set out in 0030—1—9—.03.

History

• Authority: T.C.A. §14—6—105.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Amendment filed April 26, 1983; effective May 26, 1983.

Tenn. Comp. R. & Regs. 0030-01-09-.02 ACCESS TO LONG TERM CARE FACILITIES AND RESIDENTS OF LONG

TERM CARE FACILITIES.

(1)Designated ombudsmen shall have access to long-term care facilities without notice between the hours of 8:00 a.m. and 8:00 p.m. Designated ombudsmen shall also have access between the hours 8:00 p.m. and 8:00 a.m. by prior arrangement with the facility administrator; or with good cause and 24 hours prior notice to the administrator or person in charge of the facility at the time the notice is given. Good cause means that study of a perceived problem requires the presence of an ombudsman in a facility at times other than from 8:00 a.m. and 8:00 p.m., and the study of the problem has been requested by a resident, resident's family, or resident's legal representative.

(2)Representatives of ombudsmen shall have access to long-term care facilities without prior notice between the hours of 8:00 a.m. and 8:00 p.m.

(3)The ombudsman, unimpeded and unaccompanied (unless the ombudsman so requests) by staff of the long-term care facility, may proceed to visit privately with residents of the facility. The ombudsman shall announce his presence before entering the room of any resident. Residents may refuse or terminate any visit.

(4)If a resident's room does not permit private consultation to occur between the ombudsman and resident, or if such consultation infringes the rights of roommates, the ombudsman or his delegate should request, and facility must provide, an appropriate private place for such a meeting.

Ombudsmen may also meet with residents in common areas of facilities unless such meetings infringe upon the privacy or other rights of other residents.

(5)The ombudsman's continued presence in the facility and with a resident or residents shall be at the pleasure of the resident(s) or their legal representative. Only resident(s) may refuse or terminate visits from an ombudsman or ombudsman representative, consistent with inherent constitutional rights of all citizens.

(6)Ombudsmen shall identify themselves to the responsible facility representative when arriving at any long-term care facility and shall notify a facility representative of their departure. Upon request by the responsible facility representative, the ombudsmen shall provide identification provided by the state agency on aging.

(7)Facility staff may refuse or terminate an ombudsman visit when such a visit is a direct threat to the health and safety of the resident as documented by his/her physician in the resident's medical record. An exception to this rule occurs when the resident, willfully and knowingly, with full information related to his/her medical condition, waives medical advice and chooses to meet the ombudsman in spite of the risk. In such situations, the facility may request the resident to sign an appropriate written statement in which he/she takes responsibility for his/her actions. Nothing in this rule is intended to restrict in any way the right of residents to seek legal assistance through any persons of their choice.

History

• Authority: T.C.A. §14—6—105.
• Administrative History: Original rule filed April 26, 1983; effective May 26, 1983.

Tenn. Comp. R. & Regs. 0030-01-09-.03 ACCESS TO RESIDENT RECORDS

(1)Designated ombudsmen shall have access to a resident's personal, medical, and financial records under the following conditions:

(a)The ombudsman shall be in the process of assisting a resident with the resolution of a specific problem situation.

(b)Except as set out in paragraph (d) below, the ombudsman shall obtain and supply to the facility the written permission, Authority, or consent of the resident (or his/her legal representative) whose records are to be inspected prior to reviewing those records.

Requests for or inspection of records shall not conflict with any other state or federal law regarding said program.

(c)Request to inspect resident records shall be made during ordinary business hours of the facility, except in emergency situations where delay might adversely affect the health, safety, or welfare of the resident. Requested information must relate directly to the specific complaint.

(d)In situations where a resident or his/her legal representative cannot give consent, ombudsmen may secure information in personal, medical, or financial records of residents by: 1.Arranging for the records to be reviewed by authorized personnel of the state licensing authorities for purposes of verifying or disclosing the existence of problems associated with the complaint; or 2.Requesting that the Attorney General take appropriate legal action to secure information in resident records.

(e)Information from resident records to support investigations regarding general conditions of the facility may be obtained by arranging for inspection of the records by authorized personnel of the state licensing and inspection authorities.

(f)Upon reasonable advance notice, the facility shall, at a reasonable charge, provide copies of resident records to the ombudsman when all the aforementioned conditions have been met.

(g)The right of access by ombudsmen to a particular resident's records under the aforesaid conditions does not in any manner imply general access to all residents' personal, medical, and financial records; nor does it authorize access to records against the wishes of a resident.

History

• Authority: T.C.A. §14—6—105.
• Administrative History: Original rule filed April 26, 1983; effective May 26, 1983.

Chapter 0030-01-10 Repealed

Tenn. Comp. R. & Regs. 0030-01-10-.01 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 52-1-104, 52-1-105, 52-1-107, 52-8-202, 71-2-104(a), and 71-2-105 and 42 U.S.C. § 3025.
• Administrative History: Original rule filed July 6, 1982; effective August 6, 1982. Amendment filed June 26, 1990; effective August 10, 1990. Amendment filed October 21, 1991; effective January 29, 1992. Amendments filed February 28, 2006; effective June 28, 2006. Amendment filed July 26, 2006; effective October 9, 2006. Amendments filed March 11, 2020; effective June 9, 2020. Repeal filed September 26, 2025; effective December 25, 2025.

Chapter 0030-01-11 Unlicensed Facility Registry

Tenn. Comp. R. & Regs. 0030-01-11-.01 PURPOSE

The purpose of the Unlicensed Facility Registry is to notify the public of those individuals operating facilities which Tennessee State Government Agencies have determined require licensure. These unlicensed residential facilities are operating without the appropriate licensure by Tennessee State Government Agencies and are providing care to vulnerable Tennesseans without complying with the necessary licensure statutes and regulations in the State of Tennessee. The purpose of this Registry is to inform and protect the public. These rules outline procedures for reporting to the Registry and for seeking removal from the Registry after a facility has obtained licensure. Operation of an unlicensed facility after receiving notice of placement on the Registry is a Class D felony. The rules outline the Registry’s injunctive authority and also address when a referral may be made for criminal prosecution.

History

• Authority: T.C.A. § 71-2-118 and 2022 Tenn. Pub. Ch. No. 1081.
• Administrative History: Emergency rules filed July 1, 2022; effective through December 28, 2022. New rules filed September 30, 2022; effective December 29, 2022.

Tenn. Comp. R. & Regs. 0030-01-11-.02 SCOPE OF RULES

(1) These rules shall apply to the:

(a) Unlicensed facilities which have been deemed to require licensure under T.C.A. §§ 68- 11-213 or 33-2-405;

(b) Notifications of intent to place any person who has been identified by a State Government Agency as operating an unlicensed facility that has been found to be in violation of T.C.A. §§ 68-11-213 or 33-2-405;

(c) Referrals made to the Executive Director for placement on the Registry from State Government Agencies;

(d) Notification to the individual of the individual or facility’s inclusion on the Registry;

(e) Requests for removal from the Registry;

(f) Requests for injunctive relief; and (g) Referrals for criminal prosecution.

(2) Due Process.

(a) Notice and opportunity to be heard will be accorded to an individual based on each State Government Agency’s standard procedures.

(b) The Registry’s administrative due process consists of contested case hearings and appeals conducted according to the procedures set forth in the Uniform Administrative Procedures Act, as set forth in T.C.A. Title 4, Chapter 5, Part 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq.

History

• Authority: T.C.A. § 71-2-118 and 2022 Tenn. Pub. Ch. No. 1081.
• Administrative History: Emergency rules filed July 1, 2022; effective through December 28, 2022. New rules filed September 30, 2022; effective December 29, 2022.

Tenn. Comp. R. & Regs. 0030-01-11-.03 DEFINITIONS

(1) “Elderly person” means a person sixty (60) years of age or older.

(2) “Executive Director” means the executive director of the Tennessee Commission on Aging and Disability.

(3) “Court” means any state or federal court.

(4) “Designee” means the designee of the Executive Director of the Tennessee Commission on Aging and Disability.

(5) “Facility” means any facility licensed pursuant to T.C.A. §§ 68-11-213 or 33-2-405.

(6) “Finding” means a determination by a State Government Agency that a facility has been operating without a license in violation of T.C.A. §§ 68-11-213 and/or 33-2-405.

(7) “Owner or Operator” means any person who owns, leases, operates, controls, or supervises a facility.

(8) “Petitioner” means an individual seeking removal from the Registry.

(9) “Registry” means the Registry maintained by the Executive Director of the Commission on Aging and Disability pursuant to T.C.A., Title 71, Chapter 2, Part 1, containing the names of any persons who, after receiving notice and opportunity to be heard, have been determined by a State Government Agency to be in violation of T.C.A. §§ 68-11-213 or 33-2-405.

(10) “State Government Agency” means an agency of Tennessee state government and its successor agency, including, but not limited to:

(a) The Department of Intellectual and Developmental Disabilities;

(b) The Department of Mental Health and Substance Abuse Services;

(c) The Department of Human Services, including the division of Adult Protective Services;

(d) The Department of Commerce and Insurance, including the State Fire Marshal’s Office;

(e) The Tennessee Bureau of Investigation;

(f) The Bureau of TennCare;

(g) The Department of Health; and (h) The Health Facilities Commission.

(11) “Vulnerable person,” or “vulnerable individual,” means a person eighteen (18) years of age or older who, by reason of advanced age or other physical or mental condition, is deemed by a State Government Agency to be vulnerable.

History

• Authority: T.C.A. § 71-2-118 and 2022 Tenn. Pub. Ch. No. 1081.
• Administrative History: Emergency rules filed July 1, 2022; effective through December 28, 2022. New rules filed September 30, 2022; effective December 29, 2022.

Tenn. Comp. R. & Regs. 0030-01-11-.04 UNLICENSED FACILITY OPERATION REFERRALS

(1) A State Government Agency that makes a Finding shall notify the Executive Director within five (5) business days of the completion of due process for placement on the Registry. Due process is considered completed when an individual has fully exhausted all administrative and judicial remedies in accordance with the referring State Government Agency’s standard procedures and, if applicable, the Uniform Administrative Procedures Act, as set forth in T.C.A. Title 4,

Chapter 5, Part 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq. This provision shall not apply to placement on the Registry by criminal disposition or judicial order in accordance with T.C.A. Title 71, Chapter 2, Part 1.

(2) Referrals for placement on the Registry by other State Government Agencies shall include the following prerequisites, unless release of such information is prohibited by applicable Federal or State law or regulation. The State Government Agency shall provide the Executive Director with the following:

(a) The name of the facility;

(b) The names of the facility’s Owners or Operators;

(c) The physical location or mailing address of the facility;

(d) A citation to the statutory or regulatory authority used by the State Government Agency in making the Finding;

(e) Other information that the State Government Agency deems necessary to adequately identify the facility to the public;

(f) The identity of the complainant, which shall remain confidential;

(g) Information regarding the investigation and substantiation of the allegation or findings of the State Government Agency, examples of which may include the investigative report, investigative summary, documents, witness statements or other evidence supporting the allegations or findings of the agency, unless release of such information is prohibited by applicable Federal or State law or regulation; and (h) An attestation that the requirements set forth in 0030-01-11-.04(1) have been met.

(3) Referrals for placement on the Registry, including supporting documentation, by other State Government Agencies must be sent to the Executive Director by:

(a) Email to unlicensed.facility@tn.gov; or (b) Certified Mail, FedEX, or UPS.

History

• Authority: T.C.A. § 71-2-118 and 2022 Tenn. Pub. Ch. No. 1081.
• Administrative History: Emergency rules filed July 1, 2022; effective through December 28, 2022. New rules filed September 30, 2022; effective December 29, 2022.

Tenn. Comp. R. & Regs. 0030-01-11-.05 PLACEMENT ON THE REGISTRY

(1) The Executive Director shall place the following information on the Tennessee Commission on Aging and Disability’s Unlicensed Facility Registry within five (5) business days of receiving notice of a Finding from a State Government Agency:

(a) The name of the facility;

(b) The names of the facility’s Owners or Operators;

(c) The physical location or mailing address of the facility;

(d) A citation to the statutory or regulatory authority used by the State Government Agency in making the Finding; and (e) Other information that the State Government Agency deems necessary to adequately identify the facility to the public.

(2) The Executive Director shall notify the person or facility in writing, based on the mailing address provided by the State Government Agency, within three (3) business days of publication on the Registry. Such notice will be sent by Certified Mail, FedEX, or UPS. If an email address of an Owner or Operator of the facility is provided to the Executive Director, notice may also be sent via email to the Owner or Operator. At a minimum, this notice must contain:

(a) Notification that the individual has been published on the Registry for operating an unlicensed facility;

(b) The allegations supporting the Finding that the individual has operated an unlicensed facility;

(c) Notification that the individual may, within thirty (30) days of the date of the notice, request an administrative hearing to contest being published on the Registry by submitting a written request to the Executive Director or the Executive Director’s designee to unlicensed.facility@tn.gov; and (d) Notice that the hearing will be a contested case hearing which will be conducted pursuant to the Tennessee Administrative Procedures Act, set forth in T.C.A. Title 4, Chapter 5,

Section 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq., and that the individual may be represented by an attorney at his or her own expense.

(3) Appeals in contested cases by the Registry.

(a) Notice of Hearing. Notice of Hearing will be provided and served in compliance with Tennessee Administrative Procedures Act, set forth in T.C.A. Title 4, Chapter 5, Section 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq.

(b) Initial Order. The administrative judge or hearing officer will issue an Initial Order which automatically becomes the Final Order fifteen (15) days after it is issued unless:

1. The Executive Director or the Executive Director’s designee receives a petition for appeal stating the basis for the appeal within fifteen (15) days after the entry of the Initial Order. A Final Order will not be issued until the Executive Director or his designee has reviewed the Initial Order. A petition for appeal must be filed within the Administrative Procedures Division of the Secretary of State; or 2. A party files a petition for reconsideration of this Initial Order, stating the specific reasons why the Initial Order was in error, within fifteen (15) days after the Initial Order’s entry. This petition must also be filed with the Administrative Procedures Division as listed above.

2. A petition for reconsideration is deemed denied if no action is taken within twenty (20) days of filing.

3. A new fifteen (15) day period for the filing of an appeal with the Registry starts to run from the entry date of an order disposition of a petition for reconsideration, or from the twentieth (20th) day after filing of the petition, if no order is issued.

4. A party may petition the Registry for a stay of the Initial Order within seven (7) days after the entry of the Initial Order.

(c) Final Order.

1. Within fifteen (15) days after the Initial Order becomes a Final Order, a party may file a petition for reconsideration of the Final Order with the Executive Director or Executive Director’s designee, in which the petitioner shall state the specific reasons why the Initial Order was in error.

2. If no action is taken by the Executive Director or Executive Director’s designee within twenty (20) days of filing of the petition, it is deemed denied.

(d) Judicial Review.

1. If the individual is aggrieved with the outcome of a contested case hearing, the individual may seek judicial review of the Final Order by filing a petition for review in Chancery Court within sixty (60) days after the entry of a Final Order, or if a petition for reconsideration is granted, within sixty (60) days of the entry date of the Final Order disposing of the petition.

2. The filing of a petition for reconsideration does not extend the sixty (60) day period for judicial review, if the petition for reconsideration is not granted.

History

• Authority: T.C.A. §§ 4-5-301, et seq., 4-5-315, 4-5-316, 4-5-317, 4-5-322, and 71-2-118; and 2022 Tenn. Pub. Ch. No. 1081.
• Administrative History: Emergency rules filed July 1, 2022; effective through December 28, 2022. New rules filed September 30, 2022; effective December 29, 2022.

Tenn. Comp. R. & Regs. 0030-01-11-.06 REQUESTS FOR REMOVAL FROM THE REGISTRY

(1) A State Government Agency that notified the Executive Director of a Finding may later recommend to the Executive Director the removal of a person or facility’s information from the Registry, if:

(a) The State Government Agency finds that the original notice to the Executive Director was in error; or (b) The facility has applied for and obtained the necessary licensure, and the State Government Agency provides the facility’s license number and the date of licensure.

(2) A State Government Agency must send a recommendation of removal from the Registry to the Executive Director by:

(a) Email to unlicensed.facility@tn.gov; or (b) Certified Mail, FedEX, or UPS.

(3) The decision and the written recommendations of the State Government Agency shall be open for public inspection, after redactions are made to comply with applicable confidentiality law.

History

• Authority: T.C.A. § 71-2-118 and 2022 Tenn. Pub. Ch. No. 1081.
• Administrative History: Emergency rules filed July 1, 2022; effective through December 28, 2022. New rules filed September 30, 2022; effective December 29, 2022.

Tenn. Comp. R. & Regs. 0030-01-11-.07 INJUNCTIVE AUTHORITY AND REFERRALS FOR CRIMINAL PROSECUTION

(1) Following the contested case, if the Executive Director finds that the person or facility was appropriately placed on the Registry and was in operation after receiving notice, then the Executive Director may seek injunctive relief in Davidson County Chancery Court.

(2) On or after July 1, 2022, it is unlawful for a person or facility to operate a facility after notification of publication on the Registry. A violation of T.C.A. § 71-2-118(f) is a Class D felony.

(3) In addition to seeking injunctive relief, if the Executive Director finds that the facility is in operation after receiving notice of publication on the Registry, a referral may be made to the District Attorney of that geographic area notifying them of the unlicensed operation and providing them with a copy of the notice and publication on the Registry.

History

• Authority: T.C.A. § 71-2-118 and 2022 Tenn. Pub. Ch. No. 1081.
• Administrative History: Emergency rules filed July 1, 2022; effective through December 28, 2022. New rules filed September 30, 2022; effective December 29, 2022.

Chapter 0030-02-01 State-Funded Home and Community Based Services for Elderly and Disabled Adults

Tenn. Comp. R. & Regs. 0030-02-01-.01 PURPOSE

The purpose of this rule is to implement the state-funded long-term care home and community based services program authorized by T.C.A. Section 71-5-1416 which is intended to serve individuals who are at least sixty (60) years of age or adults who have a disability due to a physical impairment, who do not qualify for long-term care services under the state medical assistance program, who are found to be at risk of losing their independence and for which there is no other resource available. Adult protective service clients have priority for these services.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 71-2-105(b)(1); 71-5-1408; 71-5-1416; 71-5-1707(i); and 71-5- 2007.
• Administrative History: Original rule filed May 4, 2001; effective July 18, 2001. Amendments filed March 11, 2020; effective June 9, 2020.

Tenn. Comp. R. & Regs. 0030-02-01-.02 COST SHARING AND PARTICIPANT CONTRIBUTION REQUIREMENTS

(1) Each Area Agency on Aging and Disability shall adhere to these cost sharing requirements for recipients of services funded in whole or in part through the Home and Community Based Services for Elderly and Disabled Adults Program funded through the Commission on Aging and Disability who can pay all or a portion of the cost of the services rendered.

(2) Each Area Agency on Aging and Disability shall utilize a sliding fee scale to determine the amount a consumer of service must pay toward the cost of services the recipient receives, except that no cost sharing shall be required for home-delivered meals which are eligible for USDA reimbursement or for services funded in part with monies from a federal funding source that prohibits mandatory cost sharing.

(3) Except as otherwise provided, the cost sharing policies developed by the Tennessee Commission on Aging and Disability shall utilize the following sliding fee scale:

(a) Consumers with income less than two-hundred percent (200%) of the Federal Benefit Rate shall not be required to contribute toward the cost of services they receive.

(b) Consumers with income at or above two-hundred percent (200%) of the Federal Benefit Rate shall be required to contribute a percentage of the cost of the services they receive (see Cost Share guidelines), but the cost share requirement shall not exceed forty-five percent (45%) of their income.

(c) Recipients with incomes greater than six-hundred (600%) of the Federal Benefit Rate may receive information and assistance, including referrals to service providers, but shall be required to contribute one-hundred (100%) of the cost of any additional services they receive.

(4) These cost sharing policies shall ensure that each Area Agency on Aging and Disability will:

(a) Provide applicants of service with a written description of the cost sharing guidelines prior to the commencement of any services;

(b) Determine the cost share amount based solely on the self-declaration of income with no consideration of assets;

(c) Collect consumer’s cost share obligations utilizing an invoice format at least quarterly;

(d) Issue a receipt of payment to any consumer of service making a payment pursuant to these policies;

(e) Safeguard all funds collected through the cost sharing process including a record of accounts receivable for each consumer;

(f) Use methods for receiving cost share payments and contributions that protect the privacy of each consumer with respect to the amount contributed;

(g) Make a good faith effort to collect cost sharing obligations from consumers of service where feasible and cost effective. If the Area Agency on Aging and Disability finds that collecting a given amount is not cost effective, the Area Agency on Aging and Disability may waive this amount;

(h) Be able to adjust the cost share responsibility for a consumer who is unable to comply with the cost share policy. This adjustment will be implemented on a case-by-case

basis.

(i) Ensure that consumers of service who are not required to pay a part of the cost share amount be given an opportunity to make a voluntary contribution toward the cost of service being provided.

(5) All income collected in accordance with these rules shall be utilized by Area Agencies on Aging to provide additional home and community-based services.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 71-2-105(b)(1); 71-5-1404(a); 71-5-1408; 71-5-1416; 71-5- 1419(a)(5); 71-5-1707(i); and 71-5-2007 and 42 U.S.C.A. § 3030 c-2.
• Administrative History: Original rule filed May 4, 2001; effective July 18, 2001. Amendment filed May 23, 2005; effective August 6, 2005. Amendments filed March 11, 2020; effective June 9, 2020.

Tenn. Comp. R. & Regs. 0030-02-01-.03 INTRASTATE ALLOCATION FORMULA

(1) Each Area Agency on Aging and Disability shall receive a base award of $50,000. The remainder of the funds will be equitably distributed between urban and rural areas. The formula for fund distribution will be according to each region’s share of the state’s population age 18 and over with self-care limitations, and according to the limitations set forth in Rule 0030-01-10-.01(1)(e).

(2) The formula will be reviewed and updated as often as necessary and reviewed and updated when a state plan is submitted to the Administration for Community Living.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 71-2-105(b)(1); 71-5-1408; and 71-5-1416.
• Administrative History: Original rule filed May 4, 2001; effective July 18, 2001. Amendment filed June 28, 2002; effective September 11, 2002. Amendments filed March 11, 2020; effective June 9, 2020.

Tenn. Comp. R. & Regs. 0030-02-01-.04 MAXIMUM UNIT COST FOR SERVICES

(1) In each planning and service area (PSA), the contract average cost of a unit of service for home and community based long-term care services authorized by T.C.A. § 71-5-1416 cannot exceed one hundred-twenty percent (120%) of the cost of that unit amount as approved by the Division of TennCare under the Section 1115 Demonstration Waiver of the Medicaid State Plan for an identical service as described by the Waiver.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 71-2-105(b)(1); 71-5-1408; and 71-5-1416.
• Administrative History: Original rule filed June 28, 2002; effective September 11, 2002. Amendments filed March 11, 2020; effective June 9, 2020.

Chapter 0030-02-02 Repealed

Tenn. Comp. R. & Regs. 0030-02-02-.01 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 52-1-104, 52-1-105, 52-1-107, 52-8-202, 71-2-105(b)(1), and 71-5-1408(d) and (e).
• Administrative History: Original rule filed April 15, 2004; effective June 29, 2004. Repeal filed September 26, 2025; effective December 25, 2025.

Tenn. Comp. R. & Regs. 0030-02-02-.02 REPEALED

History

• Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 52-1-104, 52-1-105, 52-1-107, 52-8-202, 71-2-105(b)(1), 71-5-1402(e)(10) and (11), and 71-5-1408(d) and (e); 42 U.S.C. § 3026(a)(8); and 42 U.S.C. § 3026(a)(8)(C)(i)-(iii).
• Administrative History: Original rule filed April 15, 2004; effective June 29, 2004. Repeal filed September 26, 2025; effective December 25, 2025.