Tennessee Code Title 68. Health, Safety and Environmental Protection § 68-11-816

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) Ten (10) working days after the nursing home's actual receipt of either the health facilities commission's detailed statement of the type B or type C penalty required by § 68-11-814, or the health facilities commission executive director's order suspending admissions to the nursing home and assessing a type A penalty, the nursing home shall either pay the penalty assessed or file with the health facilities commission an answer, demanding a contested case hearing.

(b) Should the nursing home fail to answer or to demand a hearing within five (5) working days of its actual receipt of the health facilities commission's notice, it shall be deemed to have waived its right to a hearing, and the civil penalty assessed shall then be due and payable.

(c)(1) Should the nursing home pay the penalty assessed on or before the day upon which its answer is due, the amount of the penalty shall be reduced by ten percent (10%).

(2) Such payment may be made under protest while contesting the assessment; and, if the case is dismissed and the penalty abated, the payment under protest shall be returned to the nursing home.

(d)(1) If a contested case is demanded after a nursing home is assessed a civil penalty, the health facilities commission shall file a notice of hearing under § 4-5-307 with the administrative procedures division of the office of the secretary of state within seven (7) working days of the nursing home's demand. All documents assessing civil penalties that have been appealed by the facility as a part of the contested case must be filed with the notice of hearing.

(2) The hearing must be conducted within thirty (30) calendar days of the health facilities commission's filing of a notice of hearing, unless otherwise agreed to by both parties.

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Cite this article: FindLaw.com - Tennessee Code Title 68. Health, Safety and Environmental Protection § 68-11-816 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-68-health-safety-and-environmental-protection/tn-code-sect-68-11-816/

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