Section 0465-02-19-.03 - POLICIES AND PROCEDURES(1) The licensee shall maintain a written policies and procedures manual which includes: (a) An organizational chart which clearly shows or describes the lines of authority;(b) A policy and procedure which ensure the confidentiality of the information of the person supported, and which includes the following provisions:1. The staff must comply with applicable confidentiality laws and regulations. (e.g., T.C.A. § 33-3-104) and the Health Insurance Portability and Accountability Act (HIPAA), found at 45 CFR, Part 160, Part 162, Part 164;2. Persons supported shall not be required to make public statements which acknowledge gratitude to the licensee or for the licensee's services;3. Persons supported shall not be required to perform in public gatherings; and4. Identifiable photographs of persons supported shall not be used without the written and signed consent of the person supported or his/her legal representative (conservator, parent, guardian, or legal custodian);(c) Policy and procedures to be followed in the reporting and investigation of suspected or alleged abuse or neglect of persons supported, or other critical incidents. The procedures shall include provisions for corrective action, if any, to be taken as a result of such reporting and investigation, and reporting to the Office of Risk Management and Licensure of the Department and any authority as required by law;(d) Policy and procedures to address caseload assignments and the maintenance of caseloads, including at times of a staff vacancy;(e) Policy and procedures that ensure the staff receive effective guidance, mentoring, and training including all training required by the Department. Effective training must include opportunities to practice support coordination duties in a manner that promotes development and mastery of essential job skills.(f) The licensee must ensure the person supported or his/her legal representative (conservator, parent, guardian, or legal custodian) is provided information and education regarding: 1. The types of services and programs available in the DIDD system;2. Rights and responsibilities of persons supported;3. Resolution processes including reporting abuse/neglect/exploitation, provider conflict resolution, DIDD and TennCare complaint resolution processes, and appeals processes.(g) A policy ensuring that employees practice infection control procedures and standard precautions that will protect the person supported from infectious diseases; and(h) Requirements that each employee comply with procedures for detection, prevention, and reporting of communicable diseases according to procedures of the Tennessee Department of Health.Tenn. Comp. R. & Regs. 0465-02-19-.03
New rules filed July 6, 2016; effective 10/4/2016.Authority: T.C.A. §§ 4-4-103, 4-5-202, 33-1-201, 33-1-302, 33-1-303, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, 33-2-407.