Section 0720-35-.02 - LICENSING PROCEDURES(1) No person, partnership, association, corporation, or state, county or local government unit, or any division, department, board or agency thereof, shall establish, conduct, operate, or maintain in the State of Tennessee any home care organization providing professional support services without having a license. A license shall be issued only to the person or persons named and only for the premises listed in the application for licensure. The name of the home care organization providing professional support services shall not be changed without first notifying the department in writing. Licenses are not transferable or assignable and shall expire and become invalid annually on the anniversary date of their original issuance. The license shall be conspicuously posted in the home care organization providing professional support services.(2) In order to make application for a license:(a) The applicant shall submit an application on a form prepared by the department.(b) The home care organization must maintain a contract with the Department of Intellectual and Developmental Disabilities (DIDD). Failure to maintain this contract is a violation of this rule and will subject the license of the home care organization to disciplinary action.(c) Home care organizations authorized to provide only professional support services shall pay an annual fee of one thousand four hundred and four dollars ($1,404.00), except that this annual fee shall be three hundred and fifty-one dollars ($351.00) for (i) home care organizations that also pay a fee to be licensed by the Department of Intellectual and Developmental Disabilities; (ii) home care organizations owned and operated by therapists who pay a fee to be licensed under Title 63, Chapter 13 or 17; or (iii) home care organizations that are owned and controlled by another home care organization that pays an annual license fee of at least one thousand four hundred and four dollars ($1,404.00). The fee must be submitted with the initial application or renewal application and is not refundable.(d) The issuance of an application form is in no way a guarantee that the completed application will be accepted or that a license will be issued by the department. Consumers shall not be admitted to the agency until a license has been issued. Applicants shall not hold themselves out to the public as being an agency until the license has been issued. A license shall not be issued until the agency is in substantial compliance with these rules, including submission of all information required by T.C.A. § 68-11-206(1) or as later amended, and all information required by the Commissioner.(e) The applicant must prove the ability to meet the financial needs of the agency providing professional support services.(f) The applicant shall not use subterfuge or other evasive means to obtain a license, such as filing for a license through a second party when an individual has been denied a license or has had a license disciplined or has attempted to avoid inspection and review process.(g) The applicant shall allow the home care organization providing professional support services to be inspected by a Department surveyor. In the event that deficiencies are noted, the applicant shall submit a plan of corrective action to the Board that must be accepted by the Board. Once the deficiencies have been corrected, then the Board shall consider the application for licensure.(3) A proposed change of ownership must be reported to the department a minimum of thirty (30) days prior to the change. A new application and fee must be received by the department before the license may be issued. (a) For the purposes of licensing, the licensee of an agency has the ultimate responsibility for the operation of the agency, including the final authority to make or control operational decisions and legal responsibility for the business management. A change of ownership occurs whenever this ultimate legal authority for the responsibility of the agency's operation is transferred.(b) A change of ownership occurs whenever there is a change in the legal structure by which the facility is owned and operated and any ownership interest of the preceding or succeeding entity changes.(c) Transactions constituting a change of ownership include, but are not limited to, the following:1. Transfer of the facility's legal title;2. Lease of the facility's operation;3. Dissolution of any partnership that owns, or owns a controlling interest in, the facility;4. One partnership is replaced by another through the removal, addition or substitution of a partner;5. Merger of a facility owner (a corporation) into another corporation where, after the merger, the owner's shares of capital stock are canceled;6. The consolidation of a corporate facility owner with one or more corporations; or,7. Transfers between levels of government.(d) Transactions which do not constitute a change of ownership include, but are not limited to, the following:1. Changes in the membership of a corporate board of directors or board of trustees;2. Two (2) or more corporations merge and the originally-licensed corporation survives;3. Changes in the membership of a non-profit corporation;4. Transfers between departments of the same level of government; or,5. Corporate stock transfers or sales, even when a controlling interest.(e) Management agreements are generally not changes of ownership if the owner continues to retain ultimate authority for the operation of the facility. However, if the ultimate authority is surrendered and transferred from the owner to a new manager, then a change of ownership has occurred.(f) Sale/lease-back agreements shall not be treated as changes in ownership if the lease involves the facility's entire real and personal property and if the identity of the leasee, who shall continue the operation, retains the same legal form as the former owner.(4) Renewal. (a) In order to renew a license, each home care organization providing professional support services shall submit to periodic inspections by Department surveyors for compliance with these rules. If deficiencies are noted, the licensee shall submit an acceptable plan of corrective action and shall remedy the deficiencies. In addition, each licensee shall submit a renewal form approved by the board and applicable renewal fee prior to the expiration date of the license.(b) If a licensee fails to renew its license prior to the date of its expiration but submits the renewal form and fee within sixty (60) days thereafter, the licensee may renew late by paying, in addition to the renewal fee, a late penalty of one hundred dollars ($100) per month for each month or fraction of a month that renewal is late; provided that the late penalty shall not exceed twice the renewal fee.(c) In the event that a licensee fails to renew its license within the sixty (60) day grace period following the license expiration date, then the licensee shall reapply for a license by submitting the following to the Board office:1. A completed application for licensure;2. The license fee provided in rule 0720-35-.02(2)(b); and3. Any other information required by the Health Services and Development Agency.(d) Upon reapplication, the licensee shall submit to an inspection of the facility by Department of Health surveyors.Tenn. Comp. R. & Regs. 0720-35-.02
Original rule filed January 24, 2003; effective April 9, 2003. Amendment filed May 27, 2004; effective August 10, 2004. Amendment filed January 19, 2007; effective April 4, 2007. Amendment filed July 18, 2007; effective October 1, 2007. Public necessity rules filed April 29, 2009; effective through October 11, 2009. Emergency rules filed October 9, 2009; effective through April 7, 2010. Amendment filed September 24, 2009; effective December 23, 2009. Amendment filed December 16, 2013; effective March 16, 2014. Amendments filed January 7, 2019; to have become effective April 7, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date June 6, 2019. Amendments filed March 26, 2019; effective June 24, 2019. Transferred from chapter 1200-08-34 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.Authority: T.C.A. §§ 4-5-202, 4-5-204, 68-11-201, 68-11-202, 68-11-204, 68-11-206, 68-11-206(a)(5), 68-11-209, 68-11-209(a)(1), 68-11-210, and 68-11-216 and Chapter 846 of the Public Acts of 2008, § 1.