Section 0720-35-.05 - ADMISSIONS, DISCHARGES, AND TRANSFERS(1) Consumers shall be accepted to receive professional support services on the basis of a reasonable expectation that the consumer's nursing and therapy needs can be met adequately by the agency.(2) Professional support services shall be provided as prescribed by the attending physician. The plan for providing professional support services and the expected outcomes shall be incorporated into the consumer's plan of care or individual support plan.(3) The agency staff shall determine if the consumer's needs can be met by the agency's services and capabilities.(4) Every person admitted for professional support services by any agency covered by these rules shall be provided services as prescribed by the consumer's physician, as defined in this chapter, who holds a license in good standing. The name of the consumer's attending physician shall be recorded in the consumer's medical record.(5) The agency staff shall obtain the consumer's or his/her designee's written consent for professional support services.(6) The signed consent form shall be included with the consumer's individual clinical record.(7) A diagnosis must be entered in the admission records of the agency for every person admitted for care or treatment.(8) No medication or treatment shall be provided to any consumer of an agency except on the order of a physician lawfully authorized to give such an order.(9) A medical record shall be developed and maintained for each consumer admitted.(10) The agency's discharge planning process, including discharge policies and procedures, must be in writing and follow the guidelines established in the written agreement between the agency and the Department of Intellectual and Developmental Disabilities (DIDD). If the agency determines that they are no longer willing or able to provide services, they must comply with the following:(a) Prior to discontinuation of authorized services, the agency shall obtain approval from the DIDD;(b) The agency shall notify the consumer, their conservator or guardian, the support coordinator, and DIDD no less than sixty (60) days prior to the planned discharge;(c) If the consumer or his/her representative request an appeal in accordance with T.C.A. §§ 33-2-601, et seq., the discharge will not occur prior to the final agency decision and resolution of the administrative appeal unless ordered by a court and approved by the state;(d) The agency shall continue to provide services until the consumer is provided with other services that are of acceptable and appropriate quality in order to maintain continuity of care; and(e) If the consumer or his/her representative request to be discharged from the agency, the agency will follow the steps as outlined above and provide transfer documentation to new provider, if requested, in order to maintain continuity of care and facilitate transfer.(11) The agency shall ensure that no person on the grounds of race, color, national origin or handicap, will be excluded from participation in, be denied benefits of, or otherwise subjected to discrimination in the provision of any care or service of the agency. The agency shall protect the civil rights of residents under the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973.Tenn. Comp. R. & Regs. 0720-35-.05
Original rule filed January 24, 2003; effective April 9, 2003. Amendments filed July 10, 2018; effective October 8, 2018. 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, 68-11-202, and 68-11-209.