Section 0720-39-.04 - REFERRALS OF REPORTS OF ABUSE, NEGLECT, MISAPPROPRIATION, OR EXPLOITATION TO THE DEPARTMENT(1) The Department's Office of Health Care Facilities investigates and makes referrals to the Registry based on its investigation of reports of abuse, neglect, or misappropriation of the property of vulnerable persons in facilities licensed or certified, pursuant to T.C.A. Title 68, Chapter 11, Part 2.(2) Any state government agency that finds that an individual has committed abuse, neglect, misappropriation, or exploitation of the property of a vulnerable person shall refer the individual to the Department for placement on the Registry within one hundred eighty (180) days of the completion of due process, unless release of such information is prohibited by applicable state or federal law. 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 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 68, Chapter 11, Part 10.(3) Referrals for placement on the Registry by other state government agencies shall include the following prerequisites. (a) The applicable definition of vulnerable person, as set forth in 0720-39-.02(17);(b) The location and/or facility where the abuse, neglect, misappropriation, or financial exploitation occurred;(c) The identity of the caregiver or alleged perpetrator including:1. Name, street address, phone number, license or certificate number (if applicable), and other identifying contact information; and2. Date of birth and social security number.(d) The nature and extent of the abuse, neglect, misappropriation, or exploitation and the applicable definition from the reporting agency of abuse, neglect, misappropriation, or exploitation according to the state government agency's procedures and definitions.(e) The identity of the complainant which shall remain confidential;(f) Information regarding the investigation and substantiation of the allegation or findings of the 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.(g) A statement summarizing the facts demonstrating that the person to be placed on the Registry received notice and an opportunity to show that he or she should not be placed on the Registry. The statement must include: 1. Emergency, initial, or final administrative orders by a state government agency;2. Evidence of service of process meeting the requirements of Tenn. Comp. R. & Regs. 1360-04-01-.06(3); or3. In the case of a criminal disposition, a copy of the criminal disposition from the Tennessee Bureau of Investigation, or other federal, state, or local law enforcement agency, court, or criminal justice agency, verifying that a criminal disposition against the named individual was the result of an offense against a vulnerable person.(h) Any state government agency making referral to the Registry shall include an attestation that the requirements set forth in 0720-39-.04(3) (a-g) have been met.(i) A letter notifying the individual that the individual has been placed on the Registry will be sent to the individual's last known mailing address by United States Postal Service First Class mail and by Certified Mail.Tenn. Comp. R. & Regs. 0720-39-.04
Original rules filed September 28, 2016; effective December 27, 2016. Transferred from chapter 1200-08-38 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.Authority: T.C.A. §§ 68-11-211 and 68-11-1003 and 42 U.S.C.A. § 5106a.