Section 0720-41-.04 - TYPES OF CIVIL PENALTIES(1) A Type I civil penalty may be assessed if the health care facility engages in discrimination which impacts negatively on the health, safety and welfare of multiple minority patients. Examples of practices which may lead to the imposition of a Type I civil penalty are:(a) Denying persons admission to the facility on the basis of race, color, and national origin, or method of payment as provided by state or federal law, rules or regulations.(b) Transferring multiple patients from one room to another on the basis of racial or source of payment considerations (except for affirmative action remedies which pose no risk to patients and as otherwise permitted by law).(c) Clustering patients on the basis of race, color, or national origin or source of payment, except as otherwise permitted by law, on specific floors, sections, or wings of the facility.(d) Not admitting applicants to a facility on a first come first serve basis as required by State or Federal laws, rules or regulations.(e) Retaliating against residents or staff because of complaints made to the Department.(2) A Type II civil penalty may be assessed if the Health Care Facility engages in discrimination as defined by these rules, which impacts upon a single minority patient, and the facility refuses to correct the violation. Examples of practices which may lead to the imposition of a Type II civil penalty are: (a) Denial of admission of a single individual on the basis of race, color, or national origin or method of payment as provided by state or federal law or rules or regulations.(b) Assigning a room or transferring a single individual on the basis of race, color or national origin or method of payment contrary to state or federal law, rules or(c) Providing segregated services, e.g., beauty and barbershops, dining rooms, lounges.(d) Denial of an individual the opportunity to participate on a planning or advisory board on the basis of race, color, national origin, or method of payment as required by state or federal law, rules or regulations.(e) Retaliating against an individual resident or staff member because of complaints made in good faith to the Department.(3) A Type II civil penalty may be assessed for civil rights violations that do not directly involve a specific individual. Examples which may lead to a Type III civil penalty may include: (a) Failure to develop and submit an acceptable plan of correction as required.(b) Failure to maintain and make available to the OCRC for the purpose of demonstrating compliance and upon request, all data and information necessary to determine the facility's compliance with Title VI.(c) Failure to notify, as required by state or federal law, rules or regulations, referral sources and the minority community that services are provided in a non-discriminatory manner.(d) Failure to display in prominent places the compliance statements required by state or federal law, rules or regulations.(e) Failure to make adequate or appropriate notification of the facility's commitment to providing services in a non-discriminatory manner as required by state or federal law, rules or regulations.(f) Failure to include a non-discriminatory statement in all vendor contracts and brochures and other information distributed to the public as required by state or federal law, rules or regulations.Tenn. Comp. R. & Regs. 0720-41-.04
Original rule filed February 22, 1991; effective April 8, 1991. Transferred from chapter 1200-24-03 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.Authority: T.C.A. §§ 4-3-1803(1), 4-5-209, 68-1-103(b), and 68-1-113.