Tenn. Comp. R. & Regs. 0940-01-07-.02

Current through June 10, 2024

Section 0940-01-07-.02 - SCOPE

(1) This chapter applies to all licensees of the Department for resolution of conflict(s) between a service recipient and a service provider.

(a) Conflicts include, but are not limited to:

1. Health and safety concerns;

2. Accessibility of service location;

3. Provision or termination of services and supports except when a service or support is terminated because a third party payer refuses to continue to fund the service or support; and

4. When the parent, legal guardian, legal custodian, legal caregiver of a child, 16 years of age or older with serious emotional disturbance or mental illness, believes that the child's decision to terminate treatment will have severe, adverse effects on the child.

(b) This conflict resolution process does not apply to:

1. Grievances related to the family support program under T.C.A. § 33-5-209;

2. Location of service or support unless the location is inaccessible to the service recipient and/or service recipient's family, as appropriate;

3. Request for discharge from a voluntary admission under T.C.A. § 33-6-201 et seq.;

4. Decisions of an inpatient mental health facility's treatment review committee under T.C.A. § 33-6-107;

5. Decisions of a developmental disability service provider's behavior support committee and/or human rights committee;

6. Commitment for involuntary treatment and/or mandatory outpatient treatment;

7. Administration of electroconvulsive therapy or other convulsive therapy to a child;

8. Rights under federal or other state laws, rules or court decisions; and

9. Termination of service or support because a third party payer refuses to continue to fund the service or support.

Tenn. Comp. R. & Regs. 0940-01-07-.02

Original rule filed January 31, 2006; effective April 16, 2006.

Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-302, 33-1-305, 33-1-309, 33-2-601 et seq., 33-6-206, and 33-8-202.