Section 0940-01-07-.06 - PROCEDURES(1) Conflict resolution must not exceed two (2) steps to finality: an informal meeting under 0940-1-7-.06(10) and an appeal under 0940-l-7-.06(l 1).(2) A request for conflict resolution must be submitted to the licensee not more than thirty (30) calendar days after the occurrence of the matter which is the basis for the request.(3) Requests for conflict resolution must contain:(a) The basis for the request;(b) The corrective action desired by the service recipient or his/her legal representative: and(c) Sufficient facts or other information to begin the process.(4) A request may be submitted orally or in writing to the chief officer of the hcensee or designee of the chief officer. If the request is given orally, it must be documented in the service recipient's record. A written request must be filed in the service recipient's record. No request may be denied because a specific form adopted by a hcensee has not been used. (5) Conflict resolution proceedings may occur during business hours or at other mutually agreeable times.(6) Conflict resolution proceedings may be held at the hcensee's location or at a mutually agreed upon place convenient to all parties.(7) Any proceeding under this chapter may be conducted by telephone conference call, computer-aided meeting processes or other electronic means in which all parties can participate.(8) A service recipient or his/her legal representative may represent himself/herself in the procedure or may designate another person to speak on his/her behalf(9) If a service recipient or his/her legal representative intends to retain legal counsel,the service recipient or his/her legal representative must notilfy the licensee of the intent. If the service recipient or his/her legal representative retains legal counsel the licensee may also have legal counsel present during the proceeding.(10) The first step in the conflict resolution procedure must be an informal meeting of involved persons: (a) The informal meeting must be held no more than five (5) business days after the request.(b) The meeting must include an informal discussion of issues raised.(c) The outcome of the informal meeting must be documented in the service recipient's record with a copy of the outcome sent to all parties within two (2) business days after the meeting.(11) If the issue is not resolved during the informal meeting, the service recipient or his/her legal representative may request an appeal within five (5) business days of receipt of the documented outcome of the informal meeting.(12) The chief officer or his/her designee must hear the appeal within ten (10) business days of the request. (a) If the issue that is the basis for the request for conflict resolution directly involves the chief officer, a designee must be appointed.(b) The appeal must include an informal discussion of the request for conflict resolution, the facts, and the recommendations of the involved parties and other individuals as determined by the chief officer or designee. The rules of civil procedure, evidence and administrative procedures do not apply to the appeal.(c) The chief officer or designee must provide the parties a written statement of the resolution of the appeal within two (2) business days after the conclusion of the hearing. A copy of the written statement must be placed in the service recipient's record.(d) The decision of the chief officer or designee is final and may not be appealed.(13) By mutual consent of the service recipient or his/her legal representative and the chief officer or his/her designee, the time limits in this rule may be extended.(14) The chief officer of the licensee must retain, in a separate file, a copy of any request for use of conflict resolution, the outcome, and any supporting documentation.Tenn. Comp. R. & Regs. 0940-01-07-.06
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, 33-6-201 et seq., and 34-6-301 et seq.