Section 0940-05-06-.07 - MODIFICATION OR LIMITATION OF ALL CLIENTS' RIGHTS(1) The rights of all clients in a facility may only be modified or limited under the following conditions:(a) It is demonstrated and documented that a legitimate program purpose cannot reasonably be achieved without such modification or limitation;(b) No modification or limitation may be made solely for the convenience of facility staff or be more stringent than is necessary to achieve the demonstrated purpose;(c) Clients or representatives of clients, as appropriate, must be fully informed of proposed facility rules, policies or procedures modifying or limiting client rights, and of the reasons therefore and must be given an opportunity to object; to propose alternatives; and to consult with family, friends and/or advocacy agencies prior to their implementation;(d) Facility rules, policies or procedures which modify or limit client rights must be in writing and posted in a conspicuous place. If the clients receive services in their homes, they and/or their legally-appointed representative shall be provided with a written copy of the proposed rules, policies or procedures; and,(e) The facility is not a Medicaid-reimbursed home and community based service (HCBS) provider required to comply with the federal home-based and community-based setting final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014).Tenn. Comp. R. & Regs. 0940-05-06-.07
Original rule filed May 26, 1988; effective July 11, 1988. Amendment filed May 28, 2010; to have been effective August 26, 2010. Stay of amendment filed by the Tennessee Department of Mental Health and Developmental Disabilities on July 21, 2010; new effective date November 9, 2010. Withdrawal of amendment filed August 2, 2010. Amendment filed August 30, 2010; to have been effective January 29, 2011. Stay of amendment filed by the Tennessee Department of Mental Health and Developmental Disabilities on January 29, 2011; new effective date March 7, 2011. Withdrawal of amendment filed by the Department of Mental Health and Developmental Disabilities on February 25, 2011. Repeal and new rules filed November 30, 2016; effective 2/28/2017.Authority: T.C.A. §§ 4 -4-103, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, 33-2-405, 33-2-407, and 33-2-504.