Section 1240-07-10-.04 - REQUIREMENTS FOR LICENSURE AS AN ADULT DAY SERVICES CENTER(1) Annual License. (a) All adult day services centers are required by Tennessee law to be licensed by the Department.(b) Issuance of a license is not an endorsement of a specific method of providing care or of a center's operational philosophy.(2) Issuance of a license or any determination as to the status of an existing license is based upon the following criteria, in addition to other licensing regulations of the Department and licensing laws:(a) The safety, welfare, and best interests of the participants in the care of the center;(b) The capability, training, and character of the persons providing or supervising the care of the participant;(c) Evidence that the expected performance of the caregivers, supervisors or management of the adult day services center seeking initial licensure or renewal of licensure will be such as to protect the participant in care from injury, harm or the threat of injury or harm; or, during licensure, that the actual performance of any of the duties of caregivers, supervisors or management of a licensed adult day services center demonstrates or has demonstrated a level of judgment that a reasonable person would exercise or would have exercised, under existing or under reasonably foreseeable circumstances, that would prevent or would have prevented injury, harm or the threat of injury or harm, to any participant in care;(d) The quality of the methods of care and instruction provided for the participant;(e) The suitability of the facilities provided for the care of the participant; and(f) The adequacy of the methods of administration and the management of the adult day services center, the center's personnel policies, and the financing of the center.(3) The licensee must maintain compliance with the licensing criteria listed in paragraph (2) above, the adult day services licensing laws and these regulations throughout the licensing period.(4) Upon receipt of an application for a license, and throughout the temporary licensing period and during the licensing period, immediate access during operating hours to all areas of the adult day services facility shall be granted to all Department representatives and other inspection authorities (i.e., fire safety, sanitation, health, Adult Protective Services, etc.).(5) Posting of License. The license shall be posted in a conspicuous place where it can be readily seen by persons entering the Center.
(6) Scope of Licensed Operation. (a) Licensed capacity shall be designated on the license.(b) All programs shall operate within any restrictions stated on the license.(7) Multiple Adult Day Services Centers Operated by a Licensee at the Same Location. (a) An operator/owner who wishes to operate two (2) or more adult day services centers on the same property must meet the following requirements:1. The owner/operator must submit a separate application for each adult day services center.2. Each center must independently meet the requirements for a license, including: (i) Fire and environmental inspections; and(ii) Staffing ratios and group sizes.3. Each center must function as a stand-alone adult day services center, with separate staff.4. The director of an adult day services center serving multiple sites may serve no more than two (2) sites and must be present fifty percent (50%) of their working hours at each site.5. A center shall receive approval from the Department before sharing any facilities with any adult not enrolled in the center.(b) A participant may only receive adult day services at the center at which he/she is enrolled, and may not be transferred, moved or shuffled to another adult day services center operated at the same location.(c) An adult day services center shall not operate, at the same or contiguous physical location, as an unlicensed/exempt adult day services center unless approved by the Department. If an exempt or unlicensed adult day services center operates at the same location as a licensed adult day services center, the Department shall consider the exempt or unlicensed group a part of the licensed group unless otherwise approved by the Department.(d) An adult day services center shall not provide care to participants enrolled in the adult day services center at any location that has not been approved by the Department as adult day services space under the adult day services center's license, with the exception of field trips.(e) Actions to transfer participants to physical locations that are not approved by the Department as adult day services space under the adult day services center's license in an attempt to avoid any requirements for a license shall be deemed a violation of the adult day services licensing laws and regulations, and will subject the licensee to immediate legal action.(8) If, during any temporary or annual licensing period, the Department determines that one or more areas of operations of the adult day services center should be modified or discontinued, it may issue a restricted license limiting the adult day services center's authority to operate.(9) Denials, Revocations, and Suspensions of Licenses.(a) All or any part of the license may be revoked at any time upon sixty (60) days' notice to the licensee; or if the health, safety, or welfare of the participants in care imperatively requires, the license, and any operating authority granted by the license, may be suspended immediately. The process for summary suspension and the order and contesting a summary suspension is addressed in 1240-07-10-.16(5).(b) The Department may accept the licensee's written agreement to voluntarily suspend or surrender the center's license. The written agreement of the licensee to voluntarily surrender or suspend the license shall become effective immediately upon signature of the licensee or other center staff person with apparent authority, and shall act as a waiver of any revocation or suspension hearings regarding the license.(c) Appeals of a denial, revocation, suspension, or restriction of a license are governed by Chapters 1240-04-05 and 1240-05-13, T.C.A. § 71-2-408, and the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301 et. seq.(10) Falsification of Information. Falsification of any information as defined in 1240-07-10-.02(18) that is related to the operation of the adult day services center shall be grounds for suspension, denial, or revocation of a license.
Tenn. Comp. R. & Regs. 1240-07-10-.04
Original rule filed December 14, 1999; effective 2/27/2000. Repeal and new rule filed February 23, 2018; effective 5/24/2018. Amendments filed October 25, 2022; effective 1/23/2023.Authority: T.C.A. §§ 4-5-201, et seq.; 29-3-112; and 71-2-401, et seq.