Section 1240-07-10-.06 - OWNERSHIP, ORGANIZATION AND ADMINISTRATION(1) Oversight.(a) Centers owned by a municipality, county, or non-profit corporation with ten (10) or more participants shall be operated by a governing board. 1. The governing board shall have at least four (4) members and shall meet at least annually with documented minutes of the meetings.2. The members of the governing board may include individuals who are recipients of the services of the adult day services center, relatives of such recipients, or representatives of community organizations with particular interest in programs for the elderly; and3. The members of the governing board may not include individuals who have any direct or indirect interest in any contract for supplying services to the adult day services center or have an immediate family member with any such interest.(b) For-profit centers shall be operated by the entity or individual applying for a license.(c) Oversight of an adult day services center shall include:1. Providing services described in the standards established by the Department.2. Establishing relationships with local service providers for the purposes of consultation and/or referral.3. Ensuring that adequate financing for the center's operation is maintained. Governing board minutes shall show evidence of financial review and be available to the licensing staff upon request.4. Establishing an evaluation system which considers the needs of participants, their caregivers, and effectively identifies and resolves problems.5. Maintaining compliance with Section 504 of the Federal Rehabilitation Act of 1973 and with the Americans with Disabilities Act (ADA) as well as any other applicable federal law.(2) Operating Procedures and Policies.(a) Each center shall establish written policies concerning admissions; discharges; fees; hours of operation; transportation, if applicable; personnel policies; plans for emergencies and disasters; and other policies as necessary.(b) Each center shall provide a copy of the personnel policies to all employees.(3) Philosophy and Goals. (a) A center shall develop, in writing, a philosophy and set of goals to provide for the health, safety, and supervision of adults.(b) A center's philosophy and goals may focus on a target population delineated by age group, type of impairment, medical handicap or other criteria, but may not discriminate against any participants because of age or disability.(c) A center shall develop a system for referring applicants that are deemed not appropriate for the program to other appropriate service providers such as the Area Agency on Aging and Disability, local 211 services, etc.(4) Multiple-Use Facilities. (a) A multiple-use facility such as, but not limited to, a hospital, nursing home, home for the aged, assisted-care living facility, senior-citizen center, church, or school in which an adult day services center is operated shall be governed by a written agreement regarding the center's operation.(b) The written agreement shall include such items as time allotted for use of the space by the adult day services center; maintenance of such space; use of equipment, security, fiscal, personnel, and other shared services.Tenn. Comp. R. & Regs. 1240-07-10-.06
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.; and 71-2-401, et seq.