Section 52-2-408 - Sanctions - Proceedings(a) All proceedings by the department to impose sanctions against licensed entities under this title must be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The proceedings must include notice and opportunity for a hearing before an administrative law judge who shall issue an initial order.(b) Sanctions shall include any action by the department, based upon alleged deficient practices of the licensed entity, to impose financial or contractual penalties, including the following:(1) Financial penalties shall include fines, liquidated damages, or denial, withholding, or delay of a payment;(2) Imposition of moratoria on admissions when the limitations are unrelated to state budget considerations; or(3) Actions against the entity based upon allegations that the entity is responsible for abuse, neglect, exploitation, misappropriation, or mistreatment of an individual for whom the entity is responsible.(c) Sanctions do not include any action to recoup moneys that are determined by the department to be unearned.(d) This section does not prevent termination of any contract with the licensed entity in accordance with the provisions of that contract. In those cases, the contractor has only the due process rights, if any, otherwise provided by law regarding termination of state contracts.(e) All sanctions, except for financial sanctions, may be imposed immediately by the department. This does not prevent the provider from appealing the decision using the process as provided in the Uniform Administrative Procedures Act.(f) These requirements do not prevent the department or the provider from pursuing alternative means of resolving issues related to sanctions while using the process as provided in the Uniform Administrative Procedures Act is pending.Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.