Tenn. Comp. R. & Regs. 0720-26-.03 - LICENSING REQUIREMENTS
(1) An applicant
for an ACLF license shall submit the following to the office of the Board for
Licensing Health Care Facilities:
(a) A
completed application on a form approved by the Board;
(b) Nonrefundable application fee;
(c) Demonstration of the ability to meet the
financial obligations of the ACLF with a financial statement prepared by a
certified public accountant;
(d) A
copy of a local business license (if one is required by the
locality);
(e) A copy of any and
all documents demonstrating the legal status of the business organization that
owns the ACLF. If the applicant is a corporation or a limited liability company
the applicant must submit a certificate of good standing; and
(f) Any other documents or information
requested by the Board.
(2) Before a license is granted, the
applicant shall submit to an inspection conducted by Department of Health
inspectors to ensure compliance with all applicable laws and rules.
(3) The applicant shall not use subterfuge or
other evasive means to obtain a license, such as filing for a license through a
second party when an applicant has been denied a license or has had a license
disciplined or has attempted to avoid the survey and review process.
(4) ACLF licenses shall expire and become
invalid annually on the anniversary date of their original issuance.
(a) In order to successfully renew a license,
Department inspectors will periodically inspect each ACLF to determine its
compliance with these rules and regulations. If the inspectors find
deficiencies, the licensee shall submit an acceptable corrective action plan
and shall remedy the deficiencies.
(b) If a licensee fails to renew its license
prior to the date of its expiration but submits the renewal form and fee within
sixty (60) days thereafter, the licensee may renew late by paying, in addition
to the renewal fee, a late penalty of one hundred dollars ($100) per month for
each month or fraction of a month that renewal is late; provided that the late
penalty shall not exceed twice the renewal fee.
(c) In the event that a licensee fails to
renew its license within the sixty (60) day grace period following the license
expiration date, then the licensee shall reapply for a license by submitting
the following to the Board office:
1. A
completed application for licensure; and
2. The license fee provided in rule
0720-26-.04(1).
(d) Upon reapplication, the licensee shall
submit to an inspection of the ACLF by Department of Health
inspectors.
(5) The Board
shall issue a license only for the licensee and the location designated on the
license application. If an ACLF moves to a new location, it shall obtain a new
license and submit to an inspection of the new building before admitting
residents.
(6) A separate license
shall be required for each ACLF when more than one facility is operated under
the same management or ownership.
(7) Any admission in excess of the licensed
bed capacity is prohibited.
(8)
Change of Ownership.
(a) A change of
ownership occurs whenever the ultimate legal authority for the responsibility
of the ACLF's operation is transferred, including a change in the legal
structure by which the ACLF is owned and operated, and/or whenever ownership of
the preceding or succeeding entity changes.
(b) A licensee shall notify the Board's
administrative office of a proposed change of ownership within at least thirty
(30) days prior to its occurrence by submitting the following to the Board
office:
1. A completed change of ownership
application on a form approved by the Board;
2. Nonrefundable application fee;
3. Demonstration of ability to meet the
financial obligations of the ACLF with a financial statement prepared by a
certified public accountant;
4. A
copy of a local business license (if one is required by the
locality);
5. A copy of any and all
documents demonstrating the formation of the business organization that owns
the ACLF;
6. The bill of sale
and/or closing documents indicating the transfer of operations of the business
entity; and
7. Any other documents
or information requested by the Board.
(c) Transactions constituting a change of
ownership include, but are not limited to, the following:
1. Transfer of the ACLF's legal
title;
2. Lease of the ACLF's
operations;
3. Dissolution of any
partnership that owns, or owns a controlling interest in, the ACLF;
4. The removal, addition or substitution of a
partner;
5. Removal of the general
partner or general partners, if the ACLF is owned by a limited
partnership;
6. Merger of an ACLF
owner (a corporation) into another corporation where, after the merger, the
owner's shares of capital stock are canceled;
7. The consolidation of a corporate ACLF
owner with one or more corporations; or
8. Transfers between levels of
government.
(d)
Transactions which do not constitute a change of ownership include, but are not
limited to, the following:
1. Changes in the
membership of a corporate board of directors or board of trustees;
2. Merger of two (2) or more corporations
where one of the originally-licensed corporations survives;
3. Changes in the membership of a non-profit
corporation;
4. Transfers between
departments of the same level of government;
5. Corporate stock transfers or sales, even
when a controlling interest.
6.
Sale/lease-back agreements if the lease involves the ACLF's entire real and
personal property and if the identity of the lessee, who shall continue the
operation, retains the same legal form as the former owner; or
7. Management agreements if the owner
continues to retain ultimate authority for the operation of the ACLF; however,
if the ultimate authority is surrendered and transferred from the owner to a
new manager, then a change of ownership has occurred.
(9) Certification of
Administrator.
(a) Each ACLF must have an
administrator who shall be certified by the Board, unless the administrator is
currently licensed in Tennessee as a nursing home administrator as required by
T.C.A. §§
63-16-101, et seq.
(b) An applicant for certification as an ACLF
administrator shall submit the following to the Board office:
1. A completed application on a form approved
by the Board;
2. Nonrefundable
application fee;
3. Proof that the
applicant is at least twenty-one (21) years of age;
4. Proof that the applicant is a high school
graduate or the holder of a general equivalency diploma;
5. Results of a criminal background check;
and
6. Proof that the applicant has
not been convicted of a criminal offense involving the abuse or intentional
neglect of an elderly or vulnerable individual.
(c) Renewal of ACLF administrator
certification.
1. Certification shall be
renewed biennially on June 30.
2.
The initial biennial re-certification expiration date of ACLF administrator
candidates who receive their first certification between the dates of January 1
and June 30 of any year will be extended to two (2) years plus the additional
months remaining in the fiscal year.
3. In order to renew certification, the ACLF
administrator shall submit the following to the Board office: renewal
application; fee established by rule
0720-26-.04; and proof of having
obtained at least twenty-four (24) classroom hours of continuing education
during the previous two (2) years.
4. An ACLF administrator shall complete
twenty-four (24) classroom hours of continuing education approved by the Board
prior to attendance, including, but not limited to the following topics:
(i) State rules and regulations for
ACLFs;
(ii) Health care
management;
(iii) Nutrition and
food service;
(iv) Financial
management; and
(v) Healthy
lifestyles.
5. All
educational courses sponsored by the National Association of Boards of
Examiners for Nursing Home Administrators (NAB) and continuing education
courses sponsored by State and/or national associations that focus on geriatric
care are board approved.
6. An ACLF
administrator who allows an administrator certification to lapse and reapplies
for new certification must submit written proof of attendance of at least
twenty-four (24) classroom hours of continuing education courses, as described
in Part 4 above, within six (6) months after submitting a new
application.
(10) The licensee shall immediately notify
the Board's administrative office in the event of an absence or change of
administrator due to serious illness, incapacity, death or resignation of its
named administrator.
Notes
Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-219, 4-5-312, 4-5-316, 4-5-317, 68-11-201, 68-11-202, 68-11-204, 68-11-206, 68-11-207, 68-11-208, 68-11-209, 68-11-213, and 68-11-216 and Chapter 846 of the Public Acts of 2008, § 1.
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