(1) The HIV supportive living facility shall
have a full-time (working at least 32 hours per week) administrator. Any change
of administrators shall be reported in writing to the department within fifteen
(15) days. The administrator shall designate in writing an individual to act in
his/her absence in order to provide the HIV supportive living facility with
administrative direction at all times. The administrator shall assure the
provision of appropriate fiscal resources and personnel required to meet the
needs of the residents.
(2) The HIV
supportive living facility must organize, manage, and administer its HIV care
services to attain and maintain the highest obtainable quality of life for each
resident in a manner consistent with acceptable standards of
(3) The HIV supportive
living facility shall ensure a framework for addressing issues related to care
at the end of life.
(4) The HIV
supportive living facility shall provide a process that assesses pain in all
patients. There shall be an appropriate and effective pain management
(5) Nursing services,
physician services, drugs and biologicals shall routinely be available on a
(6) All other HIV
services shall be available on a 24-hour basis to the extent necessary to meet
the needs of individuals for care that is reasonable and necessary for the
palliation and management of terminal illness or conditions directly
attributable to the HIV diagnosis.
An HIV supportive living facility may
contract for another individual or entity to furnish services, other than core
services, to the HIV supportive living facility's residents. If services are
provided under agreement or contract, the HIV supportive living facility must
meet the following standards:
of care. The HIV supportive living facility assures the continuity of resident
and family care.
agreement. The HIV supportive living facility has a legally binding written
agreement for the provision of contracted HIV care services. The agreement must
include at least the following:
Identification of the services to be provided.
2. A stipulation that services may be
provided only with the express authorization of the HIV supportive living
3. The manner in which
the contracted services are coordinated, supervised, and evaluated by the HIV
supportive living facility.
delineation of the role(s) of the HIV supportive living facility and the
contractor in the admission process, resident and family assessment, and the
interdisciplinary group care conferences.
5. Requirements for documenting that services
are furnished in accordance with the agreement.
6. The qualifications of the personnel
providing the services.
(c) Professional management responsibility.
The HIV supportive living facility retains professional management
responsibility for those contracted services and ensures that they are
furnished in a safe and effective manner by persons meeting the qualifications
of this part, and in accordance with the resident's plan of care and the other
requirements of this part.
Financial responsibility. The HIV supportive living facility retains
responsibility for payment for services.
(8) The facility shall make reasonable
efforts to safeguard personal property and promptly investigate complaints of
such loss. A record shall be prepared of all clothing, personal possessions,
and money brought by the resident to the HIV supportive living facility. One
copy of the record shall be given to the resident or the resident's
representative and the original shall be maintained in the HIV supportive
living facility record. This record shall be updated as additional personal
property is brought to the facility.
(9) If the facility keeps resident funds,
such funds shall be kept in an account separate from the facility's funds.
Resident funds shall not be used by the facility. The facility shall maintain
and allow each resident access to a written record of all financial
arrangements and transactions involving the individual resident's funds. The
facility shall provide each resident or his/her representative with a written
itemized statement at least quarterly of all financial transactions involving
the resident's funds.
thirty (30) days of a resident's death, the facility shall provide an
accounting of the resident's funds held by the facility and an inventory of the
resident's personal property held by the facility to the resident's executor,
administrator or other person authorized by law to receive the decedent's
property. The facility shall obtain a signed receipt from any person to whom
the decedent's property is transferred.
(11) Upon the sale of the facility, the
seller shall provide written verification that all the resident's funds and
property have been transferred and shall obtain a signed receipt from the new
owner. Upon receipt, the buyer shall provide, to the residents, an accounting
of funds and property held on their behalf.
(12) When licensure is applicable for a
particular job, verification of the current license must be included as a part
of the personnel file. Each personnel file shall contain accurate information
as to the education, training, experience and personnel background of the
employee or volunteer. Documentation that references were verified shall be on
file. Adequate medical screenings to exclude communicable disease shall be
required of each employee.
Whenever the rules and regulations of this chapter require that a licensee
develop a written policy, plan, procedure, technique, or system concerning a
subject, the licensee shall develop the required policy, maintain it and adhere
to its provisions. A HIV supportive living facility which violates a required
policy also violates the rule and regulation establishing the
(14) Policies and
procedures shall be consistent with professionally recognized standards of
(15) No HIV supportive
living facility shall retaliate against or, in any manner, discriminate against
any person because of a complaint made in good faith and without malice to the
board, the department, the Department of Human Services Adult Protective
Services, the long term care ombudsman, the Comptroller of the State Treasury,
or any government agency. A HIV supportive living facility shall neither
retaliate, nor discriminate, because of information lawfully provided to these
authorities, because of a person's cooperation with them, or because a person
is subpoenaed to testify at a hearing involving one of these
(16) Each HIV
supportive living facility shall adopt safety policies for the protection of
residents from accident and injury.
(17) A record pertaining to the payment
agreement between the HIV supportive living facility and the resident shall be
accomplished prior to admission. A copy of the agreement record shall be given
to the resident and the original shall be maintained in the facility's
All health care
facilities licensed pursuant to T.C.A. §§
, et seq. shall post the
following in the main public entrance:
Contact information including statewide toll-free number of the division of
adult protective services, and the number for the local district attorney's
(b) A statement that a
person of advanced age who may be the victim of abuse, neglect, or exploitation
may seek assistance or file a complaint with the division concerning abuse,
neglect and exploitation; and
statement that any person, regardless of age, who may be the victim of domestic
violence may call the nationwide domestic violence hotline, with that number
printed in boldface type, for immediate assistance and posted on a sign no
smaller than eight and one-half inches (8½") in width and eleven inches
(11") in height.
Postings of (a) and (b) shall be on a sign no smaller than
eleven inches (11") in width and seventeen inches (17") in height.
(19) "No smoking" signs
or the international "No Smoking" symbol, consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with a red bar
across it, shall be clearly and conspicuously posted at every
(20) The facility shall
develop a concise statement of its charity care policies and shall post such
statement in a place accessible to the public.