(1) No person,
partnership, association, corporation, or state, county or local government
unit, or any division, department, board or agency thereof, shall establish,
conduct, operate, or maintain in the State of Tennessee any home care
organization providing professional support services without having a license.
A license shall be issued only to the person or persons named and only for the
premises listed in the application for licensure. The name of the home care
organization providing professional support services shall not be changed
without first notifying the department in writing. Licenses are not
transferable or assignable and shall expire and become invalid annually on the
anniversary date of their original issuance. The license shall be conspicuously
posted in the home care organization providing professional support
In order to make
application for a license:
(a) The applicant
shall submit an application on a form prepared by the department.
(b) Home care organizations authorized to
provide only professional support services shall pay an annual fee of one
thousand four hundred and four dollars ($1,404.00), except that this annual fee
shall be three hundred and fifty-one dollars ($351.00) for (i) home care
organizations that also pay a fee to be licensed by the Department of
Intellectual and Developmental Disabilities; (ii) home care organizations owned
and operated by therapists who pay a fee to be licensed under Title 63, Chapter
13 or 17; or (iii) home care organizations that are owned and controlled by
another home care organization that pays an annual license fee of at least one
thousand four hundred and four dollars ($1,404.00). The fee must be submitted
with the initial application or renewal application and is not
(c) Home care
organizations authorized to provide only professional support services shall
pay an annual fee of one thousand eighty dollars ($1,080.00), except that this
annual fee shall be two hundred seventy dollars ($270.00) for (i) home care
organizations that also pay a fee to be licensed by the Department of Mental
Health and Developmental Disabilities; (ii) home care organizations owned and
operated by therapists who pay a fee to be licensed under Title 63, Chapter 13
or 17; or (iii) home care organizations that are owned and controlled by
another home care organization that pay an annual license fee of at least one
thousand eighty dollars ($1,080.00). The fee must be submitted with the
application and is not refundable.
(d) The issuance of an application form is in
no way a guarantee that the completed application will be accepted or that a
license will be issued by the department. Consumers shall not be admitted to
the agency until a license has been issued. Applicants shall not hold
themselves out to the public as being an agency until the license has been
issued. A license shall not be issued until the agency is in substantial
compliance with these rules, including submission of all information required
by T.C.A. §
or as later amended, and all information required by the
(e) The applicant
must prove the ability to meet the financial needs of the agency providing
professional support services.
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 individual
has been denied a license or has had a license disciplined or has attempted to
avoid inspection and review process.
(g) The applicant shall allow the home care
organization providing professional support services to be inspected by a
Department surveyor. In the event that deficiencies are noted, the applicant
shall submit a plan of corrective action to the Board that must be accepted by
the Board. Once the deficiencies have been corrected, then the Board shall
consider the application for licensure.
A proposed change of ownership must be
reported to the department a minimum of thirty (30) days prior to the change. A
new application and fee must be received by the department before the license
may be issued.
(a) For the purposes of
licensing, the licensee of an agency has the ultimate responsibility for the
operation of the agency, including the final authority to make or control
operational decisions and legal responsibility for the business management. A
change of ownership occurs whenever this ultimate legal authority for the
responsibility of the agency's operation is transferred.
(b) A change of ownership occurs whenever
there is a change in the legal structure by which the facility is owned and
operated and any ownership interest of the preceding or succeeding entity
constituting a change of ownership include, but are not limited to, the
1. Transfer of the facility's
2. Lease of the
Dissolution of any partnership that owns, or owns a controlling interest in,
4. One partnership is
replaced by another through the removal, addition or substitution of a
5. Merger of a facility
owner (a corporation) into another corporation where, after the merger, the
owner's shares of capital stock are canceled;
6. The consolidation of a corporate facility
owner with one or more corporations; or,
7. Transfers between levels of
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. Two (2) or more corporations merge and the
originally-licensed corporation survives;
3. Changes in the membership of a non-profit
4. Transfers between
departments of the same level of government; or,
5. Corporate stock transfers or sales, even
when a controlling interest.
(e) Management agreements are generally not
changes of ownership if the owner continues to retain ultimate authority for
the operation of the facility. However, if the ultimate authority is
surrendered and transferred from the owner to a new manager, then a change of
ownership has occurred.
Sale/lease-back agreements shall not be treated as changes in ownership if the
lease involves the facility's entire real and personal property and if the
identity of the leasee, who shall continue the operation, retains the same
legal form as the former owner.
(a) In order to renew a license, each home
care organization providing professional support services shall submit to
periodic inspections by Department surveyors for compliance with these rules.
If deficiencies are noted, the licensee shall submit an acceptable plan of
corrective action and shall remedy the deficiencies. In addition, each licensee
shall submit a renewal form approved by the board and applicable renewal fee
prior to the expiration date of the license.
(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.
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:
completed application for licensure;
2. The license fee provided in rule
other information required by the Health Services and Development
reapplication, the licensee shall submit to an inspection of the facility by
Department of Health surveyors.
Tenn. Comp. R. &
rule filed January 24, 2003; effective April 9, 2003. Amendment filed May 27,
2004; effective August 10, 2004. Amendment filed January 19, 2007; effective
April 4, 2007. Amendment filed July 18, 2007; effective October 1, 2007. Public
necessity rules filed April 29, 2009; effective through October 11, 2009.
Emergency rules filed October 9, 2009; effective through April 7, 2010.
Amendment filed September 24, 2009; effective December 23, 2009. Amendment
filed December 16, 2013; effective March 16, 2014. Amendments filed January 7,
2019; to have become effective April 7, 2019. However, the Government
Operations Committee filed a 60-day stay of the effective date of the rules;
new effective date June 6, 2019. Amendments filed March 26, 2019; effective
Authority: T.C.A. §§
68-11-209, 68-11-209(a)(1), 68-11-210, 68-11-216, and Chapter 846 of the Public
Acts of 2008, § 1.