Tennessee § 52-5-303 Review of admission

Tennessee Statutes

§ 52-5-303 — Review of admission

Tennessee § 52-5-303

Title52

This text of Tennessee § 52-5-303 (Review of admission) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 52-5-303 (2026).

Text

(a)(1) The department may review the appropriateness of admission to a privately or publicly funded residential facility for persons with an intellectual or developmental disability. The department shall investigate to assess the validity of an allegation of:

(A)Deprivation of liberty without consent;

(B)Abuse, neglect, or exploitation;

(C)Placement that is inappropriate to meet the needs of a person supported;

(D)Violation of a fiduciary relationship; or (E) Any other violation of a right.

(2)If the department finds probable cause to believe the allegation after an investigation by inspection of records and interviews with personnel, persons supported, and their families and there is no suitable remedy under chapter 2, part 4 of this title, then the department may require a plan of

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(a) (1) The department may review the appropriateness of admission to a privately or publicly funded residential facility for persons with an intellectual or developmental disability. The department shall investigate to assess the validity of an allegation of: (A) Deprivation of liberty without consent; (B) Abuse, neglect, or exploitation; (C) Placement that is inappropriate to meet the needs of a person supported; (D) Violation of a fiduciary relationship; or (E) Any other violation of a right. (2) If the department finds probable cause to believe the allegation after an investigation by inspection of records and interviews with personnel, persons supported, and their families and there is no suitable remedy under chapter 2, part 4 of this title, then the department may require a plan of compliance or may require independent review of admissions under this section for a period of time set by the department. (b) Within five (5) days after a recommendation is made that a person with an intellectual or developmental disability be admitted to a residential facility for which the department requires independent review under subsection (a), an independent review by the department must be conducted to determine the appropriateness of the recommended residential service for the person on the basis of the interests and welfare of the person. The result of the review must not be influenced by any benefits flowing from the admission solely to the family, parents, guardian, or conservator of the person. The result of the review must be written and state the reasons for the decision. (c) The decision made under subsection (b) on publicly funded placements may be appealed to a designee of the commissioner by filing the appeal within seven (7) days after receipt of the decision. The designee of the commissioner shall review and decide the appeal within fourteen (14) days after receipt of the appeal. The only appeal of the decision made under subsection (b) on privately funded placements is a request for reconsideration by the reviewer filed within fourteen (14) days after receipt of the decision, and the decision is final administratively. If granted, reconsideration by the reviewer must occur within five (5) working days after receipt of the request. (d) The department shall designate persons from among its employees or by contract to serve as independent reviewers. A person designated to serve as the independent reviewer for a case must have no conflict of interest with any party to the case and be trained with respect to the laws, rules, and information required to make competent decisions as an independent reviewer.