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Compendium of Residential Care and Assisted Living Regulations and Policy: 2015 Edition
TENNESSEE
Licensure Terms
Assisted Care Living Facilities and Residential Homes for the Aged
General Approach
The Tennessee Department of Health, Board for Licensing Health Care Facilities,
licenses assisted care living facilities and residential homes for the aged to provide
services to older persons who need assistance with personal care. Assisted care living
facilities may provide a higher level of care than residential homes for the aged,
including the provision of medical services. Licensing rules specify requirements for
dementia care in both settings.
Adult Foster Care. The state licenses and administers a family home for adults
program for up to five adults who are frail, disabled, or victims of abuse, through the
Department of Health Adult Protective Services Program. In addition, the Department of
Health licenses adult care homes (ACHs)-Level 2 for five or fewer adults. Regulatory
provisions for family homes for adults and ACHs are not included in this profile but a link
to the provisions can found at the end.
This profile includes summaries of selected regulatory provisions for assisted care
living facilities and residential homes for the aged. The complete regulations are online
at the links provided at the end.
Definitions
Assisted care living facilities provide room and board and services, including
medical services, to enable residents to age in place. No provisions regarding the
minimum number of residents required for licensure were identified.
Residential homes for the aged provide room and board, and personal care
services to four or more non-related persons.
Resident Agreements
Both facility types must provide at admission a written agreement that includes a
procedure for handling resident transfers or discharges, which does not violate the
residents’ rights under the law or licensing rules.
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Disclosure Provisions
Assisted care living facilities must, prior to the admission or execution of a
contract for resident care, disclose in writing to the resident or the resident’s legal
representative, whether the facility has liability insurance and, if so, the insurance
carrier’s name. Facilities with secured units must report to the Department the following
information during each annual survey: resident assessments by multidisciplinary teams
and reviews; number of deaths, hospitalizations, and incidents; staffing patterns and
ratios; staff training; and daily group activities.
Residential Homes for the Aged. No provisions identified.
Admission and Retention Policy
Assisted care living facilities may not admit or retain individuals whose needs
the facility cannot safely and effectively meet, including residents who require treatment
of Stage III or IV decubitus ulcers; continuous nursing care; or physical or chemical
restraints (this does not include psychotropic medications prescribed for a manageable
mental disorder). Facilities may also not admit or retain individuals with active,
infectious, and reportable diseases that require contact isolation; or verbal or physical
aggressive behavior which poses an imminent physical threat to self or others.
A facility must not admit, but may retain residents who require nasopharyngeal or
tracheotomy suctioning; nasogastric feedings; gastrostomy feedings; or intravenous (IV)
therapy or IV feedings. However, residents cannot require these treatments on more
than an intermittent basis (up to three 21-day periods per year), and the resident’s
physician must certify that the facility can safely and effectively provide the treatment.
The Board for Licensing Health Care Facilities may permit the treatments listed in
the paragraph above to be provided on an ongoing basis to residents who receive
hospice services. Residents who require any of the above treatments and who are able
to independently manage them may be admitted and retained.
If the resident or legal representative, treating physician, or the facility
administrator determine that the facility cannot meet the resident's needs, including the
need for medical services, the resident must be transferred to an appropriate setting.
Facilities may admit residents in all but the later stages of Alzheimer’s disease only
after an interdisciplinary team assesses that care can be safely and appropriately
provided. This assessment must be reviewed quarterly.
Residential homes for the aged may not admit or retain individuals who cannot
self-administer medications; who require professional medical or nursing observation
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and/or care on a continual or daily basis; who pose a clearly documented danger to
themselves or other residents; who cannot safely evacuate the facility in 13 minutes; or
who require chemical or physical restraints.
Homes may admit residents who are in the early stages of Alzheimer’s disease or
other dementias if an interdisciplinary team determines that care can appropriately and
safely be provided in the facility. Residents must be assessed quarterly to ensure that
the facility can continue to meet their needs.
Services
Assisted care living facilities must provide personal services such as protective
care; responsibility for the safety of the resident when in the facility; the ability and
readiness to intervene if crises arise; assistance with activities of daily living (ADLs);
laundry services; and dietary services. Facilities may provide and oversee medical
services, such as medication administration; part-time intermittent nursing care; various
therapies; podiatry; medical social services; and hospice services.
Residential homes for the aged must provide the same personal services listed
above.
Service Planning
Assisted care living facilities must assess residents within 72 hours of
admission. The written assessment may by conducted by a direct care staff member. A
plan of care must be written within 5 days of admission and must be reviewed at least
semi-annually or when residents’ needs change. The plan of care describes:
The need for personal care assistance and medical services for which the
resident requires assistance; how much assistance; who provides the assistance;
how often, and when.
Requirements and arrangements for visits by or to health care providers.
Provisions of an advance care directive and the name of any individual named as
a health care power-of-attorney.
Recreational and social activities.
Dietary needs.
Residential Homes for the Aged. No provisions identified.
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Third-Party Providers
Assisted care living facility residents must be able to receive hospice services in
the facility as long as the resident's treating physician certifies that hospice care can be
appropriately provided in the facility. In addition to appropriately licensed and qualified
facility staff, medical services may be provided by licensed or qualified contractors, a
licensed home care organization, licensed staff of a nursing home, or another
appropriately licensed entity.
Residential Homes for the Aged. No provisions identified.
Medication Provisions
Both facility types allow staff to assist residents with self-administration, including
assistance in reading labels, opening dosage packaging, reminding residents to take
their medications, and observing the resident while taking medication. Licensed health
care professionals operating within their scope of practice, such as nurses, may
administer medications.
Food Service and Dietary Provisions
Both facility types must provide three meals a day that meet acceptable and/or
prescribed diet standards. No more than 14 hours must elapse between the evening
and morning meals. The food must be adapted to residents’ habits, preferences, and
physical abilities.
Assisted care living facilities are required to provide additional nourishment
and/or snacks to residents with special dietary needs or upon request.
Staffing Requirements
Assisted Care Living Facilities
Type of Staff. Facilities must have a certified administrator or a licensed nursing
home administrator; a designated attendant who is awake and responsible for providing
personal services to residents; and a licensed nurse available as needed. A qualified
dietician must be hired on staff or as a consultant.
Staff Ratios. No minimum ratios. Facilities must have a sufficient number of staff
to meet residents’ needs, including the need for medical services.
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Residential Homes for the Aged
Type of Staff. Facilities must have a certified administrator or a licensed nursing
home administrator; a designated attendant who is awake and responsible for providing
personal services to residents; and additional staff as needed.
Staff Ratios. No minimum ratios. Facilities must have a sufficient number of staff
to meet residents’ needs.
Training Requirements
Both facility types require administrators to be certified and recertified every 2
years. Administrator certification requires 24 classroom hours of Board-approved
continuing education courses during the 2 years that includes instruction in the following
topics: applicable state rules and regulations; health care management; nutrition and
food service; financial management; and healthy lifestyles. All employees must be
trained annually in fire safety, disaster preparedness, and other emergency procedures.
Provisions for Apartments and Private Units
Both Facility Types. Apartment-style private units are not required. No more than
two residents may share a bedroom and privacy screens or curtains must be provided
and used when requested by the residents. Residents' rooms must always be capable
of being unlocked by the resident. Bathrooms must serve no more than six residents.
Provisions for Serving Persons with Dementia
Dementia Care Staff. Both facility types require a minimum of one attendant,
awake, on-duty, and physically located on the unit at all times.
Dementia Staff Training. Both facility types require any staff working in a
secured unit to have annual in-service training covering as a minimum the following
topics:
Basic facts about the causes, progression, and management of Alzheimer's
disease and other dementias.
Dealing with residents’ dysfunctional behavior and catastrophic reactions.
Identifying and alleviating safety risks.
Providing ADL assistance.
Communicating with families.
Dementia Facility Requirements. No provisions identified for either facility type.
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Background Checks
Both facility types require that administrators must not have been convicted of a
criminal offense involving the abuse or intentional neglect of an elderly or vulnerable
individual. Facilities may not employ any person listed on the Department’s abuse
registry.
Inspection and Monitoring
Assisted Care Living Facility. A pre-licensure inspection is required and the
Department makes an unannounced inspection of every facility within 15 months
following the date of its last inspection and as needed.
Residential homes for the aged are inspected pre-licensure and periodically as a
condition of re-licensing.
Public Financing
The state covers services in assisted care living facilities through its Medicaid 1115
managed care Long-Term Services and Supports CHOICES program (CHOICES).
Room and Board Policy
Medicaid policy limits the amount that assisted care living facilities can charge for
room and board to 80 percent of the maximum personal needs allowance (PNA). The
CHOICES program sets the PNA at 300 percent of the federal Supplemental Security
Income (SSI) rate, which is $2,199 per month in 2015. Thus, the maximum monthly
room and board charges in an assisted living care facility for CHOICES members
cannot exceed the lesser of $1,759.20 per month or any lesser amount that would be
charged to a resident not enrolled in the CHOICES program. This limitation applies only
to CHOICES members, and not to other assisted living care facility residents.
The state does not provide an SSI payment. Family supplementation is permitted
up to the maximum allowable charges for room and board.
Location of Licensing, Certification, or Other Requirements
Rules of the Tennessee Department of Health, Board for Licensing Healthcare Facilities,
Chapter 1200-08-25: Standards for Assisted Living Care Facility Regulations. [December 23,
2009]
http://www.state.tn.us/sos/rules/1200/1200-08/1200-08-25.20091223.pdf
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Rules of the Tennessee Department of Health, Board for Licensing Healthcare Facilities,
Chapter 1200-08-11: Homes for the Aged. [May 2010]
http://www.tennessee.gov/sos/rules/1200/1200-08/1200-08-11.20100523.pdf
Rules of the Tennessee Department of Health, Board for Licensing Healthcare Facilities,
Chapter 1200-08-36: Standards for Adult Care Homes-Level 2. [November 2010]
http://www.tn.gov/sos/rules_all/2010/1200-08-36.20101102.pdf
Department of Human Services website: Adult Protective Services, Family Homes for Adults.
http://tennessee.gov/humanserv/adfam/aps_fh.html
TennCare website: Long Term Services and Supports CHOICES Program, with information and
links to participant eligibility, service descriptions, and provider resources. [TennCare is the
name of the state’s Medicaid program.]
http://www.tn.gov/tenncare/long_choices.shtml
Information Sources
Brett McReynolds
Tennessee Health Care Association
Ann Rutherford Reed, RN, BSN, MB
Director of Licensure
Division of Health Licensure and Regulation
Office of Health Care Facilities
Will Hines
Policy Specialist
Quality and Administration
Long-Term Services and Supports
Bureau of TennCare
COMPENDIUM OF RESIDENTIAL CARE AND ASSISTED
LIVING REGULATIONS AND POLICY: 2015 EDITION
Files Available for This Report
FULL REPORT
Executive Summary http://aspe.hhs.gov/execsum/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-executive-
summary
HTML http://aspe.hhs.gov/basic-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition
PDF http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition
SEPARATE STATE PROFILES
[NOTE: These profiles are available in the full HTML and PDF versions, as well as each state
available as a separate PDF listed below.]
Alabama
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-alabama-profile
Alaska http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-alaska-profile
Arizona http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-arizona-profile
Arkansas http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-arkansas-profile
California
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-california-profile
Colorado http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-colorado-profile
Connecticut http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-connecticut-profile
Delaware
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-delaware-profile
District of Columbia http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-district-columbia-
profile
Florida
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-florida-profile
Georgia http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-georgia-profile
Hawaii
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-hawaii-profile
Idaho
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-idaho-profile
Illinois http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-illinois-profile
Indiana http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-indiana-profile
Iowa http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-iowa-profile
Kansas
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-kansas-profile
Kentucky http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-kentucky-profile
Louisiana
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-louisiana-profile
Maine
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-maine-profile
Maryland http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-maryland-profile
Massachusetts http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-massachusetts-
profile
Michigan http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-michigan-profile
Minnesota http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-minnesota-profile
Mississippi http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-mississippi-profile
Missouri http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-missouri-profile
Montana http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-montana-profile
Nebraska
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-nebraska-profile
Nevada http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-nevada-profile
New Hampshire http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-new-hampshire-
profile
New Jersey http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-new-jersey-profile
New Mexico http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-new-mexico-profile
New York http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-new-york-profile
North Carolina http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-north-carolina-
profile
North Dakota http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-north-dakota-
profile
Ohio
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-ohio-profile
Oklahoma http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-oklahoma-profile
Oregon http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-oregon-profile
Pennsylvania
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-pennsylvania-
profile
Rhode Island
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-rhode-island-
profile
South Carolina
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-south-carolina-
profile
South Dakota http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-south-dakota-
profile
Tennessee
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-tennessee-profile
Texas http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-texas-profile
Utah
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-utah-profile
Vermont
http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-vermont-profile
Virginia http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-virginia-profile
Washington http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-washington-profile
West Virginia http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-west-virginia-
profile
Wisconsin http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-wisconsin-profile
Wyoming http://aspe.hhs.gov/pdf-report/compendium-residential-care-and-
assisted-living-regulations-and-policy-2015-edition-wyoming-profile