2010 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Chapter 11 - Health Facilities and Resources
Part 9 - Rights of Nursing Home Residents and Patients, and Members of the Public Regarding Nursing Homes
68-11-910 - Preadmission or precontract disclosures.

68-11-910. Preadmission or precontract disclosures.

(a)  Prior to the admission of a resident to a nursing home or prior to the execution of a contract for the care of a resident in a nursing home, whichever occurs first, the nursing home shall make the following written disclosures to the resident, the resident's authorized representative and the resident's next of kin, if any:

     (1)  The facility's basic daily or monthly rates;

     (2)  A description of all facility services, including those offered on an as-needed basis, and related charges, including any extra charges for services not covered by third party governmental programs or by the facility's basic daily or monthly rate;

     (3)  The right of the resident, the resident's authorized representative, and the resident's authorized next of kin to review the resident's medical and financial records and the resident's right to have the records be kept confidential as to inspection by other third parties, unless the resident has given those parties written consent or they are otherwise authorized by law to make the inspection;

     (4)  A copy of the policies or procedures required for the protection of residents' rights by this chapter or by the regulations of the board for licensing health care facilities or by any federal agency with jurisdiction over the facility;

     (5)  The address and telephone numbers of the department of health, the local long term care ombudsman and local legal services organizations funded under the Older Americans Act that offer services without charge to facility residents, along with a brief description of the services provided without charge by such agencies; and

     (6)  A statement indicating whether the facility has liability insurance and the identity of the primary insurance carrier. If the facility is self-insured, the statement shall reflect that fact and indicate the corporate entity responsible for payment of any claims.

(b)  A notice shall be posted conspicuously in the reception area and business office of the nursing home advising the public of the availability for inspection of these materials and of those reports required by § 68-11-804(c)(1).

(c)  (1)  In addition to any other disclosure required by this part, prior to the admission of a resident to a nursing home or prior to the execution of a contract for the care of a resident in a nursing home, whichever occurs first, the nursing home shall disclose in writing to the resident or to the resident's guardian, conservator or representative, if any, that the facility does not have:

          (A)  A fire suppression sprinkler system throughout the facility;

          (B)  A smoke detector or alarm in each patient room; or

          (C)  Neither a fire suppression sprinkler system throughout the facility nor a smoke detector or alarm in each patient room.

     (2)  Such disclosure shall be made on a form separate from the contract for the care of the resident and shall be printed in bold type and in no less than size twelve (12) font. The form must be signed by the resident or the resident's guardian, conservator or representative, if any, and the signature must be witnessed. If the resident cannot read, the form must be read aloud to the resident. If the facility maintains an internet website, the disclosure must also be made on that internet website.

     (3)  The requirements of this subsection (c) shall not apply to any nursing home that is fully sprinklered as of April 17, 2004.

[Acts 1987, ch. 312, § 8; 2004, ch. 451, §§ 1, 5; 2005, ch. 184, § 2.]