Licensing Procedures

(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 Tier 1 Home for the Aged, as defined in T.C.A. § 68- 11-201 and Chapter 0465-02-01, without having a license. A license shall be issued only to the applicant named and only for the premises listed in the application for licensure. 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 for the Aged. (2) In order to make application for a license: (a) The applicant shall submit an application on a form prepared by the department. (b) Each applicant for a license shall pay an annual license fee in accordance with Rule 0465-02-02-.05 for a residential site of three (3) or fewer beds. (c) 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. Residents shall not be admitted to the home until a license has been issued. Applicants shall not hold themselves out to the public as being a Home for the Aged until the license has been issued. A license shall not be issued until the facility is in substantial compliance with these rules. (d) The applicant must prove the ability to meet the financial needs of the facility. (e) 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. (f) The applicant shall allow the residential Home for the Aged to be inspected by a Department of Disability and Aging Licensure surveyor. In the event that deficiencies are noted, the applicant shall submit a plan of corrective action to the Office of Licensure that must be accepted by the Office of Licensure. Once the deficiencies have been corrected, then the department shall consider the application for licensure. (3) Renewal. (a) In order to renew a license, each residential Home for the Aged shall submit to periodic inspections by Department of Disability and Aging Licensure surveyors for compliance with these rules. If deficiencies are noted, the licensee shall submit an acceptable plan MINIMUM PROGRAM REQUIREMENTS FOR TIER 1-HOMES CHAPTER 0465-02-21 FOR THE AGED of corrective action and shall remedy the deficiencies. In addition, each licensee shall submit a renewal form approved by the Office of Licensure 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. (c) 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 Office of Licensure: 1. A completed application for licensure; and 2. The license fee provided in Rule 0465-02-02-05. (d) Upon reapplication, the licensee shall submit to an inspection of the facility by Department of Disability and Aging Licensure surveyors. (4) A license shall be issued only for the location designated and the licensee named in the application. If a Tier 1 Home for the Aged moves to a location not noted on the currently operating license, a new license will be required before residents are admitted. A licensee who plans to relocate must contact the department to inspect the new building prior to relocation. (5) The governing body must ensure that no more than three (3), unrelated residents are residing in an individual home at any given time. Each resident must be aged 55 or older. Any admission in excess of the licensed bed capacity is prohibited. (6) A separate license shall be required for each Home for the Aged when more than one home is operated under the same management or ownership.