Referrals Of Reports Of Abuse, Neglect, Misappropriation, Or

EXPLOITATION TO THE COMMISSION. (1) The Health Facilities Commission investigates and makes referrals to the Registry based on its investigation of reports of abuse, neglect, or misappropriation of the property of vulnerable persons in facilities licensed or certified, pursuant to T.C.A. Title 68, Chapter 11, Part 2. (2) Any State Government Agency that finds that an individual has committed abuse, neglect, misappropriation, or exploitation of the property of a vulnerable person shall refer the individual to the Commission for placement on the Registry within ninety (90) calendar days of the completion of due process, unless release of such information is prohibited by applicable state or federal law. Due process is considered completed when an individual has fully exhausted all administrative and judicial remedies in accordance with the referring State Government Agency’s standard procedures and the Uniform Administrative Procedures Act, as set forth in T.C.A. Title 4, Chapter 5, Part 3 and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq. This provision shall not apply to placement on the Registry by criminal disposition or judicial order in accordance with T.C.A. Title 68, Chapter 11, Part 10. (3) Referrals for placement on the Registry by other State Government Agencies shall include the following prerequisites: (a) The applicable definition of vulnerable person, as set forth in 0720-39-.02(19), or as defined by the referring State Government Agency; (b) The location and/or facility where the abuse, neglect, misappropriation, or financial exploitation occurred; (c) The identity of the caregiver or alleged perpetrator including: 1. Name, street address, phone number, license or certificate number (if applicable), and other identifying contact information; and 2. Date of birth and social security number. (d) The nature and extent of the abuse, neglect, misappropriation, or exploitation and the applicable definition from the referring agency of abuse, neglect, misappropriation, or exploitation according to the State Government Agency’s procedures and definitions; (e) Where permissible by law, the identity of the complainant, which shall remain confidential; (f) Information regarding the investigation and substantiation of the allegation or findings of the agency, examples of which may include the investigative report, investigative summary, documents, witness statements or other evidence supporting the allegations or findings of the agency; (g) A statement summarizing the facts demonstrating that the person to be placed on the Registry received notice and an opportunity to show that he or she should not be placed on the Registry. The statement must include: REGISTRY OF PERSONS WHO HAVE ABUSED, CHAPTER 0720-39 NEGLECTED, MISAPPROPRIATED, OR EXPLOITED THE PROPERTY OF VULNERABLE INDIVIDUALS 1. Emergency, initial, or final administrative orders by a State Government Agency; 2. Evidence of service of process meeting the requirements of Tenn. Comp. R. & Regs. 1360-04-01-.06(3); or 3. In the case of a criminal disposition, a copy of the criminal disposition from the Tennessee Bureau of Investigation, or other federal, state, or local law enforcement agency, court, or criminal justice agency, verifying that a criminal disposition against the named individual was the result of an offense against a vulnerable person. (h) Any State Government Agency making referral to the Registry shall include an attestation that the requirements set forth in 0720-39-.04(3)(a–g) have been met; and (i) A letter notifying the individual that the individual has been placed on the Registry will be sent to the individual’s last known mailing address by United States Postal Service First Class mail and by Certified Mail.