Section 0465-02-02-.01 - STATEMENT OF AUTHORITYThe Department of Intellectual and Developmental Disabilities ("DIDD" or "Department") is authorized to license facilities and services operated for the provision of intellectual and developmental disabilities, and personal support services in the State of Tennessee by T.C.A. title 33, chapter 2, part 4.
(1) Notwithstanding any law or rule to the contrary, a residential facility or provider licensed by DIDD to provide residential services to persons with intellectual or developmental disabilities shall not be prohibited from providing residential services to the elderly or adults with physical disabilities, so long as the services are adequate to ensure the health, safety, and welfare of each resident.(2) Medicaid-reimbursed home and community based service (HCBS) providers are required to comply with the federal home-based and community-based setting final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014). (a) HCBS providers and facilities licensed on or before March 31, 2015, shall have performed the required Self-Assessment and shall have submitted the same to the respective DIDD Regional Office. Providers who self-reported or were assessed to be non-compliant with the HCBS Settings Rule shall have a completed and validated Provider Transition Plan on file with the respective DIDD Regional Office.(b) HCBS providers and facilities receiving an initial license on or after April 1, 2015, shall have on file with the DIDD Provider Enrollment Coordinator acceptable policies addressing quality assessment, assurance, and improvement, including a description of how the provider meets compliance with the HCBS Settings Rule (these are required elements which must be submitted with a New Provider Application For Long Term Services).Tenn. Comp. R. & Regs. 0465-02-02-.01
New rules filed July 6, 2016; effective 10/4/2016.Authority: T.C.A. §§ 4-4-103, 4-5-202, 33-1-201, 33-1-302, 33-1-303, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, 33-2-407.