Section 0465-02-02-.12 - DEEMED COMPLIANCE(1) A facility or service which is accredited or certified by any of the following may be deemed by the Department to be in compliance ("deemed compliance status") with applicable licensure program requirements: (a) The Joint Commission (TJC), formerly Joint Commission on Accreditation of Health Care Organizations (JCAHO);(b) Council on Accreditation of Rehabilitation Facilities (CARF);(c) Social Security Act, Title XIX, Public Law 89-98, as amended (Medicaid) for Intermediate Care Facilities for the Mentally Retarded (ICF/IID) only;(d) The Accreditation Council on Services for People with Disabilities;(e) Council on Accreditation for Children and Family Service;(f) National Commission on Accreditation for Special Education Services (NCASES);(g) Council on Quality and Leadership (CQL); or(h) Department of Education Early Intervention (Certification for center based facilities, Approval for community based facilities).(2) In addition, a licensee that received a rating of Fair or above (or their equivalents) from their most recent survey by the DIDD Quality Assurance unit may be deemed to be in compliance ("deemed compliance status") with applicable licensure program requirements.(3) To be considered for a deemed compliance status determination under this section, the licensee must submit written and official evidence of accreditation, certification, and/or acceptable survey results to the Department including any cited deficiencies with a plan of correction.(4) Licensees receiving deemed compliance status must also demonstrate compliance with the life safety and environmental rules. Deemed compliance status of the licensee does not alter the operator's obligation to correct any deficiencies cited during the unannounced inspections required by T.C.A. § 33-2-413, or to cooperate with investigations conducted by the Department of reports of abuse, dereliction, or deficiency in the operation of the facility or service. Notwithstanding deemed compliance of the licensee is subject to the suspension or revocation of its license under the terms and procedures established in T.C.A. § 33-2-407 and the rules of this chapter.(5) Pursuant to T.C.A. § 33-2-403(c), a facility or service which can demonstrate compliance with regulations and standards by a previously acquired license from another state agency is considered in compliance with rules promulgated by the Department to the extent that duplicate inspection and enforcement is necessary.Tenn. Comp. R. & Regs. 0465-02-02-.12
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.