Section 0465-02-06-.07 - MODIFICATION OR LIMITATION OF PERSON SUPPORTED RIGHTS BY FACILITY/SERVICES RULES, POLICIES, OR PROCEDURES(1) The rights of all persons supported by a licensee may only be modified or limited under the following conditions: (a) The licensee is not a Medicaid-reimbursed home and community based service (HCBS) provider 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).(b) It is demonstrated and documented that a legitimate purpose cannot reasonably be achieved without such modification or limitation;(c) No modification or limitation may be made solely for the convenience of staff or be more stringent than is necessary to achieve the demonstrated purpose;(d) Persons supported or representatives of persons supported, as appropriate, must be fully informed of proposed rules, policies or procedures modifying or limiting the rights of the person supported, and of the reasons therefore, and must be given an opportunity to object, propose alternatives, and consult with family, friends, and/or advocacy agencies prior to their implementation; and(e) Rules, policies, or procedures which modify or limit the rights of the person supported must be in writing and posted in a conspicuous place.Tenn. Comp. R. & Regs. 0465-02-06-.07
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.