Tenn. Code Ann. § 52-2-416
This is the official text of Tenn. Code Ann. § 52-2-416, part of Tennessee’s Code Ann — part of the compiled statutory law of Tennessee, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Serious abuse, dereliction, or deficiency in operation of facility - License suspension or revocation
Official statutory text
(a) The department shall investigate reports of serious abuse, dereliction, or deficiency in the operation of a licensed service or facility. (b) (1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, are presumed to be acting in good faith and are immune from any liability, civil or criminal, that might otherwise be incurred or imposed. (2) Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation. (3) Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report. (c) (1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction, or deficiency is found and not corrected in a reasonable time. (2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment must not exceed a period of one hundred twenty (120) days, except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. This part does not take away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) . Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall investigate reports of serious abuse, dereliction, or deficiency in the operation of a licensed service or facility.
(b) (1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, are presumed to be acting in good faith and are immune from any liability, civil or criminal, that might otherwise be incurred or imposed. (2) Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation. (3) Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
(1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, are presumed to be acting in good faith and are immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(2) Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation.
(3) Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
imposed.
(2) Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation.
(3) Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
(c) (1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction, or deficiency is found and not corrected in a reasonable time. (2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment must not exceed a period of one hundred twenty (120) days, except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. This part does not take away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) .
(1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction, or deficiency is found and not corrected in a reasonable time.
(2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment must not exceed a period of one hundred twenty (120) days, except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. This part does not take away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
(a) The department shall investigate reports of serious abuse, dereliction, or deficiency in the operation of a licensed service or facility.
(b) (1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, are presumed to be acting in good faith and are immune from any liability, civil or criminal, that might otherwise be incurred or imposed. (2) Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation. (3) Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
(1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, are presumed to be acting in good faith and are immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(2) Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation.
(3) Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
imposed.
(2) Any such person has the same immunity with respect to participation in any judicial proceeding resulting from the report or investigation.
(3) Any person making a report under this part has a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
(c) (1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction, or deficiency is found and not corrected in a reasonable time. (2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment must not exceed a period of one hundred twenty (120) days, except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. This part does not take away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) .
(1) The commissioner shall suspend or revoke the license of any service or facility if serious abuse, dereliction, or deficiency is found and not corrected in a reasonable time.
(2) The commissioner, in the commissioner's discretion, may suspend enrollment in a service or facility pending resolution of the investigation or of proceedings to suspend, revoke, or deny the license, or until the service or facility corrects any serious abuse, dereliction, or deficiency found in the course of the investigation. The commissioner may suspend enrollment in a licensed service or facility based on probable cause to believe that serious abuse, dereliction, or deficiency in the operation of the licensed service or facility has occurred or would occur without suspension of enrollment. Suspension of enrollment must not exceed a period of one hundred twenty (120) days, except that, in the discretion of the commissioner, the period may be extended for an additional period not to exceed one hundred twenty (120) days. This part does not take away from the right of the department to issue an order of summary suspension of the license pursuant to § 4-5-320(c) and (d) .
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.
Status: in_force
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