1. (1) The Board may suspend or revoke a license for: PROVIDING HOME MEDICAL EQUIPMENT

   1. (a) Violation of federal or state statutes;
   2. (b) Violation of rules as set forth in this chapter;
   3. (c) Permitting, aiding or abetting the commission of any illegal act by the agency;
   4. (d) Conduct or practices found by the Board to be detrimental to the health, safety, or welfare of the patients of the agency;
   5. (e) Failure to renew the license; and
   6. (f) Failure to comply with survey document requests after three (3) written requests to the contact person are made by a surveyor.

2. (2) The Board may consider all factors which it deems relevant, including but not limited to the following, when determining sanctions:

   1. (a) The degree of sanctions necessary to ensure immediate and continued compliance;
   2. (b) The character and degree of impact of the violation on the health, safety and welfare of the patient in the agency.
   3. (c) The conduct of the agency in taking all feasible steps or procedures necessary or appropriate to comply or correct the violation; and
   4. (d) Any prior violations by the agency of statutes, rules or orders of the Board.

3. (3) When an agency is found by the Department to have committed a violation of this chapter, the Department will issue to the agency a statement of deficiencies. Within ten (10) days of receipt of the statement of deficiencies the agency must return a plan of correction indicating the following:

   1. (a) How the deficiency will be corrected; and
   2. (b) The date upon which each deficiency will be corrected;
4. (4) Reconsideration and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to Rule 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.
5. (5) When an agency contact person fails to respond to the third written request for documentation from a surveyor, the agency shall be subject to a civil monetary penalty ranging from five hundred dollars ($500.00) to five thousand dollars ($5,000.00), and disciplinary action up to revocation of the license. If the same violation has occurred within the last twelve (12) months, the civil monetary penalty may be doubled.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-219, 4-5-312, 4-5-316, 4-5-317, 68-11-202, 68-11-204, 68-11- 206 through 68-11-209, and 68-11-226. Administrative History: Original rule filed August 24, 2000; effective November 7, 2000. Amendment filed March 1, 2007; effective May 15, 2007. Transferred from chapter 1200-08-29 pursuant to Public Chapter 1119 of 2022 effective July 1, 2022. Emergency rules filed June 26, 2023; effective through December 23, 2023. Emergency rules expired effective December 24, 2023, and the rules reverted to their previous statuses. Amendments filed March 4, 2024; effective June 2, 2024. PROVIDING HOME MEDICAL EQUIPMENT