1. (1) Pursuant to T.C.A. § 68-1-113, the Commissioner of the Department of Health shall have the authority to impose civil penalties upon deficient health care facilities licensed as nursing homes. Based upon the investigation of the Office on Civil Rights Compliance and the severity of the discriminatory practice, the Commissioner may impose civil penalties as provided in this section. Civil penalties may be assessed in minimum and maximum amounts as follows:

   1. (a) Type I civil penalties may be assessed in the amount of not less than three thousand five hundred dollars ($3,500) and not more than five thousand dollars ($5,000);
   2. (b) Type II civil penalties may be assessed in the amount of not less than one thousand five hundred dollars ($1,500) and no more than three thousand five hundred dollars ($3,500).
   3. (c) Type III civil penalties may be assessed in the amount of not less than five hundred dollars ($500) and no more than one thousand five hundred dollars ($1,500).

Authority: T.C.A. §§ 4-3-1803(1), 4-5-209, 68-1-103(b), and 68-1-113. Administrative History: Original rule filed February 22, 1991; effective April 8, 1991. Transferred from chapter 1200-24-03 pursuant to Public Chapter 1119 of 2022 effective July 1, 2022.