Hospitals and Health Care Facilities

Plain English Breakdown

The official source material does not provide information on the exact impact on resident rights and facility operations after the effective date.

The Frank J. Lake III Act

This bill requires assisted-care living facilities to inform residents and their guardians about potential disciplinary actions and updates how the Health Facilities Commission posts notices on its website.

What This Bill Does

• Requires the Health Facilities Commission to post a notice on its website if an assisted-care facility is under investigation for possible disciplinary action or placed on probation.
• Directs facilities to provide residents or their guardians with a link to check the current licensure status and any history of disciplinary actions before admitting them.

Who It Names or Affects

• Assisted-care living facilities in Tennessee
• Residents of these facilities and their guardians

Terms To Know

Health Facilities Commission

The agency that oversees the licensing and regulation of health care facilities, including assisted-care living facilities.

Long-term care ombudsman

A person who advocates for the rights of residents in long-term care facilities and helps resolve complaints.

Limits and Unknowns

• The bill does not specify what happens if a facility fails to comply with these requirements.
• It is unclear how this act will be enforced or monitored by regulatory bodies.

Official Summary Text

After it has been determined that a nursing home has made a violation that could lead to a suspension or revocation of its license, or lead to a loss of federal funds related to any agreement to furnish services under the federal Social Security Act, pre
sent law requires the health facilities commission ("commission") to provide a period of up to 30 days for further fact finding relative to the violations and their correction.

This bill requires the commission to post a notice on the commission's website in such place designated for the assisted-care living facility's licensure status stating: "
POSSIBLE DISCIPLINARY ACTION IS PENDING AND THE RESOLUTION OF WHICH WILL BE DETERMINED BY THE HEALTH FACILITIES COMMISSION. THIS DOES NOT CONSTITUTE AN ADMISSION OF ANY DEFICIENCY BY THE FACILITY.
" This bill also requires the commission to post the same notice on the commission's website when it places an assisted-care living facility o
n probation.

This bill requires a facility, prior to the admission of a resident, to provide the resident, or the resident's guardian, conservator, or representative with the website link that lists the current licensure status of the assisted-care living facility an
d any history of disciplinary actions for such facility.

LONG-TERM CARE OMBUDSMAN NOTICE

Present law requires homes for the aged, traumatic brain injury residential homes, assisted care living facilities, and adult care homes to inform residents of their right to file a complaint with the state at any time and advise residents of the availab
ility of a long-term care ombudsman. This bill requires each resident, or each resident's guardian, conservator, or representative, to be notified if a long-term care ombudsman is contacted by an assisted-care living facility.

Current Bill Text

SENATE BILL 2307
By Pody

HOUSE BILL 1688
By Lynn
HB1688
010322
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 68,
Chapter 11, relative to assisted-care living
facilities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as "The Frank J. Lake III Act."
SECTION 2. Tennessee Code Annotated, Section 68-11-207(h), is amended by
redesignating the existing language as subdivision (h)(1) and adding the following language as
a new subdivision (h)(2):
(2) If the commission provides an assisted-care living facility a period of up to
thirty (30) days for further fact finding, as described in subdivision (h)(1), then the
commission shall post the following notice on the commission's website in such place
designated for the assisted-care living facility's licensure status:
POSSIBLE DISCIPLINARY ACTION IS PENDING AND THE RESOLUTION OF
WHICH WILL BE DETERMINED BY THE HEALTH FACILITIES COMMISSION. THIS
DOES NOT CONSTITUTE AN ADMISSION OF ANY DEFICIENCY BY THE FACILITY.
SECTION 3. Tennessee Code Annotated, Section 68-11-207(e)(4), is amended by
redesignating the existing language as subdivision (e)(4)(A) and adding the following language
as a new subdivision (e)(4)(B):
(B) If the commission places an assisted-care living facility on probation, then
the commission shall post the following notice on the commission's website in such
place designated for the assisted-care living facility's licensure status:

- 2 - 010322

POSSIBLE DISCIPLINARY ACTION IS PENDING AND THE RESOLUTION OF
WHICH WILL BE DETERMINED BY THE HEALTH FACILITIES COMMISSION. THIS
DOES NOT CONSTITUTE AN ADMISSION OF ANY DEFICIENCY BY THE FACILITY.
SECTION 4. Tennessee Code Annotated, Section 68-11-207(i), is amended by adding
the following as a new subdivision:
(8) If a long-term care ombudsman is contacted by an assisted-care living
facility, then such ombudsman must notify each resident or each resident's guardian,
conservator, or representative.
SECTION 5. Tennessee Code Annotated, Title 68, Chapter 11, Part 2, is amended by
adding the following as a new section:
In addition to any other disclosure required by this part, prior to the admission of
a resident to an assisted-care living facility pursuant to this chapter or prior to the
execution of a contract for the care of a resident in such facility, whichever occurs first,
the facility shall provide in writing to the resident or the resident's guardian, conservator,
or representative the website link that lists the current licensure status of the assisted-
care living facility and any history of disciplinary actions for such facility.
SECTION 6. This act takes effect July 1, 2026, the public welfare requiring it.