Hospitals and Health Care Facilities

Plain English Breakdown

The effectiveness of posting notices on websites in reaching all affected residents remains uncertain.

The Frank J. Lake III Act

This bill requires assisted-care living facilities to post notices on their website if they are under investigation for possible disciplinary action and to inform residents or guardians about contact with a long-term care ombudsman.

What This Bill Does

• Requires the Health Facilities Commission to post a notice on its website if an assisted-care facility is placed on probation or under investigation for potential disciplinary actions.
• Directs facilities to provide residents or their guardians, conservators, or representatives with a link to check the current licensure status and history of disciplinary actions before admission.
• Requires long-term care ombudsmen to notify each resident or guardian if contacted by an assisted-care living facility.

Who It Names or Affects

• Assisted-care living facilities in Tennessee
• Residents of assisted-care living facilities and their guardians, conservators, or representatives

Terms To Know

Health Facilities Commission

The agency responsible for overseeing the licensing and regulation of health care facilities.

Long-term Care Ombudsman

A person who advocates on behalf of residents in long-term care facilities to ensure their rights are protected.

Limits and Unknowns

• The bill does not specify the exact consequences for failing to comply with these requirements.
• It is unclear how this act will be enforced or what penalties might apply if a facility fails to provide required information.

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

HOUSE BILL 1688
By Lynn

SENATE BILL 2307
By Pody
SB2307
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.