Tennessee Board of Licensing of Health Care Facilities Issues Policies Related to Treatment and Containment of COVID-19

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On March 13, 2020, the Tennessee Board of Licensing of Health Care Facilities issued Policy Memorandum #82 entitled “Interpretation and Temporary Waiver of Rules Related to Treatment and Containment Of COVID-19”. Policy Memorandum #82 remains in effect until October 7, 2020 or an earlier date determined by the Board.

In summary, Policy Memorandum #82:

  • Requires that all licensed facility types appropriately screen and monitor patients, residents, staff, and visitors for any symptoms of COVID-19. For patients/residents, staff, and visitors with known or suspected COVID 19, facilities are required to follow CDC guidance found at https://www.cdc.gov/coronavirus/2019-ncov/healthcare-facilities/prevent-spread-in-long-term-care-facilities.html.
  • Provides that licensed facilities with policies in place regarding the restriction of visitation will be held to those policies.
  • Suspends certain rules in order to allow the following facilities types to limit visitation in order to protect residents from the spread of COVID-19: Assisted Care Living Facilities (ACLF), Residential Homes for the Aged (RHA), Traumatic Brain Injury Residential Homes, Adult Care Homes, HIV Supportive Living Centers. (All federally certified facility types are to follow CMS guidance).
  • Provides that ACLF and RHA workers with known or suspected COVID-19 shall not report to work (excludes COVID-19 from Tenn. Comp. R. & Reg. 1200-08-25-.06(5)(a) and Tenn. Comp. R. & Reg. 1200-08-11-.04(7)).
  • Establishes facility requirements for the following temporary structures related to the treatment and containment of COVID-19: tents and mobile units (trailers).

Exhibits to Policy Memorandum #82 can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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