Hearing on Resident’s Appeal of Involuntary Discharge From Facility — Timeframe for Hearing and Final Order

1. Law
2. Tennessee Code
3. Welfare
4. Programs and Services for Poor Persons
5. Long-Term Care Community Choices Act of 2008
6. Hearing on Resident’s Appeal of Involuntary Discharge From Facility — Timeframe for Hearing and Final Order

If a resident appeals the facility's notice of involuntary discharge to that resident and a hearing is requested pursuant to 42 C.F.R. § 431.220(a)(3) before the bureau of TennCare:

1. The hearing shall be conducted and a final order rendered within ninety (90) days from the date of the resident's appeal of the facility's involuntary discharge notice;
2. The timeframe specified in subdivision (1) may be extended or continued with the consent of both the facility and the resident; and
3. The timeframe specified in subdivision (1) may be extended by the presiding administrative law judge without the consent of the facility, but only after a showing by the resident, or the resident's representative, that the resident faces a substantial threat of irreparable damage or injury if a continuance is not granted.

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