68-1-113 - Office on civil rights compliance Sanctions.
68-1-113. Office on civil rights compliance Sanctions.
(a) (1) There is established, as an extension of the office of Title VI compliance within the department of health, an office on civil rights compliance by health care facilities.
(2) The office shall monitor, and upon receiving a complaint shall investigate, health care facilities licensed by the state, to determine whether any facility is denying any individual the full and equal enjoyment of the services, privileges, advantages and accommodations offered within the facility on the grounds of race, color or national origin.
(3) Following an investigation, if a determination is made by the office that any such discriminatory practice has occurred or is occurring, the office shall inform the health care facility of its findings and shall work with the facility to take affirmative action to ensure compliance with this section, and to ensure the health care facility shall cease and desist from the discriminatory practice.
(4) The office on civil rights compliance shall report and document any such discriminatory practice to the commissioner, the Tennessee human rights commission, and the board for licensing health care facilities.
(b) If complaints of discriminatory practices continue to be received by the office during the time the office is monitoring previously investigated complaints or during follow-up investigations, and if the office determines that the facility has continued to engage in the discriminatory practices, the office shall forward its findings to the board for licensing health care facilities for appropriate disciplinary action. The board shall have the authority to impose sanctions as provided in subsection (c) for violations of this section.
(c) The board for licensing health care facilities may deny, suspend or revoke the license issued to the health care facility for a violation of this section.
(d) In addition to the action pursuant to subsection (c) by the board, the commissioner may impose a civil penalty in an amount not to exceed five thousand dollars ($5,000) for violation of this section.
(e) Any sanction imposed upon a health care facility by the board or the commissioner pursuant to this section shall be imposed in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) Implementation of the provisions of this section shall be subject to funding being provided in the general appropriations act.
[Acts 1988, ch. 977, §§ 1, 2.]