(a)

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Terms Used In Tennessee Code 68-11-827

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) The executive director of the health facilities commission shall establish and maintain a nursing home resident protection trust fund, created by the deposit of all penalty moneys collected from nursing homes and individuals under this part.
(2) The fund created by this subsection (a) shall be maintained for the purpose of protecting the residents of a nursing home, whose noncompliance with the conditions of continued licensure, applicable state and federal statutes, rules, regulations and contractual standards threatens the residents’ continuous care, the residents’ property, the nursing home’s continued operation, or the nursing home’s continued participation in the medical assistance program of title 71, chapter 5.
(3) In addition to any other lawful use of the nursing home resident protection trust fund, the fund may also be used for making payments for temporary management as provided in § 68-11-831.
(4) In addition to any other lawful use of the nursing home resident protection trust fund, the fund may also be used to fund a pilot grant program to assist in the implementation of Eden Alternative enhanced quality of life projects in nursing homes, assisted-care living facilities and homes for the aged in Tennessee.
(b) Notwithstanding any other law to the contrary, any such funds remaining unspent at the end of the fiscal year shall be carried over into the budget of the health facilities commission for the subsequent fiscal year, and shall continue to be carried over from year to year until expended for the purposes prescribed in this section.
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