Standards for Nursing Services in Residential Hospices (TN Attorney General Opinions March 12, 2010)
In this opinion, the Attorney General examines whether a federal interpretive guideline contained in the recent interim final Hospice Program Interpretive Guidance preempts or modifies the applicable Tennessee Department of Health rule
regarding nursing services in residential hospices. He determined that the federal guideline does not modify the Tennessee rule because the federal guideline requires that hospice staff comply with both state and federal laws and that in the case of a difference in licensing requirements between the state law and federal law, the regulation requires the hospice to meet the more stringent of the two requirements.
The full opinion may be found at:
http://www.tba2.org/tba_files/AG/2010/ag_10_32.pdf
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