reglab/housing_qa huggingface dataset:
TN Code § 68-11-1406 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 14 - Alzheimer's Disease Treatment|§ 68-11-1406. Verification of Disclosure Form by Department

   The department may examine the disclosure form required by this part to verify its accuracy. If determined to be inaccurate, the department shall require the entity, facility, program or the instrumentality of the state or of a political subdivision to:  Provide the specialized care, treatment or therapeutic activities listed on the disclosure form; or   Modify the disclosure form to reflect the specialized care, treatment or therapeutic activities actually being offered.     The entity, facility, program or the instrumentality of the state or of a political subdivision of the state shall make the decision of which alternative to pursue. Action by the department in pursuit of this subsection (a) shall not affect the licensing process for any entity, facility, program or the instrumentality of the state or of a political subdivision of the state.     For the purpose of the review and verification referred to in subsection (a), the disclosure form being provided to the public at the time of the review and verification shall be used.   Failure to provide the disclosure required by this part is a Class B misdemeanor, punishable only by a fine of five hundred dollars ($500).
TN Code § 68-11-1501 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 15 - Patient’s Privacy Protection Act|§ 68-11-1501. Short Title

 This part shall be known and may be cited as the “Patient's Privacy Protection Act.”
TN Code § 68-11-1502 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 15 - Patient’s Privacy Protection Act|§ 68-11-1502. Rights to Privacy

 Every patient entering and receiving care at a health care facility licensed by the board for licensing health care facilities has the expectation of and right to privacy for care received at such facility.
TN Code § 68-11-1504 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 15 - Patient’s Privacy Protection Act|§ 68-11-1504. Penalties — Civil Actions Available

 The penalties and injunctions available under this chapter shall apply to this part. Civil actions for damages for invasion of privacy shall also be available to a person for violations of this part.
TN Code § 68-11-1505 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 15 - Patient’s Privacy Protection Act|§ 68-11-1505. Subpoenas

 Nothing in this part shall be construed as prohibiting the information made confidential by this part from being subject to the subpoena of a court of competent jurisdiction.
TN Code § 68-11-1601 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1601. Short Title

 This part shall be known and may be cited as the “Tennessee Health Services and Planning Act of 2002.”
TN Code § 68-11-1603 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1603. Policy

 It is declared to be the public policy of this state that the establishment and modification of health care institutions, facilities and services shall be accomplished in a manner that is orderly, economical and consistent with the effective development of necessary and adequate means of providing for the health care of the people of Tennessee. To this end, this section shall be equitably applied to all health care entities, regardless of ownership or type, except those owned and operated by the United States government.
TN Code § 68-11-1605 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1605. Powers and Duties of Agency

 In addition to the powers granted elsewhere in this part, the agency has the duty and responsibility to:   Receive and consider applications for certificates of need, to review recommendations on certificates of need, and to grant or deny certificates of need on the basis of the merits of such applications within the context of the local, regional and state health needs and plans, including, but not limited to, the state health plan developed pursuant to § 68-11-1625, in accordance with this part;   Review the state health plan as developed and submitted by the state health planning division and make recommendations to the state health planning division and the governor concerning the state health plan;   Promulgate rules, regulations and procedures deemed necessary by the agency for the fulfillment of its duties and responsibilities under this part, including a procedure for the issuance of a certificate of need upon an emergency application where an unforeseen event necessitates the issuance of a certificate of need to protect the public health, safety and welfare, and where the public health, safety and welfare would be unavoidably jeopardized by compliance with the procedures established under other provisions of this part;   Contract when necessary for the implementation of the certificate of need program as defined by this part; and   Weigh and consider the quality of health care to be provided and the health care needs of consumers, particularly women, racial and ethnic minorities, TennCare or medicaid recipients and low income groups whenever the agency performs its duties or responsibilities assigned by law.
TN Code § 68-11-1608 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1608. Review of Applications — Report

  The departments of health, mental health and substance abuse services, and intellectual and developmental disabilities shall review each application whose subject matter or funding is within their respective jurisdictions, according to the process described in the rules of the health services and development agency. At a minimum, the reports shall provide:  Verification of applicant-submitted information;   Documentation or source for data;   A review of the applicant's participation or nonparticipation in TennCare or its successor;   Analyses of the impact of a proposed project on the utilization of existing providers and the financial consequences to existing providers from any loss of utilization that would result from the proposed project;   Specific determinations as to whether a proposed project is consistent with any applicable quality measures under § 68-11-1609(b) and the state health plan; and   Further studies and inquiries necessary to evaluate the application pursuant to the rules of the agency.     Upon request by interested parties or at the direction of the executive director, the staff of the agency shall conduct a fact-finding public hearing on the application in the area in which the project is to be located.   Reviewing agencies shall have no more than sixty (60) days from the agency notice required by this part to file its written report with the agency. A copy of the evaluation made by the department shall be forwarded to the applicant, and to the agency, and shall be made available to others upon their request.   The executive director may establish a date of less than sixty (60) days for reports on applications that are to be considered for a consent or emergency calendar established in accordance with agency rule. Any such rule shall provide that, in order to qualify for the consent calendar, an application must not be opposed by any person with legal standing to oppose and the application must appear to meet the established criteria for the issuance of a certificate of need. If opposition is stated in writing prior to the application being formally considered by the agency, it shall be taken off the consent calendar and placed on the next regular agenda, unless waived by the parties.
TN Code § 68-11-1611 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1611. Review of Progress — Revocation of Certificate

 The agency shall, at least annually, review progress on any project covered by an issued certificate of need, and may require a showing by the holder of such certificate of substantial and timely progress to implement the project; and if, in the opinion of the executive director, such progress is lacking, the executive director may present a petition for revocation of the certificate of need for the agency's consideration. The agency may revoke the certificate of need based upon a finding that the holder has not proceeded to implement the project in a timely manner.
TN Code § 68-11-1612 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1612. Enjoining Violations — Jurisdiction

  The agency, in addition to the powers and duties expressly granted by this part, is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is performing any of the actions specified in this part without possessing a valid certificate of need.   Jurisdiction is conferred upon the circuit and the chancery courts of the state to hear and determine such causes as chancery causes, and to exercise full and complete jurisdiction in such injunctive proceedings.
TN Code § 68-11-1613 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1613. Appropriation/expenditures Impact Statement

 The division of TennCare or its successor, by the fifteenth of each month, shall submit to the chairs of the finance, ways and means committees of the senate and the house of representatives and to the office of legislative budget analysis a statement reflecting the estimated impact on future state appropriations or expenditures of applications approved by the agency the preceding month.
TN Code § 68-11-1614 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1614. Independent Review and Verification of Information Submitted to Agency

  The commissioners of health, mental health and substance abuse services, and intellectual and developmental disabilities shall establish policies and procedures to ensure independent review and verification of information submitted to the agency in applications, presentations, or otherwise.   The purpose of such independent review and verification shall be to ensure that such information is accurate, complete, comprehensive, timely, and relevant to the decision to be made by the agency.   The policies and procedures shall include, but not necessarily be limited to:  Independent review and verification of such applicant-provided information as to the number of available beds within a region, occupancy rates, the number of individuals on waiting lists, the demographics of a region, the number of procedures, as well as any other critical information submitted or requested concerning an application; and   Staff examinations of data sources, data input, data processing, and data output, as well as verification of critical information through review procedures, to include one (1) or more of the following:  Analytical review;   Tests for information on a sample basis by tracing facts to sources;   Tests of all information provided, if necessary;   Critical assessment of data sources, including the appropriateness of the sources; and   Examination of the basis for projections of need, costs and available health services.
TN Code § 68-11-1615 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1615. Independent Review and Verification of Information for Joint Annual Report

 The commissioners of health, mental health and substance abuse services, and intellectual and developmental disabilities shall establish policies and procedures to ensure independent review and verification of information submitted by health care providers for inclusion in the joint annual report.
TN Code § 68-11-1616 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1616. Written Documentation and Explanation for Grant or Denial of Certificate of Need

 Each decision rendered by the health services and development agency shall include written documentation and explanation of the factual and legal basis upon which the agency grants or denies the certificate of need.
TN Code § 68-11-1617 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1617. Violations — Penalties

  The agency has the power and authority, after notice and an opportunity for a hearing, to impose a civil monetary penalty against any person who performs, offers to perform, or holds such person out as performing any activity for which a certificate of need is required, without first obtaining a valid certificate of need.   A civil penalty proceeding shall be initiated by the executive director of the agency with the filing of a petition with the agency. The proceeding shall be conducted as a contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.   The civil penalty shall be in an amount not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day of continued activity or operation. Once a civil penalty has been imposed, the violator shall have the burden of submitting verifiable evidence satisfactory to the agency that the violator has discontinued the activity for which the civil penalty was imposed. The penalty shall begin to accrue on the date the agency notified the violator of such violation or violations, and shall continue to accrue until such evidence of discontinuance is received at the agency office.   Any appeal of a final order imposing a civil penalty shall be conducted in accordance with the Uniform Administrative Procedures Act.   In determining whether to impose a civil penalty and the amount of the penalty, the agency may consider the following factors:  The economic benefits gained from the activities in question. The agency does not have to show that the violator would not have been granted a certificate of need had one been sought;   Whether the civil penalty and the amount of the penalty, will be a substantial economic deterrent to the violator and others;   The circumstances leading to the violation, and whether the violator had notice that the activity was in violation of the certificate of need laws or agency regulations;   The financial resources of the violator, and the violator's ability to pay the penalty; and   The failure to meet a quality standard applicable to the violator.
TN Code § 68-11-1618 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1618. Change of Ownership — Notice to Agency

 Notice must be made to the agency of change of ownership occurring within two (2) years of the date of the initial licensure of a health care institution. Notice must be made within thirty (30) days of the change of ownership and must include documentation of the commitment from the subsequent owner to comply with all conditions placed on the original certificate of need, and on the license, pursuant to this part.
TN Code § 68-11-1619 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1619. Revocation of Certificate of Need — Grounds

 In addition to any other grounds for revocation provided by other statutes, rule of law, or equity, the agency has the power to revoke a certificate of need whenever any of the following has occurred:   The holder of a certificate of need has not made substantial and timely progress toward the completion of the project or acquisition of the equipment;   The acquisition or project as described in the person's application has been changed or altered in such a manner as to significantly deviate from the acquisition or project approved by the agency when the certificate of need was granted;   The decision to issue a certificate of need was based, in whole or in part, on information or data in the application which was false, incorrect, or misleading, whether intentional or not;   The holder of the certificate of need has committed fraud in obtaining the certificate of need or has committed fraud upon the agency after the certificate of need was issued. For purposes of this section, “fraud” means any form of deceit, trickery, misrepresentation, or subterfuge, including, but not limited to, any of the following actions:  Making a knowingly false statement, orally or in writing, in connection with a certificate of need application or project subject to the jurisdiction of the agency;   Intentionally withholding or suppressing information that the person knows, or reasonably should know, is relevant to a certificate of need application or project subject to the jurisdiction of the agency; or   Altering, forging, or otherwise modifying, with fraudulent intent, any document submitted to the agency in connection with any certificate of need application or project subject to the jurisdiction of the agency; or     The violation of any condition placed upon a certificate of need by the agency, prior to licensure by the department of health or department of mental health and substance abuse services.
TN Code § 68-11-1620 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1620. Nontransferability of Certificate of Need

  Except as provided in this section, the transfer of a certificate of need shall render the certificate of need and all rights under it null and void. As used in this section, “transfer” means any sale, assignment, lease, conveyance, purchase, grant, donation, gift or any other direct or indirect transfer of any nature whatsoever of a certificate of need; provided, that nothing in this section shall prohibit the transfer of a certificate of need, other than a certificate of need for the establishment of a new health care institution, if the certificate of need is transferred as part of the transfer of ownership of an existing health care institution.    With regard to a certificate of need for the establishment of a proposed new health care institution, a change of control of the entity prior to completion or licensing shall render the certificate of need and all rights under it null and void. “Change of control” means:  In the case of a partnership, the termination of interest of a general partner;   In the case of a limited liability company or limited liability partnership, a change in the composition of members or partners to the extent that the management or membership control is different than that described in the certificate of need application; and   In the case of a corporation, the termination of interest of a shareholder or shareholders controlling more than fifty percent (50%) of the outstanding voting stock of the corporation.     Nothing in subdivision (b)(1) shall prohibit change of control as described in subdivision (b)(1), if the agency determines, upon petition of the prospective owner or owners of the entity, that such prospective owner or owners demonstrate that they meet the criteria of economic feasibility, contribution of orderly development and the considerations of § 68-11-1605.     A certificate of need, and the rights under the certificate of need, shall be null and void if it is the subject of a development contract or agreement to sell or lease the facility that was not fully disclosed in the application.
TN Code § 68-11-1622 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1622. Application for Medicare Skilled Nursing Facility (Snf) Beds

  During each fiscal year after June 30, 2016, until June 30, 2021, the agency shall issue no certificates of need for new nursing home beds, including the conversion of hospital beds to nursing home beds or swing beds, other than one hundred twenty-five (125) beds per fiscal year, to be certified as medicare skilled nursing facility (SNF) beds as authorized in this section.   The number of medicare SNF beds issued under this section shall not exceed thirty (30) for each applicant. The applicant shall specify in the application the skilled services to be provided and how the applicant intends to provide such skilled services. In reviewing applications, the agency shall consider the application without regard as to whether the applicant currently has medicare SNF beds. Applications for medicare SNF beds under this section shall be reviewed by the department and considered by the agency pursuant to § 68-11-1609, rather than § 68-11-1621. If the pool of one hundred twenty-five (125) medicare SNF beds created by this section is not depleted prior to June 30 of the fiscal year, the beds remaining in such pool shall be considered to be available to applicants who apply before June 30 of each fiscal year, even though review may occur after June 30 of that year.
TN Code § 68-11-1623 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 16 - Tennessee Health Services and Planning Act of 2002|§ 68-11-1623. Account for Disposition of Fees — Budget

  All fees and civil penalties authorized by this part, with the exception of fees established pursuant to § 68-11-1625, shall be paid by the health services and development agency or the collecting agency to the state treasurer and deposited in the state general fund and credited to a separate account for the agency. Fees include, but are not limited to, fees for the application of certificates of need, subscriptions, project cost overruns, copying, and contested cases. Disbursements from that account shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of this part by the agency. Funds remaining in the account at the end of any fiscal year shall not revert to the general fund but shall remain available for expenditure in accordance with law.   The agency shall prescribe fees by rule as authorized by this part. The fees shall be in an amount that provides for the cost of administering the implementation and enforcement of this part by the agency. Fees prescribed by the agency shall be adjusted as necessary to provide that the account is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures.