reglab/housing_qa huggingface dataset:
TN Code § 68-11-1624 (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|§ 68-11-1624. Participation by Local Governing Body in Hearing for Certificate of Need Application

 At a hearing conducted by the agency for a certificate of need application, if a local governing body requests to participate in such hearing, the officials of such governing body shall have the opportunity to appear before the agency and express support or opposition to the granting of a certificate of need to the applicant. The testimony of such officials shall be informational and advisory to the agency, and the support of the local governing body shall not be a requirement for the granting of a certificate of need by the agency.
TN Code § 68-11-1626 (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|§ 68-11-1626. Meeting for Organizational and Other Purposes — Administration of Certificate of Need Process

 After appointment of the health services and development agency members pursuant to this part, the members shall meet as soon as practicable for organizational and other purposes. It is the intent of the general assembly that the agency shall be fully and solely responsible for administration of the certificate of need process on July 1, 2002. Jurisdiction of the agency over the certificate of need process shall be effective simultaneously with the cessation of the health facilities commission, and there shall be no period in which a certificate of need is not required for the actions set forth in § 68-11-1607.
TN Code § 68-11-1627 (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|§ 68-11-1627. Replacement Facility Applications — Certificates of Need for Nursing Home Beds

  A replacement facility application is any application that proposes to replace one (1) or more currently licensed nursing homes with one (1) single licensed nursing home.   Any application or portion of a replacement facility application that does not increase the number of licensed beds over the number of beds in the existing facility or facilities being replaced shall be reviewed by the department and considered by the agency pursuant to the criteria in § 68-11-1609(b), and shall not be considered new nursing home beds. In reviewing the application, the agency shall give preference to projects that propose replacement facilities because of building or life safety standard issues. The criteria of §§ 68-11-1621 and 68-11-1622 shall not apply to replacement facility applications.   If a replacement facility application seeks to increase the number of licensed beds over the number of beds in the existing facility or facilities being replaced, that portion of the application that increases the number of beds must comply with § 68-11-1622, and shall be considered new nursing home beds. The remaining part of the application relative to the replacement of the facility or facilities shall be reviewed by the department and considered under the criteria set out in subsection (b). In reviewing such an application, the agency shall give preference to projects that propose replacement facilities because of building or life safety standard issues.   With regard to a certificate of need to replace a nursing home that has ceased operations, the original facility is not required to maintain its license after the certificate of need has been approved for the replacement facility.
TN Code § 68-11-1628 (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|§ 68-11-1628. Relocation of Beds — Requirements — Certification Status

  Any existing licensed and operating nursing home may relocate less than all of its licensed beds to a new location or site if the following conditions are satisfied:  The original facility has maintained an average annual occupancy rate for all licensed beds of at least eighty-five percent (85%) as reported on the joint annual reports for the calendar years 2006 and 2007;   The proposed location for relocation of beds is within the original facility's service area;   The original facility is part of a continuing care retirement community that offers long term care, including services that included skilled nursing facility (SNF) services, assisted living and independent living;   The original facility is licensed for more than two hundred ninety (290) beds by the department of health and was certified within the preceding twelve (12) months for medicaid and medicare participation; and   An application for the relocation of the beds is filed with and approved by the health services development agency pursuant to this part.     Any beds relocated to a new location shall initially have the same medicaid certification status that the original, existing nursing home relocating its beds maintains when the certificate of need is granted allowing the movement of beds.   Nothing in this section shall affect a certificate of need project filed before June 3, 2008.   Any existing licensed and operating nursing home which has been operated as part of a continuing care retirement community that offers long term care, including services that included SNF services, assisted living, and independent living for at least twenty (20) years may relocate thirty (30) or fewer of its licensed beds to a new, separately licensed nursing home which will also operate as part of a continuing care retirement community if all the following conditions are satisfied:  The proposed location for the relocation of beds is within the same county as the original facility;   Both the original licensed facility and the new separately licensed facility will be licensed to not-for-profit corporations, and are affiliated through common management;   The original facility is certified for participation in the medicare program, but is not and was not certified for the medicaid program within the ten (10) years preceding the filing of a certificate of need application for the relocation of beds, and any beds relocated to a new location shall initially have the same medicare and medicaid certification status that the original, existing nursing home relocating its beds maintains when the certificate of need is granted allowing the relocation of beds;   The original facility is licensed for at least one hundred twenty (120) nursing home beds by the department of health; and   An application for the relocation of the beds is filed with and approved by the health services development agency pursuant to this part.
TN Code § 68-11-1629 (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|§ 68-11-1629. Conditions for Relocation of Beds by an Existing Licensed and Operating Nursing Home

  Any existing licensed and operating nursing home may relocate all or fewer than all of its licensed beds to no more than two (2) new locations if the following conditions are satisfied:  The original facility is subject to a condemnation proceeding by a railroad that has a property interest in property adjacent to the facility's property;   The original facility is licensed for more than two hundred thirty (230) beds by the department of health and is certified for medicaid and medicare participation;   Any proposed location for relocation of beds is within the original facility's service area; and   One (1) or more applications for the relocation of the beds is filed with and approved by the health services development agency pursuant to this part.     Nothing in this section shall affect a certificate of need project filed before April 9, 2009.
TN Code § 68-11-1630 (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|§ 68-11-1630. Delegation of Authority to the Department to Issue New License to Successor Owner

 With regard to a health care facility that has been the subject of a change of control as defined by regulation, the board in its discretion may delegate to the department the authority to issue a new license to the successor owner; provided, however, that the delegation of the authority shall be limited to circumstances where:   The successor owner meets the qualifications for a license;   The health care facility has no outstanding license or certification deficiencies; and   The successor owner already owns or controls at least one (1) other health care facility in the state.
TN Code § 68-11-1632 (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|§ 68-11-1632. Qualified Divided Relocation of Nursing Home Facilities

  Notwithstanding any other law, the agency is authorized to consider certificate of need applications for a qualified divided relocation of a nursing home facility.   The term “qualified divided relocation of a nursing home facility” refers only to a circumstance where an existing nursing home facility seeks to relocate portions of its beds to two (2) different sites in the same county; provided, the existing nursing home facility and the proposed sites meet all of the criteria as follows:  The existing nursing home facility is at least one hundred thirty (130) beds;   The existing nursing home facility has been in existence and operated at the same site for at least forty (40) years;   The existing nursing home facility is located adjacent to a hospital that has received a certificate of need to relocate the hospital to a new site in the same county; and   Each of the sites to which the nursing home facility proposes to relocate a portion of its beds is in the same county as the existing nursing home facility.     An application for a qualified divided relocation of a nursing home facility that does not seek to increase the number of licensed beds from the number of beds to be relocated shall be reviewed by the department and considered by the agency pursuant to § 68-11-1609(b), and shall not be considered new nursing home beds. The criteria of §§ 68-11-1621 and 68-11-1622 shall not apply to an application for a qualified divided relocation of a nursing home facility.   If an application for a qualified divided relocation of a nursing home facility seeks to increase the number of licensed beds from the number of beds to be relocated, that portion of the application that increases the number of beds shall comply with § 68-11-1622, and shall be considered new nursing home beds. The remaining part of the application relative to the qualified divided relocation shall be reviewed by the department and considered under the criteria set out in subsection (c).   A certificate of need and a separate nursing home license shall be required for each of the sites to which a portion of the existing nursing home facility's beds will be relocated as part of a qualified divided relocation of a nursing home facility.
TN Code § 68-11-1633 (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|§ 68-11-1633. Development of Measures for Assessing Quality of Entities Receiving Certificate of Need — Failure to Meet Quality Measures — Penalties

  In consultation with the state health planning division and the board for licensing healthcare facilities or the department of mental health and substance abuse services, whichever is appropriate, and subject to § 68-11-1609(h) the agency shall develop measures by rule for assessing quality for entities that, on or after July 1, 2016, receive a certificate of need under this part. In developing quality measures, the agency may seek the advice of stakeholders with respect to certificates of need for specific institutions or services.   If the agency determines that an entity has failed to meet the quality measures developed under this section, the agency shall refer that finding to the board for licensing healthcare facilities or the department of mental health and substance abuse services, whichever is appropriate, for appropriate action on the license of the entity under part 2 of this chapter.   If the agency determines that an entity has failed to meet any quality measure imposed as a condition for a certificate of need by the agency, the agency may impose penalties pursuant to § 68-11-1617 or revoke a certificate of need pursuant to § 68-11-1619.
TN Code § 68-11-1634 (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|§ 68-11-1634. Relocation of Nursing Home Beds

   Any existing licensed and operating nursing home may relocate sixty-two (62) or fewer of its licensed beds to a new, separately licensed nursing home if all the following conditions are satisfied:  The proposed location for the partial relocation of beds is within the same county as the original facility;   Both the original licensed facility and the new separately licensed facility will be licensed to nonprofit corporations, and are affiliated through common ownership or management;   The original facility is located on a campus of not more than five (5) acres;   The original facility is not less than forty (40) years old and is licensed for not less than two hundred (200) nor more than two hundred twenty-five (225) nursing home beds by the department of health; and   A certificate of need application for the relocation of the beds is filed with and approved by the health services and development agency pursuant to this part.     Subdivision (a)(1) does not affect a certificate of need application filed before July 1, 2019.     Any beds relocated to a new location must initially have the same Medicaid certification status that the original, existing nursing home relocating its beds maintains when the certificate of need is granted allowing the movement of beds.   Any certificate of need application for the partial relocation of nursing home beds provided for in this section that seeks to increase the number of licensed beds above the licensed bed capacity of the existing nursing home must be reviewed by the department and considered by the health services and development agency pursuant to § 68-11-1609(b) and is not considered an application for new nursing home beds under the criteria in §§ 68-11-1621 and 68-11-1622.   Notwithstanding subsection (c), if an application for a certificate of need for the partial relocation of nursing home beds provided for in this section seeks to increase the number of licensed beds above the licensed bed capacity of the existing nursing home, that portion of the application that increases the number of beds must comply with § 68-11-1622, and is considered an application for new nursing home beds. The remaining part of the application relative to the qualified divided relocation must be reviewed by the department and considered by the health services and development agency pursuant to § 68-11-1609(b), and is not considered an application for new nursing home beds.
TN Code § 68-11-1701 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 17 - Disabled Nursing Home Volunteers|§ 68-11-1701. Legislative Intent

  The general assembly finds that:  A disabled volunteer may be able to provide assistance in improving the services provided by Tennessee's nursing homes; and   The use of a disabled volunteer in a nursing home could greatly benefit the volunteer as well.     It is the intent of the general assembly in enacting this part to determine what roles and responsibilities a volunteer with a disability could effectively assume in a nursing home and to provide for the establishment of a demonstration project to confirm the value of a disabled volunteer in a long term care facility.
TN Code § 68-11-1702 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 17 - Disabled Nursing Home Volunteers|§ 68-11-1702. Demonstration Project

  The commissioner of health is authorized to develop, in conjunction with representatives of the Tennessee Health Care Association, the Tennessee Disability Coalition and the Tennessee commission on aging and disability, a framework that delineates the functions that a disabled volunteer could safely assume in a nursing home, to establish appropriate goals and objectives for a demonstration project and to implement and evaluate a twelve-month demonstration project.   The commissioner is further authorized to identify one (1) nursing home willing to implement the demonstration project. The commissioner shall report on the effectiveness of the demonstration project to the general welfare, health and human resources committee of the senate and the health and human resources committee of the house of representatives, no later than March 1, 2006.
TN Code § 68-11-1801 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 18 - Tennessee Health Care Decisions Act|§ 68-11-1801. Short Title

 This part shall be known and may be cited as the “Tennessee Health Care Decisions Act.”
TN Code § 68-11-1804 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 18 - Tennessee Health Care Decisions Act|§ 68-11-1804. Revocation of the Designation of Agent — Revocation of Advance Directive — Spouses as Agent — Conflicts

  An individual having capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider.   An individual having capacity may revoke all or part of an advance directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.   A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent, unless otherwise specified in the decree or in an advance directive.   An advance directive that conflicts with an earlier advance directive revokes the earlier directive to the extent of the conflict.
TN Code § 68-11-1805 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 18 - Tennessee Health Care Decisions Act|§ 68-11-1805. Model Forms — Rules and Regulations

  The board for licensing health care facilities shall develop and issue appropriate model forms for advance directives that are consistent with this part.   The board for licensing health care facilities is authorized to promulgate rules and regulations in order to implement this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 68-11-1807 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 18 - Tennessee Health Care Decisions Act|§ 68-11-1807. Requirement to Comply With the Patient's Individual Instruction — Order of Precedence

  Absent a court order to the contrary, a guardian shall comply with the patient's individual instructions and may not revoke the patient's advance directive.   Absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian.   A health care decision made by a guardian for the patient is effective without judicial approval.
TN Code § 68-11-1808 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 18 - Tennessee Health Care Decisions Act|§ 68-11-1808. Determination of Capacity — Compliance by Health Care Provider or Institution

  A designated physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, guardian, or surrogate, shall promptly record the determination in the patient's current clinical record and communicate the determination to the patient, if possible, and to any person then authorized to make health care decisions for the patient.   Except as provided in subsections (c), (d), and (e), a health care provider or institution providing care to a patient shall:  Comply with an individual instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health care decisions for the patient; and   Comply with a health care decision for the patient made by a person then authorized to make health care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity.     A health care provider may decline to comply with an individual instruction or health care decision for reasons of conscience.   A health care institution may decline to comply with an individual instruction or health care decision, if the instruction or decision:  Is contrary to a policy of the institution that is based on reasons of conscience; and   The policy was timely communicated to the patient or to a person then authorized to make health care decisions for the patient.     A health care provider or institution may decline to comply with an individual instruction or health care decision that requires medically inappropriate health care or health care contrary to generally accepted health care standards applicable to the health care provider or institution.   A health care provider or institution that declines to comply with an individual instruction or health care decision pursuant to subsections (c), (d), or (e) shall:  Promptly so inform the patient, if possible, and any person then authorized to make health care decisions for the patient;   Provide continuing care to the patient until a transfer can be effected or until the determination has been made that transfer cannot be effected;   Unless the patient or person then authorized to make health care decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health care provider or institution that is willing to comply with the instruction or decision; and   If a transfer cannot be effected, the health care provider or institution shall not be compelled to comply.
TN Code § 68-11-1809 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 18 - Tennessee Health Care Decisions Act|§ 68-11-1809. Disclosure of Medical or Other Health Care Information

 Unless otherwise specified in an advance directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information.