2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 11 - HEALTH FACILITIES AND RESOURCES (§§ 68-11-101 — 68-11-2308) › Part 2 - REGULATION OF HEALTH AND RELATED FACILITIES (§§ 68-11-NEW — 68-11-277) › Section 68-11-216 - Promulgation of rules and regulations as to fees - Licensures and annual renewal fees

(a)
(1)
The commission is authorized to promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules and regulations as are necessary to set fees for licensure, renewal of licensure, late renewal fees and such other fees as are necessary to comply with the intent of subsection (b), for the entities and facilities listed in §
68-11-202(a)(1)
.
(2)
The entities and facilities referenced in subdivision (a)(1), except those operated by the United States government or the state of Tennessee, shall make application for licensure and renewal under this part and shall pay the fees applicable to them to the commission for regulatory purposes.
(3)
The licensure and annual renewal fees for the following types of home care organizations shall not exceed twenty-five percent (25%) of the total licensure and annual renewal fees set by the commission for all other home care organizations:
(A)
Home care organizations that also pay a fee to be licensed by the department of mental health and substance abuse services;
(B)
Home care organizations owned and operated by therapists who pay a fee to be licensed under title 63, chapter 13 or chapter 17; or
(C)
Home care organizations that are owned and controlled by another home care organization that pays an annual license or renewal fee.
(4)
Excluded from payment of the fees as an ambulatory surgical treatment center and an outpatient diagnostic center are hospital based ambulatory surgical treatment centers and outpatient diagnostic centers that are included in the licensing and renewal fee of the hospital in which they are located.
(5)
Prior to the promulgation of a rule increasing fees for licensed health care facilities, the health facilities commission shall present to the commission a detailed report justifying the proposed fee amount. The report shall include at least the following elements:
(A)
The fees currently charged, the proposed new fees, and the percentage increase expected from the proposed fees;
(B)
The total number of full-time equivalent positions funded, and how those positions are funded, if not entirely from fee revenue;
(C)
Justification for any increase in fees, including an itemization of actual or expected increases in costs to the commission, and inspection or licensure activities on which any proposed increases in funding will be spent; and
(D)
A specific breakdown that differentiates the costs incurred for licensure activities under state law from any other activity required by a contractual or legal requirement with the federal government.
(6)
Not later than sixty (60) calendar days prior to the presentation of the report and the information outlined in subdivision (a)(5) to the commission, the report and the information outlined in subdivision (a)(5) shall be provided to the commission and any provider association representing such a facility affected by a proposed change in licensure fees. The report and information shall be provided in both paper and electronic format, and shall be made available to any affected licensed facility upon request.
(7)
Any increase or decrease in fees proposed or approved by the commission must increase or decrease the fees for all licensed facilities by a similar percentage amount, which shall not vary more than five percent (5%) between facility types.
(b)
(1)
The fees established by the commission shall be submitted with the appropriate applications. All fees so collected shall be deposited by the commission with the state treasurer to the credit of the general fund, and shall be expended by the commission and included in the appropriation made for the commission in the general appropriations act.
(2)
[deleted by 2024 amendment].
Amended by 2024 Tenn. Acts, ch. 932,s 34, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 466, s 49, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, Secs.s 55, s 56 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 54, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 423, s 13, eff. 7/1/2019.
Acts 1947, ch. 13, § 19; C. Supp. 1950, § 5879.17 (Williams, § 4432.19); Acts 1968, ch. 522, § 6; 1971, ch. 225, § 9; 1975, ch. 215, § 2; 1975, ch. 276, § 13; 1976, ch. 471, §§ 15-17; T.C.A. (orig. ed.), § 53-1317; Acts 1984, ch. 880, § 9; 1989, ch. 434, §§ 4, 6; 1990, ch. 1090, §§ 1-7; 1991, ch. 459, §§ 1-5; 1991, ch. 475, §§ 1-4, 6; 1992, ch. 913, §§ 1, 14; 1992, ch. 953, §§ 1, 2, 4-6; 1993, ch. 234, § 21; 1993, ch. 422, §§ 1-4; 1994, ch. 747, § 5; 1994, ch. 993, §§ 1-3; 1995, ch. 316, §§ 1-3; 1996, ch. 674, § 9; 1996, ch. 818, § 3; 1997 , ch. 553, §§ 1 - 4; 1998, ch. 1021, §§ 4, 5; 1999, ch. 431, §§ 1 - 4; 2000, ch. 902, §§ 3 - 5; 2000, ch. 981, § 92; 2000, ch. 991, §§ 1 - 4; 2001, ch. 431, §§ 1 - 7; 2001, ch. 438, § 17; 2002, ch. 652, § 8; 2002, ch. 861, § 1; 2003 , ch. 242, § 1; 2003 , ch. 387, §§ 1 - 4; 2004, ch. 917, § 5; 2004, ch. 923, § 1; 2005, ch. 100, § 1; 2005, ch. 327, §§ 1 - 4; 2005, ch. 397, §§ 1, 2; 2007 , ch. 309, §§ 1 - 4; 2009 , ch. 460, §§ 1 - 6; 2009 , ch. 566, § 12; 2010 , ch. 1100, § 110; 2011 , ch. 478, §§ 1 - 5; 2012 , ch. 575, § 1; 2012 , ch. 767, § 1; 2013 , ch. 356, § 1; 2013 , ch. 410, §§ 1, 2.