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 16 - TENNESSEE HEALTH SERVICES AND PLANNING ACT OF 2021 (§§ 68-11-NEW — 68-11-1627) › Section 68-11-1620 - Fees and civil penalties

(a)
Fees and civil penalties authorized by the certificate of need program established by this part must be paid by the health facilities commission or the collecting agency to the state treasurer and deposited in the state general fund and credited to a separate account for the commission's expenses incurred administering the implementation and enforcement of the certificate of need laws and in the operation of the commission. 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 may only be made for the purpose of defraying expenses incurred in the implementation and enforcement of the certificate of need program established by this part by the commission and in the operation of the commission. Funds remaining in the account at the end of a fiscal year do not revert to the general fund but remain available for expenditure in accordance with law. All funds previously collected by the commission and held in the reserve established by this part are also available to the commission pursuant to this section.
(b)
The commission shall prescribe fees by rule as authorized by the certificate of need program established by this part. The fees must be in an amount that, in addition to the fees prescribed in subsection (c), provides for the cost of administering the implementation and enforcement of the certificate of need program established by this part by the commission.
(c)
The commission shall annually collect the following schedule of fees from healthcare providers, and the fees must be paid to the state treasurer and deposited in the state general fund and credited to the commission's separate account. The following schedule applies:
(1)
Residential hospice ....................$100 per license;
(2)
Nursing homes 1-50 beds ....................$500 per license;
(3)
Nursing homes 51-100 beds ....................$1,500 per license;
(4)
Nursing homes 101+ beds ....................$2,500 per license;
(5)
Hospitals 1-100 beds ....................$2,000 per license;
(6)
Hospitals 101-200 beds ....................$3,500 per license;
(7)
Hospitals 201+ beds ....................$5,000 per license;
(8)
Ambulatory surgical treatment centers ....................$2,000 per license;
(9)
Outpatient diagnostic centers ....................$2,000 per license;
(10)
Home care organizations authorized to provide home health services or hospice services ....................$500 per license;
(11)
Birthing Centers....................$50 per license;
(12)
Nonresidential substitution-based treatment centers for opiate addiction ....................$500 per license;
(13)
Mental health residential treatment facilities....................$100 per license;
(14)
Intellectual disability institutional habilitation facilities ....................$100 per license.
Amended by 2024 Tenn. Acts, ch. 932,s 22, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, Secs.s 146, s 147 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 145, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4.