reglab/statecodes huggingface dataset:
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 12 - PUBLIC COSTS SAVINGS ACT OF 1990 (§§ 68-11-1201 — 68-11-1204) › Section 68-11-1202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Equivalent competitive procedures" means procedures that include the following:
(A)
Use of a notification procedure designed to reach prospective suppliers of goods or services likely to be interested, as well as able, to satisfy the requirement for such goods and services;
(B)
Use of specifications that do not unfairly limit the goods or services that would be responsive to the requirement and that afford a fair and reasonable opportunity for competition;
(C)
Use of a written request for quotations or bids, whenever reasonably possible; and
(D)
Use of procedures for evaluating proposals that provide a fair and equitable review of competing proposals;
(2)
"Governing board" means that group of persons designated as commissioners, directors, trustees or similar titles denoting responsibility for establishing policy and having ultimate authority for control of the management, operations and finances of a public body;
(3)
"Group purchasing program" means any plan, program or method that is intended to provide one (1) or more public bodies, or other governmental or nonprofit organizations, or other entities or persons, whether located in this state or elsewhere, with the opportunity to obtain goods or services at a discount or savings not otherwise available through the purchasing practices of a public body; and
(4)
"Public body" means:
(A)
Any hospital organized and operating under the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57, as it existed on or after May 1, 1990;
(B)
Any hospital created as a hospital district;
(C)
Any hospital or hospital authority created by public act or private act of the general assembly;
(D)
Any hospital, hospital authority or hospital district operated by any municipality or county or jointly by any one (1) or more municipalities or counties; or
(E)
Any agency or instrumentality of any of the foregoing.
Acts 1990, ch. 1079, § 2.
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 12 - PUBLIC COSTS SAVINGS ACT OF 1990 (§§ 68-11-1201 — 68-11-1204) › Section 68-11-1203 - Cost savings authorized

(a)
Notwithstanding any other law, public bodies may make purchases under or through the auspices of a group purchasing program that has not submitted a formal bid, but has made available to the public body a price quote on the goods or services proposed for purchase by the public body and which quote may be considered and accepted by the public body as the submission of a formal bid as a part of the process of the otherwise applicable competitive bidding process; provided, that:
(1)
The price quote of the group purchasing program is competitive and represents the lowest and best bid for the goods or services sought to be purchased under the competitive bidding process;
(2)
The group purchasing program certifies to the governing board of the public body that it uses equivalent competitive procedures to obtain quotes or contracts for goods or services sought to be purchased by the public body, so as to obtain the lowest and best bid available to the group purchasing program for the goods or services to be made available for purchase by the public body or other participants in the group purchasing program; and
(3)
The governing board of the public body has determined that participation in the group purchasing program is in the best interest of the public, such determination to be made at a meeting of the governing board of the public body no less frequently than annually upon a submission of a summary report by management of the public body showing the purchases made through one (1) or more group purchasing programs over a specific period of time covered by the summary report.
(b)
This part shall be construed as authority supplemental to purchasing authority provided under any other public or private act, and in the event of conflict between this part and any other public or private act, then this part shall prevail to the extent of any conflict.
Acts 1990, ch. 1079, § 3.
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 12 - PUBLIC COSTS SAVINGS ACT OF 1990 (§§ 68-11-1201 — 68-11-1204) › Section 68-11-1204 - Applicability

This part shall not be applicable to purchases made through any group purchasing organization whose membership is limited exclusively to Tennessee public hospitals and, furthermore, nothing in this part shall be construed to grant authority for the organization and operation of a group purchasing entity whose membership is limited exclusively to public hospitals.
Acts 1990, ch. 1079, § 4.
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 13 - HOSPITAL COOPERATION ACT OF 1993 (§§ 68-11-1301 — 68-11-1310) › Section 68-11-1301 - Short title

This part shall be known and may be cited as the "Hospital Cooperation Act of 1993."
Acts 1993, ch. 331, § 1.
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 13 - HOSPITAL COOPERATION ACT OF 1993 (§§ 68-11-1301 — 68-11-1310) › Section 68-11-1302 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of health;
(2)
"Cooperative agreement" means an agreement among two (2) or more hospitals for the consolidation by merger or other combination of assets, offering, provision, operation, planning, funding, pricing, contracting, utilization review or management of health services or for the sharing, allocation, or referral of patients, personnel, instructional programs, support services and facilities or medical, diagnostic or laboratory facilities or procedures or other services traditionally offered by hospitals;
(3)
"Department" means the department of health;
(4)
"Hospital" means:
(A)
Any institution required to be licensed as a hospital under §
68-11-201
, or defined as a psychiatric hospital in [former] §
68-11-102
[repealed]; or
(B)
Any parent of a hospital, hospital subsidiary or hospital affiliate that provides medical or medically-related diagnostic and laboratory services or engages in ancillary activities supporting those services; and
(5)
"Intervenor" means any hospital, physician, allied health professional, healthcare provider or other person furnishing goods or services to, or in competition with, hospitals, insurer, hospital service corporation, medical service corporation, hospital and medical services corporation, preferred provider organization, health maintenance organization, or any employer or association that directly or indirectly provides health care benefits to its employees or members.
Amended by 2015 Tenn. Acts, ch. 464, s 1, eff. 5/18/2015.
Acts 1993, ch. 331, § 2.
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 13 - HOSPITAL COOPERATION ACT OF 1993 (§§ 68-11-1301 — 68-11-1310) › Section 68-11-1306 - Protections, effectiveness, validity and applicability of agreements

(a)
Notwithstanding title 47, chapter 25, or any other law, a cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. Notwithstanding title 47, chapter 25, or any other law, if the parties to a cooperative agreement file an application for a certificate of public advantage governing the agreement with the department, the conduct of the parties in negotiating and entering into a cooperative agreement is lawful conduct. Nothing in this subsection (a) immunizes any person for conduct in negotiating and entering into a cooperative agreement for which an application for a certificate of public advantage is not filed.
(b)
If the department determines that the applicants have not established by clear and convincing evidence that the likely benefits resulting from a cooperative agreement outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, then the agreement is invalid and has no further force or effect, except that the department's active supervision shall continue until the plan of separation in §
68-11-1303(g)
has been determined by the department to be complete.
(c)
Nothing in this part exempts hospitals or other health care providers from compliance with laws governing certificates of need.
(d)
Any dispute among the parties to a cooperative agreement concerning its meaning or terms is governed by normal principles of contract law.
Amended by 2015 Tenn. Acts, ch. 464, s 5, eff. 5/18/2015.
Acts 1993, ch. 331, § 6.
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 13 - HOSPITAL COOPERATION ACT OF 1993 (§§ 68-11-1301 — 68-11-1310) › Section 68-11-1307 - Application fees - Contracting with and compensation of qualified experts, assistants and examiners - Rules and regulations

(a)
(1)
Parties to a cooperative agreement who have applied to the department for a certificate of public advantage shall pay the charges incurred in the examination of the initial application and, in the event the certificate of public advantage is approved, the charges incurred for the review and ongoing supervision of the agreement, including the expenses of the commissioner, and the expenses of the commissioner's assistants, including, but not limited to experts and examiners employed in the examination and review.
(2)
The compensation of the assistants, experts, and examiners designated by the commissioner for examining the agreement and all records deemed relevant by the commissioner for the examination and review shall be fixed by the commissioner at an amount commensurate with usual compensation for like services.
(b)
The commissioner may contract, in accordance with applicable state contracting procedures, for qualified experts, the commissioner deems necessary to conduct examination and review of the agreement and the parties' records.
(c)
The full cost of the examination and ongoing review fixed by the commissioner shall be paid into the department for its use and benefit in meeting the expenses and compensation for the assistants, experts, and examiners engaged in the examination and review.
(d)
The department may promulgate rules to implement this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, but rules are not necessary for the operation of this part.
Amended by 2015 Tenn. Acts, ch. 464,s 6, eff. 5/18/2015.
Acts 1993, ch. 331, § 7.
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 13 - HOSPITAL COOPERATION ACT OF 1993 (§§ 68-11-1301 — 68-11-1310) › Section 68-11-1308 - Restrictions on interpretation and authority

Unless otherwise permitted by law, nothing in this part shall be deemed to grant any hospital or group of hospitals, pursuant to a cooperative agreement, the authority to operate as a health maintenance organization, preferred provider organization or insurer without obtaining an appropriate license from the department of commerce and insurance. Nothing in this part shall be deemed to grant any hospital or group of hospitals, pursuant to a cooperative agreement, the authority to negotiate terms, prices or reimbursement rates with insurers, health maintenance organizations or preferred provider organizations otherwise prohibited under federal or state antitrust laws. Furthermore, nothing in this part shall be construed as authorizing a public benefit hospital entity to enter into a public benefit hospital conveyance transaction without complying with the requirements of the Public Benefit Hospital Sales and Conveyance Act of 2006, compiled in title 48, chapter 68, part 2, or shall be construed as impacting in any way the authority of the attorney general and reporter with respect to public benefit hospital conveyance transactions under that act.
Added by 2015 Tenn. Acts, ch. 464, s 7, eff. 5/18/2015.
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 13 - HOSPITAL COOPERATION ACT OF 1993 (§§ 68-11-1301 — 68-11-1310) › Section 68-11-1309 - Limitation on referrals

Nothing in this part shall be deemed to permit any referral to a provider-owned facility otherwise prohibited by state or federal law.
Acts 1993, ch. 331, § 9.
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 13 - HOSPITAL COOPERATION ACT OF 1993 (§§ 68-11-1301 — 68-11-1310) › Section 68-11-1310 - Prohibited disclosure of confidential and proprietary information in connection with hospital cooperative agreements

(a)
The following records received by the department or the attorney general and reporter from the recipients or applicants of a certificate of public advantage for a cooperative agreement issued pursuant to this part shall not be subject to disclosure pursuant to title 10, chapter 7, part 5:
(1)
Operating and capital budgets;
(2)
Existing and future business plans other than any plans, and any modifications to those plans, that are required to be submitted to the state pursuant to a certificate of public advantage or application for a certificate of public advantage;
(3)
Financial audit working papers as defined in §
4-3-304
;
(4)
Contracts or agreements with payors and payor pricing information;
(5)
Physician recruitment plans and contracts or agreements with physicians;
(6)
Contracts or agreements with vendors;
(7)
Complaints, including hotline complaints and open investigations of such complaints; and
(8)
Employee personnel files, including performance evaluations, disciplinary actions, individual compensation amounts, and employment contract terms not otherwise publicly available.
(b)
Records set forth in subsection (a) may contain trade secrets as defined in §
47-25-1702
. The state shall notify in writing the recipient or applicant of a certificate of public advantage for a cooperative agreement at least seven (7) business days before any intended disclosure of such records. The recipient, applicant, or third party may petition the department pursuant to §
4-5-223
for a declaratory order to determine if disclosure would cause the loss of a trade secret. Any contested case convened in response to the petition shall be conducted as set forth in title 4, chapter 5, part 3; however, §
4-5-325
shall not be applicable. Records subject to the petition shall not be disclosed until the review process in title 4, chapter 5, part 3 is completed.
Added by 2018 Tenn. Acts, ch. 916, s 1, eff. 5/1/2018.
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 14 - ALZHEIMER'S DISEASE TREATMENT (§§ 68-11-1401 — 68-11-1406) › Section 68-11-1401 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Alzheimer's disease" or "Alzheimer's related dementia" means a progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking and behavior; and
(2)
"Department" means the department of health.
Acts 1996, ch. 786, § 2.
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 14 - ALZHEIMER'S DISEASE TREATMENT (§§ 68-11-1401 — 68-11-1406) › Section 68-11-1402 - Sale, manufacture and dispensing of medication excluded from "care" or "treatment."

For the purposes of this part, "care," "treatment" and "therapeutic activities" shall not include the sole activity of marketing, selling, manufacturing or dispensing medication that is approved by the food and drug administration and prescribed by a person licensed to practice medicine in accordance with §
63-6-204
, and informational or support services related to the use of such medication.
Acts 1996, ch. 786, § 3.
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 14 - ALZHEIMER'S DISEASE TREATMENT (§§ 68-11-1401 — 68-11-1406) › Section 68-11-1403 - Applicability

(a)
This part shall not apply to an individual licensed to practice medicine under §
63-6-204
, and any person employed by such an individual; provided, that, except for facilities exempted from this part pursuant to §
68-11-1404(a)
, any facility licensed under part 2 of this chapter, that is engaged in the treatment of the elderly, shall be subject to this part.
(b)
To the extent that a hospital or subsidiary of a hospital holds itself out as providing care, treatment or therapeutic activities for persons with Alzheimer's disease or Alzheimer's related dementia as part of a specialty unit, such hospital or subsidiary shall be subject to this part.
Acts 1996, ch. 786, § 4.
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 14 - ALZHEIMER'S DISEASE TREATMENT (§§ 68-11-1401 — 68-11-1406) › Section 68-11-1405 - Specific disclosures required

The disclosure required by §
68-11-1404
shall explain the specialized care, treatment or therapeutic activities provided to patients, residents or participants with Alzheimer's disease or Alzheimer's related dementia as follows:
(1)
The overall philosophy and mission of the entity, facility, program or of the instrumentality of the state or of a political subdivision of the state that reflects the needs of patients or residents with Alzheimer's disease or Alzheimer's related dementia;
(2)
The processes for accepting patients, residents or participants into the entity, facility, program or into the instrumentality of the state or of a political subdivision of the state; for discharging patients, residents or participants from the entity, facility, program or from the instrumentality of the state or of a political subdivision of the state; and for handling emergency situations;
(3)
The processes used for defining the programs of services of that entity, facility, program or of that instrumentality of the state or of a political subdivision of the state, including the method by which the program of services responds to changes in the patient's, resident's or participant's needs;
(4)
Staffing, staff training and continuing education practices;
(5)
Description of the physical environment, including safety and security features;
(6)
The frequency and types of activities for patients, residents or participants;
(7)
The involvement of the entity, facility, program or of the instrumentality of the state or of a political subdivision of the state with families and family support programs; and
(8)
The charge structure of the specialized care, treatment or therapeutic activities, including any additional fees.
Acts 1996, ch. 786, § 6.
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 14 - ALZHEIMER'S DISEASE TREATMENT (§§ 68-11-1401 — 68-11-1406) › Section 68-11-1406 - Verification of disclosure form by department

(a)
(1)
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:
(A)
Provide the specialized care, treatment or therapeutic activities listed on the disclosure form; or
(B)
Modify the disclosure form to reflect the specialized care, treatment or therapeutic activities actually being offered.
(2)
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.
(b)
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.
(c)
Failure to provide the disclosure required by this part is a Class B misdemeanor, punishable only by a fine of five hundred dollars ($500).
Acts 1996, ch. 786, § 7.
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 15 - PATIENT'S PRIVACY PROTECTION ACT (§§ 68-11-1501 — 68-11-1505) › Section 68-11-1501 - Short title

This part shall be known and may be cited as the "Patient's Privacy Protection Act."
Acts 1996, ch. 873, § 2.
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 15 - PATIENT'S PRIVACY PROTECTION ACT (§§ 68-11-1501 — 68-11-1505) › Section 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.
Acts 1996, ch. 873, § 3.
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 15 - PATIENT'S PRIVACY PROTECTION ACT (§§ 68-11-1501 — 68-11-1505) › Section 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.
Acts 1996, ch. 873, § 5.
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 15 - PATIENT'S PRIVACY PROTECTION ACT (§§ 68-11-1501 — 68-11-1505) › Section 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.
Acts 1996, ch. 873, § 6.
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-NEW - [Newly enacted section not yet numbered]

(a)
The health facilities commission shall create a plan to study, for at least six (6) years, the impact of certificate of need reform and facilities licensure in the healthcare industry. The health facilities commission shall submit such plan to the speaker of the senate, the speaker of the house of representatives, the chair of the health committee of the house of representatives, and the chair of the health and welfare committee of the senate by December 31, 2024.
(b)
While conducting the study required by subsection (a), the health facilities commission shall consult with the chair of the health committee of the house of representatives or the chair's designee who must be a member of the house of representatives, the chair of the health and welfare committee of the senate or the chair's designee who must be a member of the senate, and hospital, physician, and community leaders from each of the three (3) grand divisions of this state to produce a report on the findings of the study.
(c)
By December 31, 2026, and by December 31 of each even-numbered year thereafter through 2030, the health facilities commission shall submit the report required by subsection (b) to the speaker of the senate, the speaker of the house of representatives, the chair of the health committee of the house of representatives, and the chair of the health and welfare committee of the senate on the progress and impact of certificate of need reform and facilities licensure in the healthcare industry.
(d)
The health facilities commission shall conduct the study and compile the reports required by this section using existing resources within the commission's budget.
Added by 2024 Tenn. Acts, ch. 985,s 18, eff. 7/1/2024.
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 68-11-1601 - Short title

This part is known and may be cited as the "Tennessee Health Services and Planning Act of 2021."
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4.
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 68-11-1603 - Policy

It is declared to be the public policy of this state that the establishment and modification of healthcare institutions, facilities, and services must be accomplished in a manner that promotes access to necessary, high quality, and cost-effective services for the health care of the people of this state. To this end, this section applies equitably to all healthcare entities, regardless of ownership or type, except those owned and operated by the United States government.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4.
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 68-11-1604 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 466, s 66, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, Secs.s 113, s 164 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, Secs.s 114, s 115, s 116, s 117, s 118, s 119, s 120, s 165 eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Amended by 2013 Tenn. Acts, ch. 131, Secs.s 3, s 4 eff. 4/12/2013.
Acts 2002, ch. 780, § 4; 2004, ch. 942, §§ 16 - 19; 2010 , ch. 1119, §§ 1-4.
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 68-11-1606 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 466, s 67, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, Secs.s 122, s 166 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, Secs.s 123, s 124, s 125, s 126, s 127, s 128 eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4.
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 68-11-1608 - Placement of applications on consent or emergency calendar - Emergency certificate of need

(a)
The executive director may place applications to be considered on a consent or emergency calendar established in accordance with commission rule.
(b)
The rule must provide that, in order to qualify for the consent calendar, an application must not be opposed by a person with legal standing to oppose and the application must appear to be necessary to provide needed health care in the area to be served, provide health care that meets appropriate quality standards, and demonstrate that the effects attributed to competition or duplication would be positive for consumers. If opposition is stated in writing prior to the application being formally considered by the commission, then the application must be taken off the consent calendar and placed on the next regular agenda, unless waived by the parties.
(c)
(1)
If an unforeseen event necessitates action of a type requiring a certificate of need, and the public health, safety, or welfare would be unavoidably jeopardized by compliance with the standard procedures for the application for and granting of a certificate of need, then the commission may issue an emergency certificate of need.
(2)
An emergency certificate of need may be issued upon request of the applicant if the executive director and officers of the commission concur, after consultation with the appropriate licensing agency. Prior to an emergency certificate of need being granted, the applicant must publish notice of the application in a newspaper of general circulation, and commission members must be notified by commission staff of the request.
(3)
A decision regarding whether to issue an emergency certificate of need must be considered at the next regularly scheduled commission meeting unless the applicant's request is necessitated by an event that has rendered its facility, equipment, or service inoperable. In that case, the commission's chair and vice chair may act immediately, on behalf of the commission, to consider the application for an emergency certificate of need.
(4)
An emergency certificate of need is valid for a period not to exceed one hundred twenty (120) days. However, if the applicant has applied for a certificate of need under standard commission procedures, then an extension of the emergency certificate of need may be granted.
Amended by 2022 Tenn. Acts, ch. 1119, s 130, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Amended by 2016 Tenn. Acts, ch. 1043, s 14, eff. 7/1/2016.
Acts 2002, ch. 780, § 4; 2010 , ch. 1100, § 118; 2012 , ch. 575, § 1.
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 68-11-1611 - Review of progress - Revocation of certificate

The commission shall, at least annually, review progress on a project covered by an issued certificate of need, and may require a showing by the holder of the certificate of substantial and timely progress to implement the project. If, in the opinion of the executive director, progress is lacking, then the executive director may present a petition for revocation of the certificate of need for the commission's consideration. The commission may revoke the certificate of need based upon a finding that the holder has not proceeded to implement the project in a timely manner.
Amended by 2022 Tenn. Acts, ch. 1119, s 136, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4.
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 68-11-1612 - Enjoining violations - Jurisdiction

(a)
The commission, in addition to the powers and duties expressly granted by this part, is authorized and empowered to petition a circuit or chancery court having jurisdiction to enjoin a person who is performing any of the actions specified in this part without possessing a valid certificate of need.
(b)
Jurisdiction is conferred upon the circuit and the chancery courts of this state to hear and determine such causes as chancery causes, and to exercise full and complete jurisdiction in such injunctive proceedings.
Amended by 2022 Tenn. Acts, ch. 1119, s 137, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4.
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 68-11-1613 - 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 commission the preceding month.
Amended by 2022 Tenn. Acts, ch. 1119, s 138, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4; 2010 , ch. 1030, § 16.
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 68-11-1614 - Information submitted to commission by commissioners of health, mental health and substance abuse services, and intellectual and developmental disabilities

(a)
The commissioner of health shall provide the commission with aggregate data from the hospital discharge database and ambulatory surgical treatment center discharge database within seven (7) business days from the commissioner's receipt of a request. The information must include aggregate data by state, county, or zip code, as requested. The information must not include patient identifiers that would lead to a patient's identity, such as name or street address. Information received pursuant to this section must be available for public disclosure by the commission, as long as it does not contain patient identifiers.
(b)
The commissioner of mental health and substance abuse services shall provide the commission with aggregate data about nonresidential substitution-based treatment centers for opiate addiction licensed in this state within seven (7) business days from the commissioner's receipt of a request. The information must include aggregate data about patient origin by state, county, or zip code, as requested, at licensee treatment centers in this state. The information must not include patient identifiers that would lead to a patient's identity, such as name or street address. Information received pursuant to this section must be available for public disclosure by the commission, as long as it does not contain patient identifiers.
(c)
The commissioners of health, mental health and substance abuse services, and intellectual and developmental disabilities may submit written reports or statements and they may also send representatives to testify before the commission to inform the commission with respect to applications.
Amended by 2024 Tenn. Acts, ch. 688,s 170, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1119, s 139, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4; 2010 , ch. 1100, § 122; 2012 , ch. 575, § 2.
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 68-11-1615 - [Repealed]

Amended by 2024 Tenn. Acts, ch. 688,s 170, eff. 7/1/2024.
Repealed by 2024 Tenn. Acts, ch. 557,s 11, eff. 3/11/2024.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4; 2010 , ch. 1100, § 123; 2012 , ch. 575, § 2.
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 68-11-1616 - Violations - Penalties

(a)
The commission has the power and authority, after notice and an opportunity for a hearing, to impose a civil monetary penalty against a person who performs, offers to perform, or holds such person out as performing an activity for which a certificate of need is required, without first obtaining a valid certificate of need.
(b)
The executive director shall initiate a civil penalty proceeding by filing a petition with the commission. The proceeding must be conducted as a contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(c)
The civil penalty is 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 has the burden of submitting verifiable evidence satisfactory to the commission that the violator has discontinued the activity for which the civil penalty was imposed. The penalty begins to accrue on the date the commission notified the violator of the violation or violations, and continues to accrue until such evidence of discontinuance is received at the commission office.
(d)
An appeal of a final order imposing a civil penalty must be conducted in accordance with the Uniform Administrative Procedures Act.
(e)
In determining whether to impose a civil penalty and the amount of the penalty, the commission may consider the following factors:
(1)
The economic benefits gained from the activities in question. The commission does not have to show that the violator would not have been granted a certificate of need had one been sought;
(2)
Whether the civil penalty and the amount of the penalty will be a substantial economic deterrent to the violator and others;
(3)
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 commission regulations;
(4)
The financial resources of the violator, and the violator's ability to pay the penalty; and
(5)
The failure to meet a quality standard applicable to the violator.
Amended by 2022 Tenn. Acts, ch. 1119, s 140, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4.
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 68-11-1617 - Revocation of certificate of need - Grounds

In addition to other grounds for revocation provided by other statutes, rule of law, or equity, the commission has the power to revoke a certificate of need whenever the following has occurred:
(1)
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;
(2)
The acquisition or project as described in the person's application has been changed or altered in a manner that significantly deviates from the acquisition or project approved by the commission when the certificate of need was granted;
(3)
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;
(4)
The holder of the certificate of need has committed fraud in obtaining the certificate of need or has committed fraud upon the commission after the certificate of need was issued. For purposes of this section, "fraud" means a form of deceit, trickery, misrepresentation, or subterfuge, including, but not limited to, the following actions:
(A)
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 commission;
(B)
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 commission; or
(C)
Altering, forging, or otherwise modifying, with fraudulent intent, a document submitted to the commission in connection with a certificate of need application or project subject to the jurisdiction of the commission; or
(5)
The violation of a condition placed upon a certificate of need by the commission, prior to licensure by the commission or department of mental health and substance abuse services.
Amended by 2022 Tenn. Acts, ch. 1119, s 142, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 141, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Amended by 2016 Tenn. Acts, ch. 1043, s 19, eff. 7/1/2016.
Acts 2002, ch. 780, § 4; 2004, ch. 942, § 13.
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 68-11-1619 - Application for medicare skilled nursing facility (SNF)

(a)
During each fiscal year after June 30, 2020, until June 30, 2025, the commission shall not issue 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.
(b)
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 the skilled services. In reviewing applications, the commission shall consider the application without regard as to whether the applicant currently has medicare SNF beds. 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, then the beds remaining in the pool must 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.
Amended by 2022 Tenn. Acts, ch. 1119, s 144, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4; 2010 , ch. 1100, § 124; 2012 , ch. 575, § 1.
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 68-11-1621 - Participation by local governing body in hearing for certificate of need application

At a hearing conducted by the commission for a certificate of need application, if a local governing body requests to participate in the hearing, then the officials of the local governing body may appear before the commission and express support or opposition to the granting of a certificate of need to the applicant. The testimony of such officials is informational and advisory to the commission, and the support of the local governing body is not a requirement for the granting of a certificate of need by the commission.
Amended by 2022 Tenn. Acts, ch. 1119, s 148, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Acts 2002, ch. 780, § 4; 2005, ch. 445, § 1.
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 68-11-1623 - Replacement facility applications - Certificates of need for nursing home beds

(a)
A replacement facility application is an application that proposes to replace one (1) or more currently licensed nursing homes with one (1) single licensed nursing home.
(b)
An 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 must be reviewed and considered by the commission pursuant to the criteria in §
68-11-1609(b)
, and shall not be considered new nursing home beds. In reviewing the application, the commission shall give preference to projects that propose replacement facilities because of building or life safety standard issues. The criteria of §
68-11-1619
do not apply to replacement facility applications.
(c)
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, then that portion of the application that increases the number of beds must comply with §
68-11-1619
, and is considered new nursing home beds. The remaining part of the application relative to the replacement of the facility or facilities must be reviewed and considered under the criteria set out in subsection (b). In reviewing such an application, the commission shall give preference to projects that propose replacement facilities because of building or life safety standard issues.
(d)
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.
Amended by 2022 Tenn. Acts, ch. 1119, Secs.s150, s151 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1119, s 149, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.
Amended by 2016 Tenn. Acts, ch. 1043, s 20, eff. 7/1/2016.
Acts 2002, ch. 780, § 4; 2004, ch. 942, § 15; 2008 , ch. 1120, § 1.