Tenn. Comp. R. & Regs. 0720-09-.01 - DEFINITIONS
The following terms shall have the following meanings.
(1) "Agency" means the Tennessee Health
Services and Development Agency.
(2) "Ambulatory surgical treatment center" is
as defined in T.C.A. §
68-11-201.
(3) "Capital expenditure" in relation to a
project, means any series of expenditures by or on behalf of an applicant
which, under generally accepted accounting principles, is directed toward the
accomplishment of the project.
(a) "Capital
expenditure" includes the amount per construction bid or total amount of
invoices for the single project.
(b) "Capital expenditure" includes the cost
of all medical equipment, whether fixed or moveable, and is considered in
calculating the amount of the examination fee. The cost for such fixed and
moveable equipment includes, but is not necessarily limited to all costs,
expenditures, charges, fees and assessments which are reasonably necessary to
put the equipment into use for the purpose applied for. Such costs specifically
include, but are not limited to, the following:
1. Maintenance agreements, covering the
expected useful life of the equipment;
2. Federal, state and local taxes, and other
government assessments; and
3.
Installation charges, excluding capital expenditures for physical plant
renovation or in-wall shielding.
If the acquisition is by lease, the cost is either the fair market value of the equipment or the total amount of lease payments for the initial term of the lease, whichever is greater.
(c) Lease, loan, or gift. In calculating the
value of a lease, loan, or gift, the "cost" is the fair market value of the
above-described expenditures. In the case of a lease, the cost is the fair
market value of the lease or the total amount of the lease payments for the
initial term of the lease, whichever is greater.
(4) "Certification period" means the period
of time beginning on the date of issuance of a certificate of need and ending
on the expiration date of a certificate of need, as established by statute,
rule, or order of the Agency.
(5)
"Change of location" means a change of the specific location of an existing
institution, facility, or service.
(6) "Executive director" means the chief
administrative officer of the Agency and the appointing authority, exercising
general supervision over all persons employed by the Agency, as defined in
T.C.A. §
68-11-1606.
(7) "Expiration date" is the date by which
activity authorized by a certificate of need must be implemented. The
expiration date may be established by statute, by rule, or by order of the
Agency.
(8) "Home health service"
is as defined in T.C.A. §
68-11-201.
(9) "Hospital" is as defined in T.C.A. §
68-11-201.
(10) "Intellectual disability institutional
habilitation facility" means a facility which offers on a regular basis health
related services to individuals with intellectual disabilities who do not
require the degree of care and treatment which a hospital or skilled nursing
facility is designed to provide but, because of physical or mental condition
require residential care and services (more than room and board) and involves
health related care under the supervision of a physician. Such a facility also
offers an intensive program of habilitative services, as licensed by the
Department of Intellectual and Developmental Disabilities.
(11) "Long-term categories" includes nursing
home services, regardless of the length of stay, and any other health service
which is intended or reasonably expected to result in an average length of stay
of 21 days or longer.
(12)
"Neonatal intensive care unit" means a special care unit staffed and equipped
to provide professional intensive treatment for the care of newborns with
severe or complicated illnesses and/or high-risk newborn infants, staffed by a
neonatolgist and specialized nurses and in which bassinets are used as licensed
beds.
(13) "Not directly related to
patient care" may include the following types of single, isolated expenditures:
(a) Telephone systems;
(b) Non-clinical data processing
systems;
(c) Heating and/or air
conditioning systems;
(d) Energy
conservation devices;
(e) Parking
facilities;
(f) Roof
repairs;
(g) Medical office
buildings;
(h) Warehouses;
and
(i) Cafeterias.
(14) "Nursing home" is as defined
in T.C.A. §
68-11-201.
(15) "Outpatient diagnostic center" is as
defined in T.C.A. §
68-11-201.
(16) "Person" where the context requires, may
refer to any natural person, legal entity, facility, or institution, as defined
in T.C.A. §
68-11-1602.
(17) "Residential hospice" is as defined in
T.C.A. §
68-11-201.
(18) "Service area" means the county or
counties, or portions thereof, representing a reasonable area in which a health
care institution intends to provide services and in which the majority of its
service recipients reside.
(19)
"Substantive amendment" as used in T.C.A. §
68-11-1607
means any amendment which has the effect of increasing the number of beds,
square footage, cost, or other elements which are reasonably considered in the
discretion of the Agency to be integral components of the application. A
reduction of the above referenced components may be considered a substantive
amendment if the amendment and supporting documentation are not received by the
staff and Agency in a timely manner, necessary to allow the Agency to make an
informed decision. Nothing in this rule shall be interpreted as limiting the
Agency's authority to approve or deny all or part of any given
application.
Notes
Authority: T.C.A. §§ 4-5-201, et seq., 4-5-202, and 68-11-1605; 2016 Tenn. Pub. Acts Ch. 1043; and 2021 Tenn. Pub. Acts Ch. 557.
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