Tenn. Comp. R. & Regs. 0720-10-.06 - EXEMPTION FROM CERTIFICATE OF NEED FOR RELOCATION OF HEALTH CARE INSTITUTIONS OR SERVICES
(1) The Executive
Director may issue an exemption for the relocation of existing healthcare
institutions and approved services when the Executive Director determines that:
(a) At least seventy-five percent (75%) of
patients to be served are reasonably expected to reside in the same zip codes
as the existing patient population; and
(b) The relocation will not reduce access to
consumers, particularly those in underserved communities; those who are
uninsured or underinsured; women and racial and ethnic minorities; TennCare or
medicaid recipients; and low income groups.
(2) The Executive Director will issue the
exemption only upon receipt of a completed exemption application on forms
provided by the Agency and proof of publication of notice of the application in
a newspaper of general circulation in both the county of the existing facility
or service and the county where the service or facility is to be relocated;
(a) Prior to deeming an application complete,
the Executive Director shall ensure Agency staff's independent review and
verification of information submitted to the Agency in applications,
presentations, or otherwise. The purpose of the independent review and
verification is to ensure that the information is accurate, complete,
comprehensive, timely, and relevant to the decision. The independent review and
verification must be applied to, but not necessarily be limited to,
applicant-provided information as to any critical information submitted or
requested concerning an application; and staff examinations of data sources,
data input, data processing, and data output, and verification of critical
information;
(b) The application,
supporting documentation and staff review must be posted on the Agency's
website no later than 21 days prior to issuing an exemption;
(3) Opposition to an exemption
application must be filed with the Agency no later than 15 days after the
application, supporting documentation and staff review have been posted; any
opposition must be limited to the basis for review detailed in
0720-10-.06(1)(a) and (1)(b).
(4)
The exemption determination shall be made at a time and place to be posted on
the Agency's website, no sooner than 21 days after the notice is
posted.
(5) A relocation exemption
granted by the Executive Director is subject to Agency review as provided by
law.
Notes
Authority: T.C.A. ยง 68-11-1605 and 2021 Tenn. Pub. Acts Ch. 557.
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