§ 68-11-1605 — Powers and duties of commission

In addition to the powers granted elsewhere in this part, the commission has the duty and responsibility to: (1) Develop criteria and standards to guide the commission when issuing certificates of need that are: (A) Based, in whole or in part, upon input the commission received during development of the criteria and standards from the division of TennCare, or its successor; the departments of health, mental health and substance abuse services, and disability and aging; the health and welfare committee of the senate; and the health committee of the house of representatives; (B) Evaluated and updated not less than once every five (5) years; and (C) Developed by rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (2) Receive and consider applications for certificates of need, to review recommendations on certificates of need, and to grant or deny certificates of need on the basis of the merits of the applications within the context of the local, regional, and state health needs, including, but not limited to, the criteria and standards developed in accordance with this part; (3) Conduct studies related to health care; (4) Promulgate rules and policies deemed necessary by the commission for the fulfillment of its duties and responsibilities under this part, including a procedure for the issuance of a certificate of need upon an emergency application if an unforeseen event necessitates the issuance of a certificate of need to protect the public health, safety, and welfare, and if the public health, safety, and welfare would be unavoidably jeopardized by compliance with the procedures established under this part; (5) Contract when necessary for the development of criteria and standards to guide the commission when issuing certificates of need and for the implementation of the certificate of need program described in this part; (6) Weigh and consider access to quality health care and the healthcare needs of 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 whenever the commission performs its duties or responsibilities assigned by law; (7) Issue exemptions from the voiding of a certificate of need and an activity authorized by the certificate of need pursuant to § 68-11-1609(i) , if the actions the certificate of need authorizes are not performed for a continuous period of one (1) year after the date the certificate of need is implemented; and (8) Direct the executive director to promulgate rules and policies for fulfillment of its duties and responsibilities under this part.

Legislative History

Amended by 2024 Tenn. Acts, ch. 932,s 33, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 932,s 13, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 169, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 1119, s 121, 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 4, eff. 7/1/2016. Acts 2002, ch. 780, § 4; 2004, ch. 942, § 3.