§ 68-11-277 — Appointment of executive director - Duties and authority - Commission review of director activity

(a) The commission shall appoint an executive director qualified by education and experience. The executive director must demonstrate knowledge and experience in the areas of public administration and health policy development. The executive director of the commission on June 30, 2026, will remain executive director on July 1, 2026, without the need for reappointment by the commission. (b) The executive director is the chief administrative officer of the commission, exercising general supervision over all persons employed by the commission. The commission's staff is subject to personnel rules and policies that are applicable to state employees in general, including leave, compensation, classification, and travel rules and policies. The commission shall fix the salary of the executive director; any adjustments to the executive director's salary due to administration changes to multiple employees in the executive director's job classification do not require commission approval. The commission has the sole authority to appoint, terminate, and control the work of the executive director. The executive director has the exclusive authority to appoint, terminate, and control staff employees. The commission's employees are executive service and serve at the pleasure of the executive director. (c) The executive director has the following duties: (1) Administering the licensure and regulation program under this part; (2) Administering the certificate of need program under part 16 of this chapter; (3) Administering the development of criteria and standards to guide the commission when issuing certificates of need; (4) Conducting studies related to health care; (5) Representing the commission before the general assembly; (6) Overseeing the issuance of responses to requests for determination regarding the applicability of this part; (7) Issuing exemptions from the requirement that a certificate of need be obtained for the relocation of existing or certified facilities providing healthcare services and healthcare institutions under § 68-11-1607(a)(4) ; (8) Keeping a written record of proceedings and transactions of the commission, which must be open to public inspection during regular office hours; (9) Preparing the agenda, including consent and emergency calendars, and notice to the general public of all meetings and public hearings of the commission; (10) Employing personnel, within the commission's budget, to assist in carrying out this part; (11) Carrying out policies and rules that are promulgated by the commission and supervising the expenditure of funds; (12) Submitting an annual report, no later than January 15 of each year, to the chairs of the health and welfare committee of the senate and the health committee of the house of representatives that includes, but is not limited to, a comparison of the actual payer mix and uncompensated care provided by special health services licensees with the projections the licensees submitted in the licensee's special health services license application; and (13) Promulgating rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) In addition to the duties provided in subsection (c), the commission has the authority to delegate, and it is the intent of the general assembly that the commission exercise the authority to delegate the following responsibilities and duties to the executive director: (1) Granting deferral of applications for certificates of need in accordance with § 68-11-1609 ; and (2) Granting approval or denial of modifications, changes of conditions or ownership, and extensions of certificates of need in accordance with part 16 of this chapter. (e) A delegation of authority pursuant to subsection (d) continues until specifically revoked by the commission as a result of a determination that revocation is necessary to ensure the proper and orderly operation of the commission. (f) The executive director shall notify the commission of an action taken pursuant to a delegation of authority under subsection (d) at the commission's next regularly scheduled meeting. (g) (1) The commission shall review an action by the executive director, if: (A) The executive director receives a written request for commission review; or (B) A commission member requests commission review. (2) (A) If a request for commission review pursuant to subdivision (g)(1) is received within fifteen (15) days of the date the executive director provides notice of the action pursuant to subsection (f), then the action does not become final until the commission has rendered its final decision. (B) If a request for commission review is not received pursuant to subdivision (g)(1), then the executive director's action becomes final as if the action was taken by the commission. (h) (1) A commission review of an action taken by the executive director must be conducted at the next regularly scheduled commission meeting that is scheduled for a date no less than two (2) weeks after the date the request for review is received pursuant to subsection (g). (2) Commission review of an action by the executive director is de novo. (3) The commission shall use the then-current edition of Robert's Rules of Order as the rules of parliamentary procedure applicable to a commission review of an action taken by the executive director.

Legislative History

Amended by 2024 Tenn. Acts, ch. 932,s 12, eff. 7/1/2024. Added by 2023 Tenn. Acts, ch. 466, s 72, eff. 7/1/2024.