Tennessee § 68-11-1604 - Health services and development agency — Creation — Composition — Appointments — Terms — Compensation — Officers — Meetings — Conflict of interest.

§ 68-11-1604. Health services and development agency — Creation — Composition — Appointments — Terms — Compensation — Officers — Meetings — Conflict of interest.

There is created a health services and development agency that has jurisdiction and powers relating to the certification of need and related reporting of all health care institutions, as defined by and subject to this chapter. The agency shall have eleven (11) members, including: The comptroller of the treasury, or an employee of such department upon the designation of the comptroller of the treasury; The state director of TennCare or its successor, or an employee of such department upon the designation of the director; The commissioner of commerce and insurance, or an employee of such department upon the designation of the commissioner; One (1) consumer member appointed by the speaker of the senate; One (1) consumer member appointed by the speaker of the house of representatives; and Six (6) members appointed by the governor to include: One (1) person who has recent experience as an executive officer of a hospital or hospital system who may be appointed from lists of qualified persons submitted by interested hospital groups including, but not limited to, the Tennessee Hospital Association; One (1) representative of the nursing home industry who may be appointed from lists of qualified persons submitted by interested health care groups including, but not limited to, the Tennessee Health Care Association; One (1) duly licensed physician who may be appointed from lists of qualified persons submitted by interested medical groups including, but not limited to, the Tennessee Medical Association; One (1) representative of the home care industry who may be appointed from lists of qualified persons submitted by interested home care groups including, but not limited to, the Tennessee Association for Home Care. The initial term for the home care industry representative shall be two (2) years. Upon the expiration of that term, the home care industry representative shall be appointed for a three-year term pursuant to subsection (c); One (1) consumer member; and One (1) representative of the ambulatory surgical treatment center industry. The governor shall consult with interested groups including, but not limited to, the organizations listed in subdivision (b)(1) to determine qualified persons to fill positions with the agency. In making appointments to the health services and development agency, the governor and the speakers shall strive to ensure that racial minorities, females, persons sixty (60) years of age and older and the three (3) grand divisions are represented. The consumer members shall be persons who are knowledgeable of health needs and services and who are further knowledgeable by training or experience in health care facility design or construction, financing of health care services or construction, reimbursement of health care services, or general health care economics. The consumer members shall not be a direct provider of health care goods or services. No member of the agency shall serve beyond the expiration of such member's term, whether or not a successor has been appointed by the governor or the speakers. Except for the comptroller of the treasury, the commissioner of commerce and insurance, and the director of TennCare, or their respective designees, agency members shall be appointed for three-year terms and no member shall serve more than two (2) consecutive three-year terms. The terms of the members are staggered on the following schedule: The terms of the nursing home representative, hospital representative, and the consumer member appointment by the speaker of the house of representatives are due to expire in calendar year 2004 and those appointments shall be made in that year and each third year thereafter; The terms of the physician member and the consumer member appointed by the governor are due to expire in calendar year 2005 and those appointments shall be made in that year and each third year thereafter; and The terms of the home care industry representative and the consumer member appointed by the speaker of the senate are due to expire in calendar year 2006 and those appointments shall be made in that year and each third year thereafter. If any member is absent from three (3) consecutive, regularly scheduled public meetings of the agency, such individual's membership shall be automatically terminated, and the position shall be considered as vacant. The appointment of the representative from the ambulatory surgical treatment center industry shall be made for a term to begin no sooner than July 1, 2010. Each member of the agency shall receive fifty dollars ($50.00) per diem when actually engaged in the discharge of such member's official duties, and in addition, shall be reimbursed for all travel and other necessary expenses. However, agency members who are state employees shall not receive such per diem, but shall be reimbursed for all travel and other necessary expenses. All expenditures shall be claimed and paid in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration, and approved by the attorney general and reporter. The agency, at its first meeting and the first meeting in each second fiscal year thereafter, shall elect one of the consumer members as chair of the agency for a term of two (2) years. At the same meeting, the agency shall elect from its members a vice chair to serve a term of one (1) year. No member shall serve two (2) consecutive terms as vice chair. Meetings of the agency shall be held as frequently as its duties may require. Six (6) members shall constitute a quorum, but a vacancy on the agency shall not impair its power to act. No action of the agency shall be effective unless such action is concurred in by a majority of its members present and voting. In the event of a tie vote, the action shall be considered disapproved. The agency shall record by name the votes taken on all actions of the agency. All agency members shall annually review and sign a statement acknowledging the statute, rules and policies concerning conflicts of interest. Any member, upon determining that a matter scheduled for consideration by the agency results in a conflict with a direct interest, shall immediately notify the executive director and shall be recused from any deliberation of the matter, from making any recommendation, from testifying concerning the matter, or from voting on the matter. The member shall join the public during the proceedings. Any member with an indirect interest shall publicly acknowledge such interest. All members shall make every reasonable effort to avoid even the appearance of a conflict of interest. If a member is uncertain whether the relationship justifies recusal, the member shall follow the determination by the legal counsel for the agency. A determination by the agency or any court that a member of the agency with a direct interest failed to provide notice and be recused from deliberations of the matter, from making any recommendation, from testifying concerning the matter, or from voting on the matter, shall result in the member's automatic termination from the agency and the position shall be considered vacant. The member shall not be eligible for appointment to any agency, board or commission of the state for a period of two (2) years. The executive director, upon determining that a conflict exists for the executive director or any member of the staff, shall notify the chair of the agency and take such action as the chair prescribes and pursuant to this part. Acts 2002, ch. 780, § 4; 2004, ch. 942, §§ 16-19; 2010, ch. 1119, §§ 1-4; 2013, ch. 131, §§ 3, 4. Compiler's Notes. Acts 2002, ch. 780, § 5 provided that the rules and regulations promulgated by the former health facilities commission as of May 29, 2002, shall remain in effect and become the rules and regulations of the health services and development agency until the agency promulgates new rules and regulations; provided, however, those rules and regulations of the health facilities commission contrary to this part shall be null and void as of July 1, 2002. Acts 2002, ch. 780, § 6 provided that this part shall not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before May 29, 2002, by the health facilities commission. It is the intent of the general assembly that all pending applications, contested cases and other matters proceed without interruption during the transition of authority between the health facilities commission and the health services and development agency. After the health facilities commission ceases to exist, the health services and development agency shall succeed to all the rights, powers and interests relative to such applications, contested cases and other matters. All rights and conditions assigned to existing certificates of need shall continue. Acts 2002, ch. 780, § 7(a) provided that it is the intent of the general assembly that all property assigned to the health facilities commission be transferred to the health services and development agency. The agency shall have full authority over all administrative and budget processes transferred to the agency from the health facilities commission. Act 2002, ch. 780, § 7(b) provided that it is the intention of the general assembly that those health facilities commission employees who serve in jobs that would be classified as career service, as defined in § 8-30-208 [repealed], receive the benefits and protection of career service status upon passage of that act without further examination or competition, provided that such employees must have completed at least six (6) months of service with the health facilities commission on May 29, 2002. In light of the passage of Acts 2012, ch. 800, which rewrote the civil service provisions, repealed former § 8-30-208 . For present comparable provisions, see § 8-30-202 . Acts 2002, ch. 780, § 7(c) provided that in addition to the designations of career service and executive service in § 8-30-208 [repealed], the following shall be included in the executive service: (1) The executive director of the agency; and (2) Any attorneys employed by the agency. In light of the passage of Acts 2012, ch. 800, which rewrote the civil service provisions, repealed former § 8-30-208 . For present comparable provisions, see § 8-30-202 . Acts 2002, ch. 780, § 7(d) provided that the executive director of the health services and development agency shall be appointed by the agency in accordance with § 68-11-1606 at the first meeting of the agency and serve as the appointing authority for the agency. All other executive service staff shall serve at the pleasure of the appointing authority. During the time period between May 29, 2002, and the appointment by the agency of an executive director, the executive director of the health facilities commission shall serve as the interim executive director with oversight and consultation by the comptroller of the treasury. The interim director shall have all the responsibilities, powers and duties delegated to the executive director of the agency by this part. Acts 2004, ch. 942, § 1 provided that notwithstanding the provisions of §§ 4-29-104 and 4-29-112 to the contrary, the state health planning and advisory board shall terminate and cease to exist on June 30, 2004, and all functions of the state health planning and advisory board shall be transferred to the department of finance and administration pursuant to the act. The health services and development agency, created by this section, terminates June 30, 2021. See §§ 4-29-112 , 4-29-242 . Amendments. The 2013 amendment, in (b), rewrote (1)(F)(i)-(iv) which read: “(i) One (1) person who has recent experience as an executive officer of a hospital or hospital system from a list of three (3) nominees submitted by the Tennessee Hospital Association;“(ii) One (1) representative of the nursing home industry from a list of three (3) nominees submitted by the Tennessee Health Care Association;“(iii) One (1) duly licensed physician from a list of three (3) nominees submitted by the Tennessee Medical Association;“(iv) One (1) representative of the home care industry from a list of three (3) nominees submitted by the Tennessee Association for Home Care. The initial term for the home care industry representative shall be two (2) years. Upon the expiration of that term, the home care industry representative shall be appointed for a three-year term pursuant to subsection (c);”, added present (2), and redesignated former (2) and (3) as present (3) and (4), respectively. Effective Dates. Acts 2013, ch. 131, § 5. April 12, 2013. Cross-References. Grand divisions, title 4, ch. 1, part 2.