Tennessee § 68-11-1605 - Powers and duties of agency.

§ 68-11-1605. Powers and duties of agency.

In addition to the powers granted elsewhere in this part, the agency has the duty and responsibility to: 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 such applications within the context of the local, regional and state health needs and plans, including, but not limited to, the state health plan developed pursuant to § 68-11-1625, in accordance with this part; Review the state health plan as developed and submitted by the state health planning division and make recommendations to the state health planning division and the governor concerning the state health plan; Promulgate rules, regulations and procedures deemed necessary by the agency 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 where an unforeseen event necessitates the issuance of a certificate of need to protect the public health, safety and welfare, and where the public health, safety and welfare would be unavoidably jeopardized by compliance with the procedures established under other provisions of this part; Contract when necessary for the implementation of the certificate of need program as defined by this part; and Weigh and consider the quality of health care to be provided and the health care needs of consumers, particularly women, racial and ethnic minorities, TennCare or medicaid recipients and low income groups whenever the agency performs its duties or responsibilities assigned by law. Acts 2002, ch. 780, § 4; 2004, ch. 942, § 3; 2016, ch. 1043, § 4. Compiler's Notes. 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. Acts 2016, ch. 1043, § 23 provided that the act, which amended this section, shall apply to applications filed on or after July 1, 2016. Amendments. The 2016 amendment inserted “quality of health care to be provided and the” near the beginning of (5). Effective Dates. Acts 2016, ch. 1043, § 23. July 1, 2016.