Tennessee § 68-11-1608 - Review of applications — Report.

§ 68-11-1608. Review of applications — Report.

The departments of health, mental health and substance abuse services, and intellectual and developmental disabilities shall review each application whose subject matter or funding is within their respective jurisdictions, according to the process described in the rules of the health services and development agency. At a minimum, the reports shall provide: Verification of applicant-submitted information; Documentation or source for data; A review of the applicant's participation or nonparticipation in TennCare or its successor; Analyses of the impact of a proposed project on the utilization of existing providers and the financial consequences to existing providers from any loss of utilization that would result from the proposed project; Specific determinations as to whether a proposed project is consistent with any applicable quality measures under § 68-11-1609(b) and the state health plan; and Further studies and inquiries necessary to evaluate the application pursuant to the rules of the agency. Upon request by interested parties or at the direction of the executive director, the staff of the agency shall conduct a fact-finding public hearing on the application in the area in which the project is to be located. Reviewing agencies shall have no more than sixty (60) days from the agency notice required by this part to file its written report with the agency. A copy of the evaluation made by the department shall be forwarded to the applicant, and to the agency, and shall be made available to others upon their request. The executive director may establish a date of less than sixty (60) days for reports on applications that are to be considered for a consent or emergency calendar established in accordance with agency rule. Any such rule shall provide that, in order to qualify for the consent calendar, an application must not be opposed by any person with legal standing to oppose and the application must appear to meet the established criteria for the issuance of a certificate of need. If opposition is stated in writing prior to the application being formally considered by the agency, it shall be taken off the consent calendar and placed on the next regular agenda, unless waived by the parties. Acts 2002, ch. 780, § 4; 2010, ch. 1100, § 118; 2012, ch. 575, § 1; 2016, ch. 1043, § 14. Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. 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 “any applicable quality measures under § 68-11-1609(b) and” in (a)(5). Effective Dates. Acts 2016, ch. 1043, § 23. July 1, 2016.