Tennessee § 68-11-204 - Requirement for license — Governmental institutions exempted.

§ 68-11-204. Requirement for license — Governmental institutions exempted.

No person, partnership, association, corporation or any state, county or local government unit, or any division, department, board or agency of the governmental unit, shall establish, conduct, operate or maintain in this state any hospital, recuperation center, nursing home, home for the aged, residential HIV supportive living facility, assisted-care living facilities, home care organization, residential hospice, birthing center, prescribed child care center, renal dialysis clinic, outpatient diagnostic center, ambulatory surgical treatment center, adult care homes or traumatic brain injury residential homes as defined in this part, without having a license. State or local government home care organizations may be excluded by the board. An independent living facility is exempt from the licensure requirements of this part. Any health care facility or local health department operated by the federal government shall be exempt from this part. The board, in its discretion, shall be authorized to issue licenses to several licensees in such form as it may deem necessary to distinguish between and identify any of the facilities required to be licensed by the department. Nothing in this part requires a person or entity providing hospice residential services as of July 1, 1992, to obtain a certificate of need as a residential hospice, if such person or entity, prior to July 1, 1992, had qualified for reimbursement as a hospice under the federal medicare program. Acts 1947, ch. 13, § 6; C. Supp. 1950, § 5879.5 (Williams, § 4432.6); Acts 1953, ch. 113, § 27; 1968, ch. 552, § 2; 1971, ch. 225, § 3; 1975, ch. 276, § 3; 1976, ch. 471, § 3; T.C.A. (orig. ed.), § 53-1305; Acts 1992, ch. 805, §§ 4, 5; 1993, ch. 234, § 14; 1994, ch. 747, § 5; 1996, ch. 674, § 4; 1996, ch. 818, § 3; 1998, ch. 1021, § 4; 2000, ch. 981, §§ 83, 84; 2001, ch. 285, §§ 3, 4; 2001, ch. 438, §§ 4-6, 18; 2004, ch. 917, § 3; 2009, ch. 186, § 12; 2009, ch. 579, § 7; 2012, ch. 1086, § 8; 2017, ch. 242, § 1. Compiler's Notes. Acts 1994, ch. 747, § 8 provided that nothing in that act shall require an entity that is licensed as a home health agency prior to July 1, 1994, to obtain a certificate of need in order to provide services; provided, that such entity may not provide hospice services until it has been authorized to do so by the board for licensing health care facilities. Nothing in that act shall require an entity that has been certified by medicare as a hospice prior to July 1, 1994, to obtain a certificate of need in order to become licensed as a home care organization authorized only to provide hospice services. Acts 2001, ch. 438, §§ 5 and 6 purported to amend (b) and (c), respectively, by adding renal dialysis clinics to the facilities listed in those subsections; however, Acts 2001, ch. 285, §§ 3 and 4, respectively, modified the language intended to be amended and the amendment by Acts 2001, ch. 438 was not implemented. Nevertheless, renal dialysis clinics are included in the facilities covered by the affected subsections prior to their licensure on July 1, 2002. Acts 2009, ch. 579, § 1 provided that the title of the act is, and may be cited as the “Critical Adult Care Home Act of 2009.” Acts 2012, ch. 1086, § 1 provided that the act, which amended subdivision (a)(1) shall be known and may be cited as the “Traumatic Brain Injury Residential Home Act of 2012.” Amendments. The 2017 amendment added (a)(3). Effective Dates. Acts 2017, ch. 242, § 5. May 2, 2017. Cross-References. Assisted suicide, § 39-13-216 . Attorney General Opinions. A pharmacy which holds itself out to the public as providing home medical equipment services is subject to the statutes and rules which require licensure and regulation of free-standing home care organizations providing home medical equipment, OAG 01-150 (9/24/01). Cited: Eyring v. Fort Sanders Parkwest Med. Ctr., Inc., 991 S.W.2d 230, 1999 Tenn. LEXIS 247 (Tenn. 1999).