[Effective 7/1/2024]

(a)

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Terms Used In Tennessee Code 68-11-216 v2

  • Ambulatory surgical treatment center: means any institution, place, or building devoted primarily to the maintenance and operation of a facility for the performance of surgical procedures or any facility in which a surgical procedure is utilized to terminate a pregnancy. See Tennessee Code 68-11-201
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • commission: means the health facilities commission created by §. See Tennessee Code 68-11-201
  • Department: means the department of health. See Tennessee Code 68-11-201
  • Evaluation: means the determination and documentation of the physiological and functional factors that impact the selection of an appropriate seating and wheeled mobility device. See Tennessee Code 68-11-201
  • Executive director: means the executive director of the health facilities commission. See Tennessee Code 68-11-201
  • Facility: means any institution, place or building providing health care services that is required to be licensed under this chapter. See Tennessee Code 68-11-201
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Hospital: means any institution, place, building or agency represented and held out to the general public as ready, willing and able to furnish care, accommodations, facilities and equipment for the use, in connection with the services of a physician or dentist, of one (1) or more nonrelated persons who may be suffering from deformity, injury or disease or from any other condition for which nursing, medical or surgical services would be appropriate for care, diagnosis or treatment. See Tennessee Code 68-11-201
  • Outpatient diagnostic center: except as otherwise limited in this subdivision (33), means any facility providing outpatient diagnostic services, unless the outpatient diagnostic services are provided as the services of another licensed healthcare institution that reports such outpatient diagnostic services on its joint annual report, or the facility is otherwise excluded from this subdivision (33). See Tennessee Code 68-11-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) The commission is authorized to promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules and regulations as are necessary to set fees for licensure, renewal of licensure, late renewal fees and such other fees as are necessary to comply with the intent of subsection (b), for the entities and facilities listed in § 68-11-202(a)(1).
(2) The entities and facilities referenced in subdivision (a)(1), except those operated by the United States government or the state of Tennessee, shall make application for licensure and renewal under this part and shall pay the fees applicable to them to the commission for regulatory purposes.
(3) The licensure and annual renewal fees for the following types of home care organizations shall not exceed twenty-five percent (25%) of the total licensure and annual renewal fees set by the commission for all other home care organizations:

(A) Home care organizations that also pay a fee to be licensed by the department of mental health and substance abuse services;
(B) Home care organizations owned and operated by therapists who pay a fee to be licensed under title 63, chapter 13 or chapter 17; or
(C) Home care organizations that are owned and controlled by another home care organization that pays an annual license or renewal fee.
(4) Excluded from payment of the fees as an ambulatory surgical treatment center and an outpatient diagnostic center are hospital based ambulatory surgical treatment centers and outpatient diagnostic centers that are included in the licensing and renewal fee of the hospital in which they are located.
(5) Prior to the promulgation of a rule increasing fees for licensed health care facilities, the health facilities commission shall present to the commission a detailed report justifying the proposed fee amount. The report shall include at least the following elements:

(A) The fees currently charged, the proposed new fees, and the percentage increase expected from the proposed fees;
(B) The total number of full-time equivalent positions funded, and how those positions are funded, if not entirely from fee revenue;
(C) Justification for any increase in fees, including an itemization of actual or expected increases in costs to the commission, and inspection or licensure activities on which any proposed increases in funding will be spent; and
(D) A specific breakdown that differentiates the costs incurred for licensure activities under state law from any other activity required by a contractual or legal requirement with the federal government.
(6) Not later than sixty (60) calendar days prior to the presentation of the report and the information outlined in subdivision (a)(5) to the commission, the report and the information outlined in subdivision (a)(5) shall be provided to the commission and any provider association representing such a facility affected by a proposed change in licensure fees. The report and information shall be provided in both paper and electronic format, and shall be made available to any affected licensed facility upon request.
(7) Any increase or decrease in fees proposed or approved by the commission must increase or decrease the fees for all licensed facilities by a similar percentage amount, which shall not vary more than five percent (5%) between facility types.
(b)

(1) The fees established by the commission shall be submitted with the appropriate applications. All fees so collected shall be deposited by the commission with the state treasurer to the credit of the general fund, and shall be expended by the commission and included in the appropriation made for the commission in the general appropriations act.
(2) It is the intent of the general assembly that the commission establish and collect fees in an amount sufficient to pay the costs of operating the commission, including, but not limited to, licensure and inspection costs. On or before December 31 of each year, the executive director shall certify and report to the government operations committee of each house of the general assembly, if the commission did not, during the fiscal year, collect fees in an amount sufficient to pay the costs of operating the commission. If the commission fails to collect sufficient fees to pay the costs of operating the commission for a period of two (2) consecutive fiscal years, the commission shall be reviewed by the joint evaluation committees and shall be subject to a revised termination date of June 30 of the fiscal year immediately following the second consecutive fiscal year during which the commission operated at a deficit.
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