(a) Notwithstanding this part, a certificate of need is not required for the establishment of a hospital licensed under this title if:

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Terms Used In Tennessee Code 68-11-1626

  • Certificate of need: means a permit granted by the health facilities commission to a person for those services specified as requiring a certificate of need under §. See Tennessee Code 68-11-1602
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) The hospital was previously licensed under this title or another hospital was previously licensed under this title at the proposed location;
(2) The hospital is located in a county:

(A) Designated by the commission of economic and community development as a tier 2, tier 3, or tier 4 enhancement county pursuant to § 67-4-2109; or
(B) With a population less than forty-nine thousand (49,000), according to the 2010 federal census or a subsequent census;
(3) The last date of operations at the hospital, the hospital site service area, or proposed hospital site service area was no more than fifteen (15) years prior to the date on which the party seeking to establish the hospital submits information to the commission pursuant to subsection (b); and
(4) The party seeking to establish the hospital applies for a certificate of need from the agency within twelve (12) months of the date on which the party submits information to the commission pursuant to subsection (b).
(b)

(1) Notwithstanding this part, the commission may renew a license for a hospital meeting the criteria in subdivisions (a)(1)-(3) upon application by the party seeking to establish the hospital and finding that the hospital will operate in a manner that is substantially similar to the manner authorized under the previous hospital’s license at the time of the previous hospital’s closure.
(2) The commission shall review and make a determination on an application submitted pursuant to subdivision (b)(1) and notify the applicant in writing of the determination within sixty (60) days of the date the applicant submits a completed application to the commission. If the commission determination is to deny the application, then the commission must also provide to the applicant a written explanation detailing the reasons for the denial.
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