Form. Each application will be filed using standard application forms provided
by the Agency. The applicant must provide all information requested in the
(a) Each Letter of Intent shall be
filed using standard forms provided by the Agency. The applicant must provide
all information requested in the Letter of Intent form. The applicant must
fully comply with all instructions contained in the Letter of Intent form
provided by the Agency.
Letter of Intent for home care organization applications shall also specify all
counties in the proposed service area.
(c) Any Letter of Intent which contains
insufficient information may be deemed void. The Letter of Intent may be
refiled, but it is subject to the same requirements as an original Letter of
The Letter of Intent
shall be published for one day in a newspaper of general circulation in the
county where the proposed project is to be located. The Letter of Intent shall
be published in the Legal Notice section in a space which should be no smaller
than four (4) column inches. Publication must be in the same form and format as
the Publication of Intent form provided by the Agency.
1. Both filing and publication must occur
between the first and fifteenth day of the month preceding the filing of the
application, except for applications seeking simultaneous review, which must be
filed and published between the sixteenth and the last day of the month. If the
last day for filing the Letter of Intent is a Saturday, Sunday or State
holiday, filing must occur no later than the next regular business day. If both
filing and publication do not occur within the required time period, the Letter
of Intent will be null and void, and the applicant will be notified in
For the purpose of
these rules, "newspaper of general circulation" means a publication with the
(i) Is regularly
issued at least once a week;
Has at least a periodicals mailing privilege;
(iii) Includes a Legal Notice
(iv) Is not fewer than
four (4) pages in length;
been published continuously during the immediately preceding one year
(vi) Is published for
dissemination of news of general interest; and
(vii) Is circulated generally in the county
in which it is published.
3. In any county where a publication fully
complying with this definition does not exist, the Executive Director is
authorized to determine appropriate publication to receive any required Letter
of Intent. A newspaper which is engaged in the distribution of news of interest
to a particular interest group or other limited group of citizens, is not a
"newspaper of general circulation."
4. In the case of an application for or by a
home care organization, the Letter of Intent shall be published in each county
in which the agency will be licensed or in a regional newspaper which qualifies
as a newspaper of general circulation in each county. In those cases where the
Letter of Intent is published in more than one newspaper, the earliest date of
publication shall be the date of publication for the purpose of determining the
date for the timely filing of the application. Both the Letter of Intent and
the application must specify the counties to be served.
Simultaneous Review. Those
persons desiring simultaneous review for a certificate of need for which a
Letter of Intent has been filed shall file a Letter of Intent with the Agency
and the original applicant, and publish the Letter of Intent simultaneously in
a newspaper of general circulation, as those terms are defined in subparagraph
(2)(d), above, in the same county as the original applicant between the
sixteenth day and last day of the month of publication by the original
applicant. The Executive Director or his/her designee will determine whether
applications are to be reviewed simultaneously.
(a) The applicant seeking simultaneous review
shall, at the time the Letter of Intent is filed with the Agency, also file a
verified statement certifying it has complied with the procedural requirements
for simultaneous review and evidence that the Notice was received by the Agency
business office and the original applicant between the sixteenth day and last
day of the month of publication by the original applicant.
In addition to the procedural
requirements, the following factors may be considered by the Executive Director
in determining whether the applications are appropriate for simultaneous
1. Similarity of services
2. Similarity of
3. Similarity of
4. Similarity of
service to be provided.
(c) If, at the time an application is filed
for simultaneous review, there is already another application filed for
simultaneous review against the original application, the second application
seeking simultaneous review may be simultaneously reviewed against both the
original application and the other application seeking simultaneous
(d) The order in which
applications filed for simultaneous review will be placed on the agenda will be
determined by the order in which the Letters of Intent were received in the
(e) Any application
which is determined to not meet the criteria for a "simultaneous review" shall
be null and void. The application may be re-filed for a subsequent review
cycle, but is subject to the same requirements as an original
(a) Applications may be filed at
any time after the filing of the Letter of Intent and before the end of normal
business hours on the first day of the month after publication by the
applicant. If the last day for filing an application falls on a Saturday,
Sunday, or State holiday, the application, to be timely, must be filed no later
than the next regular business day. Applications will not be reviewed for
completeness until the examination fee has been received by the Agency, and
examination fees received after the first day of the month in which the
application is filed may affect whether the application can enter that month's
(b) Failure by the
applicant to file an application no later than the first day of the month after
publication of the Letter of Intent in accordance with (a) above shall render
the Letter of Intent, and hence the application, void.
(c) When an application is received at the
Agency office, it must include an initial filing fee, as provided elsewhere in
these rules. The filing fee is non-refundable. Review for completeness shall
not begin prior to the receipt of the filing fee.
Each application that is accompanied by
the applicable filing fee will be reviewed for completeness by Agency staff.
1. If it is deemed complete, the Agency will
acknowledge receipt and notify the applicant that the review period will begin
as of the date specified in the notification. Deeming complete means only that
all questions and requests for information have been responded to in some
reasonable manner. Deeming complete shall not be construed as validating the
sufficiency of the information provided for the purposes of addressing the
criteria under the applicable statutes, rules, and other guidelines.
2. If the application is incomplete,
responses to requests for supplemental information by the staff must be
completed by the applicant and filed at the Agency office within sixty (60)
days of the first written request by Agency staff. Failure of the applicant to
meet this deadline will result in the application being considered withdrawn
and returned to the contact person. Resubmittal of the application must be
accomplished in accordance with Rule 0720-10-.02 and requires an additional
application for certificate of need shall not be amended in a substantive way
by the applicant after being filed with the Agency. If the application is
amended in a substantive manner varying from the Letter of Intent or the
original application filed with the Agency, the application may be deemed void.
This Rule does not prohibit correction of clerical errors in the
Examination Filing Fee.
(a) The amount of the
initial fee shall be equal to $2.25 per $1,000 of the estimated capital
expenditure involved, but in no case shall this fee be less than $3,000 nor
more than $45,000.
(b) Any unpaid
balance of litigation costs previously assessed against the applicant or any
related entity of the applicant by the Tennessee Health Services and
Development Agency may be offset against any filing fees paid. An application
will not be deemed complete until the full filing fee, as well as such offset
amounts, are paid in full.
final fee will be determined upon the Agency's receipt of the final project
report. The amount of the final fee shall be the difference between the initial
fee and the total fee based on actual final project costs, as such fee is
calculated based on $2.25 per $1,000 of project costs, but in no case shall the
total fee be less than $3,000 nor more than $45,000.
(6) Distribution of Applications. The Agency
will promptly forward a copy of each application deemed complete to the
Department of Health, the Department of Mental Health and Substance Abuse
Services, or to the Department of Intellectual and Developmental Disabilities
(7) Withdrawal of
Applications. An application may be withdrawn at any time by the
(8) Beginning of the
Review Cycle. The review cycle for each application shall begin on the
fifteenth day of the appropriate month after the application has been deemed
complete by the staff of the Agency.
Staff Reports on Applications.
At the end of the review cycle, Agency staff shall make its
official written report available on the Agency's website. A copy of this
report shall be forwarded to the applicant, to the Department of Health, the
Department of Mental Health and Substance Abuse Services, or the Department of
Intellectual and Developmental Disabilities, whichever is appropriate, and to
any other person requesting one.
The report shall address at a minimum
each of the applicable criteria for certificates of need set forth in the
statutes, rules, and the criteria and standards. The report shall clearly set
forth any planning methodologies, databases, and resource materials utilized in
making its findings. The report may include other information the Executive
Director deems appropriate and informative. The report shall address the
(a) The applicant's compliance with
the criteria found in Agency Rules Chapter 0720-11;
(b) A verification of the methodologies
provided by the applicant to meet the criteria specified in (a), as well as
identification of any additional methodologies that would further clarify
compliance with the criteria;
An assessment of the applicant's compliance with any applicable criteria and
standards a/k/a Guidelines for Growth; and
(d) An analysis of any information received
from the Division of TennCare as to the previous, current and proposed TennCare
participation or non-participation of the applicant and any affiliate(s)
involved with the project.
(11) An applicant may provide written
supporting information to its application during the review cycle. Further, the
applicant will have the right to respond in writing to the report. The Health
Services and Development Agency shall receive a copy of the applicant's
response to the staff report not less than five (5) days prior to the Health
Services and Development Agency meeting.
(12) Holder of Certificate of Need. A
certificate of need will normally be issued to the person to whom the license
for the health care institution is or will be issued; if not a health care
institution as defined in T.C.A. § 68-11-1602, then a certificate of need
will normally be issued to the person who will provide the service.