(1) The Executive Director may issue an exemption for the relocation of existing healthcare institutions and approved services when the Executive Director determines that:
(a) At least seventy-five percent (75%) of patients to be served are reasonably expected to reside in the same zip codes as the existing patient population; and
(b) The relocation will not reduce access to consumers, particularly those in underserved communities; those who are uninsured or underinsured; women and racial and ethnic minorities; TennCare or medicaid recipients; and low income groups.
(2) The Executive Director will issue the exemption only upon receipt of a completed exemption application on forms provided by the Agency and proof of publication of notice of the application in a newspaper of general circulation in both the county of the existing facility or service and the county where the service or facility is to be relocated;
(a) Prior to deeming an application complete, the Executive Director shall ensure Agency staff's independent review and verification of information submitted to the Agency in applications, presentations, or otherwise. The purpose of the independent review and verification is to ensure that the information is accurate, complete, comprehensive, timely, and relevant to the decision. The independent review and verification must be applied to, but not necessarily be limited to, applicant-provided information as to any critical information submitted or requested concerning an application; and staff examinations of data sources, data input, data processing, and data output, and verification of critical information;
(b) The application, supporting documentation and staff review must be posted on the Agency's website no later than 21 days prior to issuing an exemption;
(3) Opposition to an exemption application must be filed with the Agency no later than 15 days after the application, supporting documentation and staff review have been posted; any opposition must be limited to the basis for review detailed in 0720-10-.06(1)(a) and (1)(b).
(4) The exemption determination shall be made at a time and place to be posted on the Agency's website, no sooner than 21 days after the notice is posted.
(5) A relocation exemption granted by the Executive Director is subject to Agency review as provided by law.


Tenn. Comp. R. & Regs. 0720-10-.06
Emergency rules filed September 28, 2021; effective through March 27, 2022. New rules filed December 27, 2021; effective 3/27/2022.

Authority: T.C.A. ยง 68-11-1605 and 2021 Tenn. Pub. Acts Ch. 557.

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