Tenn. Comp. R. & Regs. 0720-10-.07 - EXEMPTION FROM VOIDING A CERTIFICATE OF NEED AND ANY ACTIVITY AUTHORIZED BY A CERTIFICATE OF NEED

(1) The Agency may issue a temporary exemption to the voiding of a certificate of need and any activity authorized by the certificate of need upon finding that sufficient cause for the temporary cessation of the activity has been presented to the Agency along with a plan to resume the activity in the future;

(2) Any person seeking a temporary exemption must file an application for the exemption on forms provided by the Agency prior to the month of the Agency's meeting where the request is to be considered;

(3) The application must include reasons for the temporary cessation of the activity, a detailed plan to resume the activity, and an estimated date for resumption of the activity;

(4) Opposition to an exemption request must be filed no later than 15 days prior to the meeting where the Agency is scheduled to consider the request, and must provide a detailed reason for the opposition with any supporting facts, law or documentation to be considered by the Agency;

(5) Any temporary exemption issued by the Agency must expire at a date certain;

(6) An additional temporary exemption may be requested prior to the expiration of a temporary exemption;

(7) There is no limit on the number of temporary exemptions that may be issued by the Agency upon finding that sufficient cause for the temporary cessation of the activity has been presented to the Agency along with a plan to resume the activity in the future.

Notes

Tenn. Comp. R. & Regs. 0720-10-.07

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. § 68-11-1605 and 2021 Tenn. Pub. Acts Ch. 557.