(a) There is created a health facilities commission that has jurisdiction and powers relating to the certificate of need program; the development of the criteria and standards to guide the commission when issuing certificates of need; conducting of studies related to health care, which must include a needs assessment; related reporting of healthcare institutions subject to this chapter; management and oversight of the staff of the board for licensing healthcare facilities; and the licensing and regulation of healthcare facilities through the board for licensing healthcare facilities, as described in§ 68-11-202.
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
Conflict of interest: means a matter before the commission in which the member or employee of the commission has a direct interest or indirect interest that is in conflict or gives the appearance of conflict with the discharge of the member's or employee's duties. See Tennessee Code 68-11-1602
Direct interest: means a pecuniary interest in the persons involved in a matter before the commission, and applies to the commission member or employee, the commission member's or employee's relatives, or an individual with whom or business in which the member or employee has a pecuniary interest. See Tennessee Code 68-11-1602
Facility: means real property owned, leased, or used by a healthcare institution for any purpose, other than as an investment. See Tennessee Code 68-11-1602
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.
Indirect interest: means a personal interest in the persons involved in a matter before the commission that is in conflict with the discharge of the commission member's or employee's duties. See Tennessee Code 68-11-1602
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Needs assessment: means an annual report that measures access to health care in this state, particularly as to emergency and primary care. See Tennessee Code 68-11-1602
Oversight: Committee review of the activities of a Federal agency or program.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Quorum: The number of legislators that must be present to do business.
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
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
(b)(1) The commission consists of eleven (11) members, including:
(A) The comptroller of the treasury, or an employee of the office of the comptroller of the treasury designated by the comptroller;(B) The state director of TennCare, or its successor, or an employee of the division of TennCare, or its successor, designated by the director;(C) The commissioner of commerce and insurance, or an employee of the department of commerce and insurance designated by the commissioner;(D) One (1) consumer member appointed by the speaker of the senate;(E) One (1) consumer member appointed by the speaker of the house of representatives; and(F) Six (6) members appointed by the governor, to include:
(i) One (1) person who has recent experience as an executive officer of a hospital or hospital system who may be appointed from lists of qualified persons submitted by interested hospital groups, including, but not limited to, the Tennessee Hospital Association;(ii) One (1) representative of the nursing home industry who may be appointed from lists of qualified persons submitted by interested healthcare groups, including, but not limited to, the Tennessee Health Care Association;(iii) One (1) duly licensed physician who may be appointed from lists of qualified persons submitted by interested medical groups, including, but not limited to, the Tennessee Medical Association;(iv) One (1) representative of the home care industry who may be appointed from lists of qualified persons submitted by interested home care groups, including, but not limited to, the Tennessee Association for Home Care. The initial term for the home care industry representative is two (2) years. Upon the expiration of that term, the home care industry representative is appointed for a three-year term pursuant to subsection (c);(v) One (1) consumer member; and(vi) One (1) representative of the ambulatory surgical treatment center industry.(2) The governor shall consult with interested groups, including, but not limited to, the organizations listed in subdivision (b)(1) to determine qualified persons to fill positions with the commission.(3) In making appointments to the health facilities commission, the governor and the speakers shall strive to ensure that racial minorities, females, persons sixty (60) years of age and older, and the three (3) grand divisions are represented.(4) The consumer members must be persons who are knowledgeable of health needs and services and who are further knowledgeable by training or experience in healthcare facility design or construction, financing of healthcare services or construction, reimbursement of healthcare services, or general healthcare economics. The consumer members shall not be a direct provider of healthcare goods or services.(5) The governor shall designate one (1) individual as an alternate commission member for each appointment made pursuant to subdivisions (b)(1)(F)(i)-(vi) to serve when the alternate member’s respective regularly appointed member is unable to participate in a matter before the commission due to the member’s absence or because of the member’s recusal due to a conflict of interest. Each alternate commission member is subject to the same qualifications that apply to the appointment of the alternate member’s respective regularly appointed member, as described in subdivisions (b)(1)(F)(i)-(vi).(c)(1) A member of the commission shall not serve beyond the expiration of the member’s term, whether or not a successor has been appointed by the governor or the speakers of the senate and the house of representatives.(2) Except for the comptroller of the treasury, the commissioner of commerce and insurance, and the director of TennCare, or their respective designees, commission members are appointed for three-year terms, and a member shall not serve more than two (2) consecutive three-year terms.(3) If a member is absent from three (3) consecutive, regularly scheduled public meetings of the commission, then the individual’s membership is automatically terminated, and the position is considered as vacant.(d)(1) Each member of the commission shall receive fifty dollars ($50.00) per diem when actually engaged in the discharge of the member’s official duties, and in addition, shall be reimbursed for all travel and other necessary expenses. However, commission members who are state employees shall not receive per diem, but must be reimbursed for all travel and other necessary expenses.(2) Expenditures must be claimed and paid in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration, and approved by the attorney general and reporter.(e)(1) At the first meeting in each fiscal year, the commission shall elect officers. The chair of the commission must be a consumer member to serve a term of two (2) years. A member of the commission may serve as vice chair, which is a term of one (1) year. A member shall not serve more than two (2) consecutive terms as vice chair.(2) Meetings of the commission must be held as frequently as its duties may require.(3) Six (6) members constitute a quorum, but a vacancy on the commission does not impair its power to act.(4) An action of the commission is not effective unless the action is concurred in by a majority of commission members present and voting.(5) In the event of a tie vote, the action is considered disapproved.(6) The commission shall record by name the votes taken on all actions of the commission.(7)(A) All commission members shall annually review and sign a statement acknowledging the statute, rules, and policies concerning conflicts of interest.(B)(i) A member, upon determining that a matter scheduled for consideration by the commission results in a conflict with a direct interest, shall immediately notify the executive director and is recused from any deliberation of the matter, from making any recommendation, from testifying concerning the matter, or from voting on the matter. The member shall join the public during the proceedings.(ii) A member with an indirect interest shall publicly acknowledge such interest.(iii) All members shall make every reasonable effort to avoid even the appearance of a conflict of interest. If a member is uncertain whether the relationship justifies recusal, then the member shall follow the determination by the legal counsel for the commission.(iv) A determination by the commission or a court that a member of the commission with a direct interest failed to provide notice and be recused from deliberations of the matter, from making any recommendation, from testifying concerning the matter, or from voting on the matter, results in the member’s automatic termination from the commission and the position is considered vacant. The member is not eligible for appointment to any commission, board, or commission of this state for a period of two (2) years.(v) The executive director, upon determining that a conflict exists for the executive director or a member of the staff, shall notify the chair of the commission and take such action as the chair prescribes and pursuant to this part.
