In addition to other grounds for revocation provided by other statutes, rule of law, or equity, the commission has the power to revoke a certificate of need whenever the following has occurred:

(1) The holder of a certificate of need has not made substantial and timely progress toward the completion of the project or acquisition of the equipment;

Terms Used In Tennessee Code 68-11-1617

  • 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
  • Department: means the department of health. See Tennessee Code 68-11-1602
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(2) The acquisition or project as described in the person‘s application has been changed or altered in a manner that significantly deviates from the acquisition or project approved by the commission when the certificate of need was granted;
(3) The decision to issue a certificate of need was based, in whole or in part, on information or data in the application which was false, incorrect, or misleading, whether intentional or not;
(4) The holder of the certificate of need has committed fraud in obtaining the certificate of need or has committed fraud upon the commission after the certificate of need was issued. For purposes of this section, “fraud” means a form of deceit, trickery, misrepresentation, or subterfuge, including, but not limited to, the following actions:

(A) Making a knowingly false statement, orally or in writing, in connection with a certificate of need application or project subject to the jurisdiction of the commission;
(B) Intentionally withholding or suppressing information that the person knows, or reasonably should know, is relevant to a certificate of need application or project subject to the jurisdiction of the commission; or
(C) Altering, forging, or otherwise modifying, with fraudulent intent, a document submitted to the commission in connection with a certificate of need application or project subject to the jurisdiction of the commission; or
(5) The violation of a condition placed upon a certificate of need by the commission, prior to licensure by the commission or department of mental health and substance abuse services.
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