(a) A replacement facility application is an application that proposes to replace one (1) or more currently licensed nursing homes with one (1) single licensed nursing home.
Terms Used In Tennessee Code 68-11-1623
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
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
Licensed beds: means the number of beds licensed by the commission having licensing jurisdiction over the facility in which the beds are located. See Tennessee Code 68-11-1602
relative: means a spouse, parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, or nephew by blood, marriage, or adoption. See Tennessee Code 68-11-1602
(b) An application or portion of a replacement facility application that does not increase the number of licensed beds over the number of beds in the existing facility or facilities being replaced must be reviewed and considered by the commission pursuant to the criteria in § 68-11-1609(b), and shall not be considered new nursing home beds. In reviewing the application, the commission shall give preference to projects that propose replacement facilities because of building or life safety standard issues. The criteria of § 68-11-1619 do not apply to replacement facility applications.(c) If a replacement facility application seeks to increase the number of licensed beds over the number of beds in the existing facility or facilities being replaced, then that portion of the application that increases the number of beds must comply with § 68-11-1619, and is considered new nursing home beds. The remaining part of the application relative to the replacement of the facility or facilities must be reviewed and considered under the criteria set out in subsection (b). In reviewing such an application, the commission shall give preference to projects that propose replacement facilities because of building or life safety standard issues.(d) With regard to a certificate of need to replace a nursing home that has ceased operations, the original facility is not required to maintain its license after the certificate of need has been approved for the replacement facility.
