(a) Notwithstanding any language in this chapter to the contrary, subsequent to initiation by an authority of a project or prior to acting upon any inducement or commitment related to such proposed project, the authority shall, with respect to each proposed project, make an application to THEC for THEC approval of the project and any debt issuance following THEC’s review of a feasibility study relative to the need for the proposed medical education program described in the application and, if debt is to be issued, the capacity of the proposed project and the associated medical education program to pay the principal, interest and costs of issuance of any debt to be incurred. THEC shall develop a policy specifying any information, documents or data that will be required in making an application required by this section, which shall include, but not be limited to:
Terms Used In Tennessee Code 7-90-123
Contract: A legal written agreement that becomes binding when signed.
Medical education program: means a program of study that is a biomedical research program, dental program, nursing program, medical program, including graduate medical education, or allied health program. See Tennessee Code 7-90-103
Municipality: means any county, metropolitan government or incorporated city or town in this state located in a county having a population of not less than ninety-one thousand eight hundred (91,800), according to the 2000 federal census or any subsequent federal census. See Tennessee Code 7-90-103
Project: means any facilities or group of facilities to be used for a medical school, dental school, biomedical research, graduate medical education, nursing degree programs, or allied health profession degree programs. See Tennessee Code 7-90-103
State: means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality of the state, now or hereafter existing. See Tennessee Code 7-90-103
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) The type of medical education program that will be offered, to include the specific degree or degrees to be awarded;(2) The anticipated number of students to be served by the proposed project for each degree being offered;(3) Conceptual plans and cost estimates related to the facility to house the proposed medical education program;(4) A copy of any known feasibility study or studies related to the proposed project;(5) Information to ensure that the medical education program will not negatively impact an existing institution in the state or region of the same or similar type or with the same or similar mission;(6) A copy of the business plan for operation of the medical education program;(7) Assurances that such institution will seek and attain appropriate programmatic and institutional accreditations;(8) A detailed description of how the proposed medical education program fits into the state’s higher education master plan along with any relevant supporting information and documentation pertaining to the project; and(9) Information pertaining to the proposed fiscal operations of the proposed program, and the proposed structure and terms of the financing.(b) THEC shall have the authority to contract with another entity to perform the feasibility study required by this part, the cost of which, including the reasonable costs of THEC, shall be the responsibility of the authority.(c) A copy of the information specified in subsection (a) with respect to the feasibility study shall be furnished to the comptroller of the treasury which shall furnish to the authority, THEC and any municipality granting a pledge of revenues or full faith and credit, written comments on the structure of the proposed debt financing and, if the comptroller of the treasury desires to do so, comments on the capacity of the proposed project to pay the debt service. The reasonable costs of the comptroller of the treasury in reviewing and analyzing the information furnished to the comptroller and in preparing comments thereon shall be the responsibility of the authority.(d) The authority may not approve the project, or the issuance of debt in connection therewith, unless and until the authority receives written approval of THEC following THEC’s receipt and review of a written feasibility study performed pursuant to this section which finds that the project is consistent with the state’s higher education master plan and, if debt is to be issued, that the proposed project has the capacity to pay the principal, interest and costs of issuance of the debt to be incurred and which finds feasibility in compliance with the factors in subsection (a).
