Section 0720-10-.03 - EMERGENCY CERTIFICATE OF NEED(1) Where an unforeseen event necessitates action of a type requiring a certificate of need and the public health, safety, or welfare would be unavoidably jeopardized by compliance with the standard procedures for application and granting of a certificate of need, the Agency may issue an emergency certificate of need.(2) An emergency certificate of need may be issued upon request of the applicant when the Executive Director and officers of the Agency concur, after consultation with the appropriate licensing agency. Prior to an emergency certificate of need being granted, the applicant must publish notice of the application in a newspaper of general circulation and submit any written documentation requested by the Executive Director. Agency members must be notified by Agency staff of the request.(3) A decision regarding whether to issue an emergency certificate of need will be considered at the next regularly scheduled Agency meeting unless the applicant's request is necessitated by an event that has rendered its facility, equipment or service inoperable. In such case, the Agency's Chair, Vice-Chair, and Executive Director may act immediately to consider the application for an emergency certificate of need.(4) Said certificate is valid for a period not to exceed one hundred twenty (120) days: when the applicant has applied for a certificate of need under standard Agency procedures, an extension of the emergency certificate of need may be granted.Tenn. Comp. R. & Regs. 0720-10-.03
Original rule filed August 31, 2005; effective November 14, 2005. Rule was previously numbered 0720-10-.04 but was renumbered 0720-10-.03 with the deletion of the original rule 0720-10-.02 filed October 24, 2017; effective January 22, 2018. Amendments filed October 24, 2017; effective January 22, 2018. Emergency rules filed September 28, 2021; effective through March 27, 2022. Amendments filed December 27, 2021; effective 3/27/2022.Authority: T.C.A. §§ 4-5-201, et seq., 4-5-202, and 68-11-1605; 2016 Tenn. Pub. Acts Ch. 1043; and 2021 Tenn. Pub. Acts Ch. 557.