2019 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Health
Chapter 11 - Health Facilities and Resources
Part 16 - Tennessee Health Services and Planning Act of 2002
§ 68-11-1628. Relocation of beds -- Requirements -- Certification Status.
(a) Any existing licensed and operating nursing home may relocate less than all of its licensed beds to a new location or site if the following conditions are satisfied:
(1) The original facility has maintained an average annual occupancy rate for all licensed beds of at least eighty-five percent (85%) as reported on the joint annual reports for the calendar years 2006 and 2007;
(2) The proposed location for relocation of beds is within the original facility's service area;
(3) The original facility is part of a continuing care retirement community that offers long term care, including services that included skilled nursing facility (SNF) services, assisted living and independent living;
(4) The original facility is licensed for more than two hundred ninety (290) beds by the department of health and was certified within the preceding twelve (12) months for medicaid and medicare participation; and
(5) An application for the relocation of the beds is filed with and approved by the health services development agency pursuant to this part.
(b) Any beds relocated to a new location shall initially have the same medicaid certification status that the original, existing nursing home relocating its beds maintains when the certificate of need is granted allowing the movement of beds.
(c) Nothing in this section shall affect a certificate of need project filed before June 3, 2008.
(d) Any existing licensed and operating nursing home which has been operated as part of a continuing care retirement community that offers long term care, including services that included SNF services, assisted living, and independent living for at least twenty (20) years may relocate thirty (30) or fewer of its licensed beds to a new, separately licensed nursing home which will also operate as part of a continuing care retirement community if all the following conditions are satisfied:
(1) The proposed location for the relocation of beds is within the same county as the original facility;
(2) Both the original licensed facility and the new separately licensed facility will be licensed to not-for-profit corporations, and are affiliated through common management;
(3) The original facility is certified for participation in the medicare program, but is not and was not certified for the medicaid program within the ten (10) years preceding the filing of a certificate of need application for the relocation of beds, and any beds relocated to a new location shall initially have the same medicare and medicaid certification status that the original, existing nursing home relocating its beds maintains when the certificate of need is granted allowing the relocation of beds;
(4) The original facility is licensed for at least one hundred twenty (120) nursing home beds by the department of health; and
(5) An application for the relocation of the beds is filed with and approved by the health services development agency pursuant to this part.
