Tenn. Code § 68-11-1617

Current through Acts 2023-2024, ch. 1069

Section 68-11-1617 - Revocation of certificate of need - Grounds

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;

(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.

T.C.A. § 68-11-1617

Amended by 2022 Tenn. Acts, ch. 1119, s 142, eff. 7/1/2022.

Amended by 2022 Tenn. Acts, ch. 1119, s 141, eff. 7/1/2022.

Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021.

Amended by 2016 Tenn. Acts, ch. 1043, s 19, eff. 7/1/2016.

Acts 2002, ch. 780, § 4; 2004, ch. 942, § 13.