68-11-204 - Requirement for license Governmental institutions exempted. [Amended effective January 1, 2010. See the Compiler's Notes.] - Tennessee Statutes

68-11-204. Requirement for license Governmental institutions exempted. [Amended effective January 1, 2010. See the Compiler's Notes.]

(a)  [Amended effective January 1, 2010. See the Compiler's Notes.]

(1)  No person, partnership, association, corporation or any state, county or local government unit, or any division, department, board or agency of the governmental unit, shall establish, conduct, operate or maintain in this state any hospital, recuperation center, nursing home, home for the aged, residential HIV supportive living facility, assisted-care living facilities, home care organization, residential hospice, birthing center, prescribed child care center, renal dialysis clinic, outpatient diagnostic center, ambulatory surgical treatment center, or adult care homes as defined in this part, without having a license.

     (2)  State or local government home care organizations may be excluded by the board.

(b)  Any health care facility or local health department operated by the federal government shall be exempt from the provisions of this part.

(c)  The board, in its discretion, shall be authorized to issue licenses to several licensees in such form as it may deem necessary to distinguish between and identify any of the facilities required to be licensed by the department.

(d)  Nothing in this part requires a person or entity providing hospice residential services as of July 1, 1992, to obtain a certificate of need as a residential hospice, if such person or entity, prior to July 1, 1992, had qualified for reimbursement as a hospice under the federal medicare program.

[Acts 1947, ch. 13, § 6; C. Supp. 1950, § 5879.5 (Williams, § 4432.6); Acts 1953, ch. 113, § 27; 1968, ch. 552, § 2; 1971, ch. 225, § 3; 1975, ch. 276, § 3; 1976, ch. 471, § 3; T.C.A. (orig. ed.), § 53-1305; Acts 1992, ch. 805, §§ 4, 5; 1993, ch. 234, § 14; 1994, ch. 747, § 5; 1996, ch. 674, § 4; 1996, ch. 818, § 3; 1998, ch. 1021, § 4; 2000, ch. 981, §§ 83, 84; 2001, ch. 285, §§ 3, 4; 2001, ch. 438, §§ 4-6, 18; 2004, ch. 917, § 3; 2009, ch. 186, § 12; 2009, ch. 579, § 7.]