Public Chapter 291

SENATE BILL NO. 1818

By Ford

Substituted for: House Bill No. 1913

By Lois DeBerry, Bowers, Langster, Pruitt

AN ACT To amend Tennessee Code Annotated, Title 68, relative to certificates of need for certain home health agencies.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 68-11-106, is amended by adding the following as a new subsection:

( ) A not-for-profit home care organization, licensed as a home health agency before January 1, 1978, which has rendered at least five (5) years home health care to special needs populations, pursuant to a Section 1915(c) Home and Community Based Waiver for Elderly and Disabled, may provide the care delineated as waiver services in the Section 1915(c) Home and Community Based ADAPT Waiver in any county with a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, without obtaining a certificate of need. The agency shall provide written notice of its intent to provide such services to the Commission on forms provided by the Commission. This exemption will expire upon any transfer of ownership of such agency.

SECTION 2. This act shall take effect July 1, 1997, the public welfare requiring it.