Section 1200-38-01-.06 - ACTIVE SUPERVISION BY TERMS OF CERTIFICATION(1) The Department shall maintain active supervision in accordance with the terms of certification described in 1200-38-01-.03. The Department shall not be bound by measures, indices or other conditions found outside of the COPA.(2) Periodic Reports. The Department shall maintain active supervision in addition to requesting COPA holders to submit periodic reports to the Department in a format determined by the Department. The periodic reports shall be filed with the Department on January 1 and July 1 (or the following business day) each year. The reports should include the name, address, telephone number and other contact information for the party responsible for completing future reports who may be contacted by the Department to monitor the implementation of the Cooperative Agreement.(3) Update Plan of Separation. The parties to the Cooperative Agreement shall update the parties' Plan of Separation annually and submit the updated Plan of Separation to the Department. The parties shall provide an independent opinion from a qualified organization which states the Plan of Separation can be operationally implemented without undue disruption to essential health services provided by the parties.(4) Modification of Index. The Department retains the right to modify any Measure, Index or condition under the COPA at any time.(5) The Department shall conduct a public hearing in the geographic service area where a COPA is in effect at least once every three (3) years to afford the public the opportunity to express their views regarding the operation of the Cooperative Agreement.(6) Departmental Review. At least annually, the Department shall review such documents necessary to determine compliance with the terms of the COPA and calculate the Index. In addition to any required documents, the parties shall provide the Department with the most recent verifiable values available for those Measures that are included in the Index (except any Measures or factors which the Department itself regularly generates, receives or holds). The Department reserves the right to request supplemental information when needed, as determined by the Department.(7) A Department representative may make periodic onsite inspections of the Certificate Holder's locations as necessary in regard to compliance with COPA.(8) Parties to the COPA must timely pay all applicable fees and invoices for initiation and maintenance of the COPA.(9) The Department shall make public and in writing its determinations of compliance, and the Index score and trends.(10) Failure to meet any of the terms of the COPA shall result in termination or modification of the COPA.Tenn. Comp. R. & Regs. 1200-38-01-.06
Emergency rule filed July 14, 2015; effective through January 10, 2016. New rule filed October 6, 2015; effective January 4, 2016. Amendments filed December 10, 2018; effective 3/10/2019.Authority: T.C.A. § 68-11-1303.