1. (1) These rules implement the Community Mental Health Center Cooperation Act of 1998 (“Act”), Tennessee Code Annotated, Section 33-2-701 et seq. The Act, under certain circumstances, allows two or more community mental health centers within the State of Tennessee to negotiate and enter into a cooperative agreement between or among themselves upon making an application to the Department for a certificate of public advantage (“COPA”). The Tennessee Department of Mental Health and Substance Abuse Services shall issue a COPA to applicants if the Department determines, in consultation with the Office of Attorney General for the State of Tennessee, that the likely benefits resulting from the cooperative agreement outweigh any disadvantages attributable to a reduction in competition that may result from the cooperative agreement. Once a COPA is issued, the Department shall actively and continually supervise and oversee the implementation and operation of the cooperative agreement to the fullest extent required by law.

Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-302(a)(3), 33-1-304, 33-1-305(1), 33-1-309, 33-2- 101, and 33-2-701, et seq. Administrative History: Original rule filed June 29, 2004; effective September 12, 2004. Administrative corrections made to agency names in December 2022 pursuant to Public Chapter 575 of 2012.