Hospitals and Health Care Facilities - As introduced, increases from 15 to 30 days, the time before the originally scheduled health facilities commission meeting at which an applicant's certificate of need application is to be heard by the commission by which a healthcare institution wishing to oppose such application must file written notice with the commission, and about which the applicant's published letter of intent in a newspaper of general circulation in the proposed service area of the project must contain a statement of notice. - Amends TCA Title 4; Title 33; Title 56; Title 63; Title 68, Title 71 and Chapter 985 of the Public Acts of 2024.

114th Regular Session (2025-2026) Introduced by William Lamberth

Extends healthcare facility certificate of need opposition filing deadline from 15 to 30 days, giving opponents more time to formally challenge proposed healthcare projects in Tennessee.

Action Def. in s/c Health Subcommittee to 3/25/2026

#hospitalsandhealthcarefacilities

Legislative bill overview

HB 2558 extends the deadline for healthcare institutions to file written opposition to certificate of need (CON) applications from 15 days to 30 days before the Health Facilities Commission hearing. The bill also requires applicants to include a notice statement about this opposition deadline in their published letter of intent in local newspapers.

Why is this important

Certificate of Need regulations control major healthcare facility expansions and new services in Tennessee. This change affects the procedural timeline for stakeholders to formally challenge proposed healthcare projects, potentially influencing competition and market access in the healthcare industry. The longer timeframe allows more opportunity for competing institutions or interested parties to mount formal challenges to proposed projects.

Potential points of contention

Industry impact: Hospitals and healthcare systems may view the extended timeline as creating uncertainty and delays in project approval, while competitors may see it as providing necessary time for due diligence and building opposition cases

Public notice effectiveness: Questions about whether a 30-day window versus 15-day window meaningfully changes public participation, or whether the change primarily benefits institutional players with resources to monitor and respond

Certificate of Need policy debates: Broader disagreement exists over whether CON requirements help protect healthcare access and prevent wasteful duplication or whether they protect incumbent providers from competition and limit innovation