Tennessee Health Facilities Commission approves three Certificate of Need applications, defers three others

The Tennessee Health Facilities Commission approved three Certificate of Need (CON) applications and deferred three others at its Oct. 23, 2024 meeting in Nashville.

Executive Director Logan Grant called the meeting to order at 9 a.m. and announced the commission's next meeting on Dec. 11, 2024, at the Cordell Hull State Legislative Office Building, Senate Hearing Room 1, in Nashville. The commission established a quorum of nine members: Chairman Rick Chinn; Vice-Chairman Melanie Keller; members Tim Evans, James Wright, Barbara Brennan, Michael Denney and Jeremy Biggs; and designees Johnny Lai (for TennCare) and Nicole Sweitzer (for the Comptroller).

In business before the commission, the body approved a request by Baptist Memorial Hospital–Carroll County (CN2408-013) to initiate hospital-based outpatient diagnostic cardiac catheterization services in Jackson (Madison County). Staff presented the application, which listed an estimated project cost of $736,119 and a service area that included Madison, Gibson, Carroll, Henderson, Chester, Crockett, Hardeman and McNairy counties. Barbara Brennan moved to approve the application; Melanie Keller seconded. Eight members voted to approve (Nicole Sweitzer, Johnny Lai, Melanie Keller, James Wright, Barbara Brennan, Michael Denney, Tim Evans and Jeremy Biggs). The motion carried 8-0-0.

Two freestanding emergency department (FSED) applications were considered under simultaneous-review procedures. Sumner Regional Medical Center's proposal (CN2407-019; estimated cost $20,630,528) was opposed on the record by TriStar Hendersonville Medical Center. TriStar Hendersonville Medical Group's competing application (CN2407-020; estimated cost $17,832,032) was opposed by Sumner Regional Medical Center. Commissioners Tim Evans, Barbara Brennan and Johnny Lai recused themselves from the votes on those two applications. Both applications were approved by the five remaining voting members — Nicole Sweitzer, Michael Denney, Melanie Keller, James Wright and Jeremy Biggs — each vote recorded 5-0-0.

The commission deferred three applications to its Dec. 11 meeting: two filings by KabaFusion TN, LLC (CN2405-012 and CN2408-021), each described as proposing home infusion and related home health services with estimated project costs listed at $116,393; combined, staff said the two KabaFusion filings would serve up to 93 Tennessee counties when treated together. The commission also deferred Quality Hospice's petition (CN2408-022) to add five counties to its licensed service area; that application faced opposition from multiple hospice providers noted in the record. The deferred items were continued without a final vote.

Staff also briefed commissioners on the effect of Public Chapter 557 on TCA § 68-11-1616, explaining that the statute now requires a written factual and legal explanation for denied applications filed on or after Oct. 1, 2021, while approvals can be recorded by motion alone.

With no further business, the commission adjourned. "HFC minutes provide a brief summary of commission actions. A detailed record of each meeting (recording and transcript) is available upon request by contacting the HFC office," Executive Director Logan Grant said.

The commission's next meeting is scheduled for Dec. 11, 2024, at the Cordell Hull State Legislative Office Building, Senate Hearing Room 1, Nashville.