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HFC approves several Certificate of Need requests, defers one and denies hospice application

Health Facilities Commission · August 1, 2024
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Summary

At its Aug. 28 meeting the Tennessee Health Facilities Commission approved multiple CON applications including a nursing-home bed expansion, deferred KabaFusion’s home infusion application to Oct. 23, and rejected a hospice provider’s CON application after opposition.

The Tennessee Health Facilities Commission approved a series of Certificate of Need requests and acted on other agenda items during its Aug. 28 meeting in Nashville.

The commission approved minutes of the June 24 meeting by unanimous vote. On the consent calendar the commission approved Holston Medical Group’s request to add a 3.0 Tesla MRI in Kingsport (CN2405-011) and approved Mountain People’s Health Council’s initiation of MRI services in Oneida (CN2406-015); both consent items were recorded as 8-0 approvals. The Plastic Surgery Center Brentwood (CN2405-013) was approved by a 7-0 roll call with one recusal recorded for Commissioner Tim Evans.

KabaFusion TN, LLC’s application (CN2405-012) to establish a home care/home infusion organization with a proposed 67-county service area was deferred to the Oct. 23, 2024 meeting for further consideration. The McKendree Post Acute and Rehabilitation application (CN2406-017) to add 30 Medicare and TennCare dually certified nursing home beds at an existing Hermitage facility was approved (8-0); the record notes the beds are subject to the 125 Nursing Home Bed Pool allocation for 2023-2024.

The commission considered an application from Shalom Hospice of Southeast Tennessee, LLC (CN2406-016) to initiate in-home hospice services in five counties. The motion to approve that application, moved by Barbara Brennan and seconded by Nicole Sweitzer, failed on the roll call (two in favor, three opposed) and the application was denied. The meeting minutes list multiple opposing providers and local clinicians and name Page Smith and Travis Swearingen among those who spoke on behalf of opposition organizations.

Deputy Director Phillip Earhart clarified a procedural change early in the meeting: Public Chapter 557 amended Tennessee law (TCA §68-11-1616) so that detailed written factual and legal findings are required only for denials; routine approvals may be recorded by motion without a written explanatory narrative. The commission adjourned after completing the agenda.

Actions taken at the meeting included approvals, one denial and a deferral; the minutes note estimated project costs for several applications but, consistent with the statute change, written factual findings were not produced for the approvals in the meeting record.