On June 30, in response to Public Chapter No. 557 (new law), which makes significant changes to Tennessee’s certificate of need (CON) program, the Health Services and Development Agency (HSDA) issued draft emergency rules and draft regular rules implementing the new law. The emergency rules will be adopted at the HSDA’s August 25, 2021, meeting, the last meeting before October 1, 2021, when most provisions of the new law become effective. The HSDA Executive Director’s June 30, 2021, memorandum announcing the draft rules can be found here.

Comments on the HSDA’s draft emergency rules and draft regular rules must be submitted to the HSDA’s Executive Director before July 26, 2021. Comments received before that deadline will be considered when voting on the final version of the emergency rules takes place at the HSDA’s August meeting. A parallel process will occur before the adoption of the regular rules.

We will continue to monitor developments. For a more in-depth discussion of the new law’s changes to Tennessee’s CON requirements and process, see our prior alert and summary chart.