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Back to HB 2278
Tennessee General Assembly· HB 2278Comp. SB subst.

Public Health - As enacted, provides that any certificate of public advantage in effect on June 30, 2028, automatically expires but any pricing restrictions in a certificate of advantage remain in effect until the fifth , the official text

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                              PUBLIC CHAPTER NO. 904

                                                    SENATE BILL NO. 2414

                             By Watson, Gardenhire, Crowe, Harshbarger, Bowling

                                           Substituted for: House Bill No. 2278

       By Faison, Cochran, Tim Hicks, Lamberth, Crawford, Hill, Alexander, Renea Jones, Hawk,
                                                           Gary Hicks

AN ACT to amend Tennessee Code Annotated, Title 9; Title 49; Title 53; Title 55 and Title 68,
          relative to public health.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 68-11-1303, is amended by adding the
following as new subsections:

                   (i)(1) Any certificate of public advantage in effect on June 30, 2028, automatically
                   expires; provided, that any pricing restrictions in a certificate of public advantage that
                   are in effect as of the expiration date remain in effect until the earlier of the fifth
                   anniversary of the expiration date or the date that a new inpatient acute care hospital
                   opens in the geographic service area covered by the expired certificate of public
                   advantage.

                             (2) After June 30, 2028, the pricing restrictions must be supervised by the
                   attorney general and reporter pursuant to a supervision agreement, and may only be
                    modified by the mutual written agreement of the entity subject to the pricing
                    restrictions and the attorney general and reporter. The entity subject to the pricing
                   restrictions is responsible for the costs of the attorney general and reporter's
                   supervision of the pricing restrictions.

                             (3) This section does not limit or impair the authority of the attorney general
                   and reporter to enforce state or federal antitrust law.

                    U) Notwithstanding part 16 of this chapter, or another law to the contrary, an acute
          care hospital in the same geographical area that a certificate of public advantage expired
          pursuant to subsection (i) is not required to obtain a certificate of need pursuant to § 68-11-
          1607.

          SECTION 2. Tennessee Code Annotated, Section 68-11-1607(a), is amended by deleting "A
person shall not perform" and substituting "Except as provided in§ 68-11-13030), a person shall not
perform".

          SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.
         SENATE BILL NO. 2414

PASSED:  April 16, 2026

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                         ')                 RANDY McNLY

                         SPEAKER OF THE SENATE

                         CAMEROl'f'SEXTON,SPEAKER
                         HOUSE OF REPRESENTATIVES

0 (V\& APPROVED this c;-t)_ day of          2026

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                        BILL LEE, GOVERNOR
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