Certificate of Need

Certificate of need (CON) is a permit for the establishment or modification of a health care institution, facility, or service at a designated location. Tennessee’s CON program seeks to deliver improvement in access, quality and cost savings through orderly growth management of the state’s health care system.  The Division of Health Planning is charged with setting the standards and criteria for granting a CON in the State Health Plan. The Health Services Development Agency (HSDA) decides whether to grant or deny a CON using the standards and criteria.

Public Chapter 1043 became effective July 1, 2016. This law made sweeping changes to the state’s Certificate of Need Program including additions and deletions to services overseen by the program, a new emphasis on the quality of health care provided by the applicant, increasing the oversight of granted CONs by the HSDA, and changes in the funding structure of the agency. The following list outlines the facilities, equipment, and services regulated by the CON program as of July 1, 2016.

Burn Unit

Neonatal Intensive Care Unit

Open Heart Surgery

Organ Transplantation

Cardiac Catheterization

Linear Accelerator

Positron Emission Tomography

Home Health

Hospice

Psychiatric

Opiate Addiction Treatment provided through a nonresidential substation-based treatment center for opiate addiction

Initiation of service: Magnetic Resonance Imaging in a county with a population in excess of 250,000 – for pediatric patients only

Increasing the number of machines or Initiation of service: Magnetic Resonance Imaging in a county with a population of 250,000 or less – for any patients

Satellite Emergency Department

Nursing Home

Recuperation Center

Hospital

Ambulatory Surgical Treatment Center

Mental Health Hospital

Intellectual Disability Institutional Habilitation Facility

Home Care Organization

Outpatient Diagnostic Treatment Center

Rehabilitation Facility

Residential Hospice

Nonresidential Substitution-based Treatment Center for Opiate Addiction

Beds may be increased by 10% of licensed beds in a specific bed category without a CON once every three years

Revision of CON Standards and Criteria

Since the first State Health Plan was published in 2009, the Division of Health Planning has revised specific standards and criteria. These revised standards replace the standards included in the Guidelines for Growth 2000 Edition, which the HSDA continues to reference for categories not yet revised under updated versions of the State Health Plan.

It takes considerable work to update CON standards and criteria, and the Division of Health Planning is committed to a transparent, inclusive, and well-informed process to ensure that the appropriate criteria are considered by the HSDA when granting a CON. In drafting revised standards, the division consults with experts and interested stakeholders through a variety of methods including interviews, public meetings, questionnaires, and public comment periods. To participate in the division’s CON standards review process, please visit the Get Involved page.

Once an updated State Health Plan is approved and adopted by the governor, any CON application deemed complete by the HSDA on or after the date of adoption is considered under the revised standards, if applicable. Below is a list of CON categories with revised standards and criteria previously adopted. 

Revised CON Standards and Criteria

CON Category

Link to Document

State Health Plan Version

Non-Residential Opioid Treatment Programs
Download 2017-2018 State Health Plan
Acute Care Beds Download 2017-2018 State Health Plan

Freestanding Emergency Departments

Download

2016 State Health Plan

Organ Transplantation

Download

2016 State Health Plan

Neonatal Intensive Care Unite

Download

2015 State Health Plan

Psychiatric Inpatient Services

Download

2015 State Health Plan

Nursing Home Services

Download

2014 State Health Plan

Hospice Services

Download

2014 State Health Plan

Home Health Services

Download

2014 State Health Plan

Ambulatory Surgical Treatment Centers

Download

2012 State Health Plan

Hospice Services

Download

2012 State Health Plan

Magnetic Resonance Imaging

Download

2011 State Health Plan

Megavoltage Radiation Therapy

Download

2019 State Health Plan

Open Heart Surgery Services

Download

2010 State Health Plan

PET Services

Download

2009 State Health Plan

Cardiac Catheterization Services

Download

2009 State Health Plan