Tennessee legislation · 114th General Assembly
Tennessee HB2278: AN ACT to amend Tennessee Code Annotated, Title 9; Title 49; Title 53; Title 55 and Title 68, relative to public health.
Status: Chaptered, May 18, 2026
Fiscal Summary NOT SIGNIFICANT Bill Summary ON MARCH 26, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2414, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, provide that any certificate of public advantage in effect on June 30, 2028, automatically expires. However, any pricing restrictions in a certificate of advantage remain in effect until the fifth anniversary of the expiration date or the date that a new inpatient acute care hospital opens in the geographic service area, whichever is earlier. After June 30, 2028, the attorney general must supervise any pricing restrictions still in effect, and the pricing restrictions may only be modified by the mutual written agreement of the attorney general and the entity subject to the restrictions. Present law authorizes a hospital to negotiate and enter into cooperative agreements with other hospitals in this state, if the likely benefits resulting from the agreements outweigh any disadvantages attributable to a reduction in competition that may result from the agreements. Parties to such an agreement may apply to the department of health for a certificate of public advantage governing that cooperative agreement. ON APRIL 6, 2026, THE HOUSE SUBSTITUTED SENATE BILL 2414 FOR HOUSE BILL 2278, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2414, AS AMENDED. AMENDMENT #1 clarifies that an acute care hospital in the same geographical area that a certificate of public advantage expired pursuant to the bill is not required to obtain a certificate of need. ON APRIL 16, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #1.
What the bill says
From the amended text:
House Health 1 Amendment No. 1 to HB2278 Terry Signature of Sponsor AMEND S e n ate Bill No. 2414* House Bill No. 2278 by deleting all language after the enacting clause and substituting: 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. (j) Notwithstanding part 16 of …