Tennessee op-ed argues state CON laws stifle healthcare access

The Tennessee legislature recently passed reforms to the state's certificate-of-need laws that will gradually phase out state CON requirements for ASCs, among other changes. 

However, Jeffrey Mazzella, president of the Center for Individual Freedom, a nonprofit conservative advocacy organization, writes in a Jan. 13 op-ed published by the Chattanooga Times Free Press that CON laws continue to restrict access to affordable healthcare in the state. 

The new law will lift CON requirements for ASCs beginning Dec. 1, 2025. While the new law also orders a six-year study of the effects of the new law, Mr. Mazzella contends that the upcoming legislative session should focus on fully repealing the laws. 

As evidence, Mr. Mazzella cites a report by the Beacon Center of Tennessee, a "free-market" think tank, which claims 5.5 million Tennessee residents were denied healthcare between 2000 and 2022 due to CON laws. The report also claims that if its CON laws were totally repealed, the state would be home to up to 63 more hospitals, with 25 located in rural areas. 

Mr. Mazzella argues that Tennessee's population is expected to hit nearly 8 million residents by 2040, thus necessitating more rapid development of healthcare facilities.

"As the 15th most populous state in the country, we must ensure that our health care system keeps up with that pace of growth and health care providers are available when and where patients need them," he writes. 

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