Overview

CNS Cares (CNS) is a specialty home healthcare company providing services in 20 states to beneficiaries of the Energy Employees Occupational Illness Compensation Program (EEOICP) operated by the U.S. Department of Labor. Passed by Congress in October 2000, this program provides health benefits to former energy workers who have developed illnesses due to exposure to radiation and/or other toxic substances. Because of the existence of numerous facilities in and around the Oak Ridge area, Tennessee residents have historically filed the largest number of EEOICP claims. For many years, CNS had sought to operate in Tennessee to provide these specialized services. When CNS was unfairly denied a Certificate of Need (CON) to operate in Tennessee, they turned to SRG for strategic counsel and lobbying services to solve their issue.

Our Approach

In Tennessee, a CON has been required to get a license to provide home health services. CNS’s CON application was denied due to a “lack of need” determination, although demand for their unique home healthcare services continued to grow exponentially.  When policymakers began seriously contemplating broad CON reform and members of the Tennessee General Assembly formed a workgroup to evaluate this reform, SRG recognized an opportunity to raise this unique situation and lobby for the need to abolish CON requirements for this specialized home healthcare service that has no real direct fiscal impact to the state budget and helps seriously ill Tennesseans.

Results

SRG met with members of the CON reform workgroup, key leaders in the House and Senate, staff in the governor’s office, and the state agency charged with reviewing CON applications to advocate for elimination of the CON requirement for home healthcare companies serving Tennesseans with EEOICP eligibility. Ultimately, the Tennessee General Assembly passed legislation that materially reformed the CON process, including a CON carve out that exempts home healthcare agencies that provide care exclusively to EEOICP beneficiaries.

Due to this change in the law, CNS was able to apply for a home healthcare license to operate in Tennessee without a CON. They were awarded a license and are today providing care to Tennesseans in need of these important services. SRG continues to represent CNS and advocate for them with members of the General Assembly, key stakeholders, and reform advocates.