Tri-Cities Holdings LLC, et al. v. Tennessee Administrative Procedures Division, et al.

This case provides this Court with an opportunity to settle circuit conflicts involving state burdens on expansion of treatment for opioid addiction -- an epidemic projected to kill 1,000,000 Americans in the next decade.

1. Whether the lower court erred, its decision is in conflict with the decisions of this Court and at least two other circuits, when it upheld Tennessee Code Section 68-11- 1607(c)(3)(Respondent HSDA’s “Notice Rule”), a rule that facially discriminates against the disabled without any rational basis (the lower court finding none), that imposes procedural burdens and costs to be imposed only upon the disabled (certified mail costs of $24.44 alone, with potential voiding of the Certificate of Need application, and loss of $3,000 filing fee for non-compliance), and operates to galvanize local opposition to clinics serving the disabled, and burdens expansion of treatment of opioid addiction, and the lower court doing this by finding that discrimination against the disabled is acceptable under the ADA if the discrimination is “small” and “done quietly” so as not to cause public “opprobrium.” 42 U.S.C. § 12101(b)(1); 42 U.S.C. § 12132.

2. Whether the lower court erred, its decision in conflict with the decisions of at least two other circuits, when it upheld the Notice