Tenn. Code Ann. § 71-5-314 — TN Code / Title 71 / Chapter 5 / Section 71-5-314
Fraudulent receipt of food assistance - Penalties - Statute of limitations
Status: in_force

(a) A person commits an offense who, knowingly, obtains, or attempts to obtain, or aids, or abets any person to obtain, by means of a willfully false statement, representation, or impersonation, or by any other fraudulent means or in any manner not authorized by this part, or by the regulations or procedures issued or implemented by the department pursuant to this part, any food coupons, food stamps, or food assistance benefits provided by any electronic benefits transfer process, or any assistance provided pursuant to this part by any other means as determined by the department, to which such person is not entitled or of a greater value than that to which such person is entitled. (b) A person commits an offense who, knowingly, in any manner not authorized by this part or the regulations or procedures implemented by the department pursuant to this part, presents for payment, or causes to be presented for payment, transfers, exchanges, sells, or otherwise uses, or aids or abets any person to present for payment, transfer, exchange, sell, or otherwise use any food coupons, food stamps or food assistance benefits, or any electronic benefits card, authorization or personal identification number, device or other thing or means issued or utilized for the purpose of providing temporary assistance benefits pursuant to this part electronically or otherwise. (c) A person who receives food coupons, food stamps or food assistance benefits or any electronic benefits card, authorization or personal identification number, device or other thing or means issued or utilized for the purpose of providing food assistance benefits electronically or otherwise, knowing them to have been presented for payment, transferred, exchanged, sold or otherwise used in any manner not authorized by this part or the regulations or procedures implemented by the department pursuant to this part, commits an offense. (d) An offense under this section is a Class E felony if the value of such food stamps, food coupons, or food assistance sought to be obtained, or that is obtained, is one hundred dollars ($100) or more, and upon conviction of the offense, such person shall be sentenced for such offense as provided by law, or shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both, unless the offense is committed by means of a willfully false impersonation, assumption of a false identity, or presentation of a false identification, in which case the fine is not less than two thousand five hundred dollars ($2,500) nor more than ten thousand dollars ($10,000); and, if the food stamps, food coupons, or food assistance sought to be obtained, or that is obtained, is of a value less than one hundred dollars ($100), such person commits a Class A misdemeanor and shall be sentenced or fined, or both, as provided by law. (e) (1) In addition to or in lieu of the penalties in this section, the court may order that such person be disqualified from participation in the food coupon, food stamp, or food assistance program: (A) For twelve (12) months for the first offense; (B) For twenty-four (24) months for the second offense; and (C) Permanently for the third offense. (2) Individuals found by a court to have used or received benefits in a transaction involving the sale of a controlled substance, as defined in § 102 of the Controlled Substances Act ( 21 U.S.C. § 802 ), must be disqualified from participation in the food coupon, food stamp, or food assistance program: (A) For twenty-four (24) months for the first such violation; and (B) Permanently for the second such violation. (3) Individuals found by a court to have used or received benefits in a transaction involving the sale of firearms, ammunition, or explosives must be permanently disqualified from participation in the food coupon, food stamp, or food assistance program upon the first such violation. (4) Individuals convicted by a court for having trafficked benefits for an aggregate amount of five hundred dollars ($500) or more must be permanently disqualified from participation in the food coupon, food stamp, or food assistance program upon the first such violation. (5) Except as provided by subdivision (e)(1)(C), individuals found to have made a fraudulent statement or representation with respect to their identity or place of residence in order to receive multiple food coupons, food stamps, or food assistance program benefits simultaneously must be disqualified from participation in the food coupon, food stamp, or food assistance program for ten (10) years. (6) Disqualification of an adult pursuant to this section from eligibility for assistance under this part must not disqualify or suspend the eligibility of an innocent adult or child of the disqualified adult's family. (f) The department shall enclose a copy of the penalties provided in this section one (1) time, in notice form, to each recipient of assistance pursuant to this part and post a notice to such effect in noticeable places in each of its assistance offices. (g) In addition to any of the penalties in this section, any person convicted of any offense specified in subsection (a), (b) or (c) shall be ordered to make restitution in the total amount found to be the value of the food coupons, food stamps or food assistance that form the basis for the conviction. In the event any person ordered to make restitution pursuant to this section is found to be indigent and, therefore, unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability. (h) Notwithstanding any other law to the contrary, prosecutions for any of the offenses specified in subsection (a), (b) or (c) shall be commenced within four (4) years after the commission of the offense. For purposes of this subsection (h), any such offense that is based upon a willful failure to report information as required by law is considered a continuing offense until such information is reported. (i) (1) In addition to any criminal provisions provided by this section, the department is authorized to address intentional program violations or overpayments in the food assistance program through any administrative means, including, but not limited to, settlement of such violations or overpayments by a written agreement with recipients or by the provision of administrative hearings pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and federal regulations. (2) The department is authorized to initiate legal action to collect all overpayments and all payments made due to intentional program violations or fraud in the food assistance program. (j) The department shall implement the following procedures regarding electronic benefits card replacement requests: (1) The department shall, upon the third request within a twelve-month period, notify the recipient to provide information regarding fraud, abuse, and trafficking and inform the recipient of the consequences that result from a fourth request within a twelve-month period, as provided in subdivision (j)(2); (2) The department shall, upon the fourth replacement request within a twelve-month period, notify the recipient that the recipient's case is being monitored for suspicious activity and has been referred to the department's office of inspector general for investigation; and (3) If a third-party vendor provides replacement cards directly to recipients on behalf of the department, the vendor shall notify the department upon a third request within a twelve-month period by a recipient and upon any subsequent request thereafter. Amended by 2024 Tenn. Acts, ch. 570,s 6, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 515, s 3, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 789, s 5, eff. 12/1/2018. Amended by 2013 Tenn. Acts, ch. 402, s 2, eff. 5/14/2013. Acts 1971, ch. 136, § 19; T.C.A., § 14-2219; Acts 1980, ch. 572, § 3; 1981, ch. 390, §§ 1-3; 1982, ch. 647, § 1; 1985, ch. 34, § 1; T.C.A., § 14-27-114; Acts 1989, ch. 591, §§ 108-111; 1999, ch. 248, § 5.
(a) A person commits an offense who, knowingly, obtains, or attempts to obtain, or aids, or abets any person to obtain, by means of a willfully false statement, representation, or impersonation, or by any other fraudulent means or in any manner not authorized by this part, or by the regulations or procedures issued or implemented by the department pursuant to this part, any food coupons, food stamps, or food assistance benefits provided by any electronic benefits transfer process, or any assistance provided pursuant to this part by any other means as determined by the department, to which such person is not entitled or of a greater value than that to which such person is entitled.
(b) A person commits an offense who, knowingly, in any manner not authorized by this part or the regulations or procedures implemented by the department pursuant to this part, presents for payment, or causes to be presented for payment, transfers, exchanges, sells, or otherwise uses, or aids or abets any person to present for payment, transfer, exchange, sell, or otherwise use any food coupons, food stamps or food assistance benefits, or any electronic benefits card, authorization or personal identification number, device or other thing or means issued or utilized for the purpose of providing temporary assistance benefits pursuant to this part electronically or otherwise.
(c) A person who receives food coupons, food stamps or food assistance benefits or any electronic benefits card, authorization or personal identification number, device or other thing or means issued or utilized for the purpose of providing food assistance benefits electronically or otherwise, knowing them to have been presented for payment, transferred, exchanged, sold or otherwise used in any manner not authorized by this part or the regulations or procedures implemented by the department pursuant to this part, commits an offense.
(d) An offense under this section is a Class E felony if the value of such food stamps, food coupons, or food assistance sought to be obtained, or that is obtained, is one hundred dollars ($100) or more, and upon conviction of the offense, such person shall be sentenced for such offense as provided by law, or shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both, unless the offense is committed by means of a willfully false impersonation, assumption of a false identity, or presentation of a false identification, in which case the fine is not less than two thousand five hundred dollars ($2,500) nor more than ten thousand dollars ($10,000); and, if the food stamps, food coupons, or food assistance sought to be obtained, or that is obtained, is of a value less than one hundred dollars ($100), such person commits a Class A misdemeanor and shall be sentenced or fined, or both, as provided by law.
(e) (1) In addition to or in lieu of the penalties in this section, the court may order that such person be disqualified from participation in the food coupon, food stamp, or food assistance program: (A) For twelve (12) months for the first offense; (B) For twenty-four (24) months for the second offense; and (C) Permanently for the third offense. (2) Individuals found by a court to have used or received benefits in a transaction involving the sale of a controlled substance, as defined in § 102 of the Controlled Substances Act ( 21 U.S.C. § 802 ), must be disqualified from participation in the food coupon, food stamp, or food assistance program: (A) For twenty-four (24) months for the first such violation; and (B) Permanently for the second such violation. (3) Individuals found by a court to have used or received benefits in a transaction involving the sale of firearms, ammunition, or explosives must be permanently disqualified from participation in the food coupon, food stamp, or food assistance program upon the first such violation. (4) Individuals convicted by a court for having trafficked benefits for an aggregate amount of five hundred dollars ($500) or more must be permanently disqualified from participation in the food coupon, food stamp, or food assistance program upon the first such violation. (5) Except as provided by subdivision (e)(1)(C), individuals found to have made a fraudulent statement or representation with respect to their identity or place of residence in order to receive multiple food coupons, food stamps, or food assistance program benefits simultaneously must be disqualified from participation in the food coupon, food stamp, or food assistance program for ten (10) years. (6) Disqualification of an adult pursuant to this section from eligibility for assistance under this part must not disqualify or suspend the eligibility of an innocent adult or child of the disqualified adult's family.
(1) In addition to or in lieu of the penalties in this section, the court may order that such person be disqualified from participation in the food coupon, food stamp, or food assistance program: (A) For twelve (12) months for the first offense; (B) For twenty-four (24) months for the second offense; and (C) Permanently for the third offense.
(A) For twelve (12) months for the first offense;
(B) For twenty-four (24) months for the second offense; and
(C) Permanently for the third offense.
(2) Individuals found by a court to have used or received benefits in a transaction involving the sale of a controlled substance, as defined in § 102 of the Controlled Substances Act ( 21 U.S.C. § 802 ), must be disqualified from participation in the food coupon, food stamp, or food assistance program: (A) For twenty-four (24) months for the first such violation; and (B) Permanently for the second such violation.
(A) For twenty-four (24) months for the first such violation; and
(B) Permanently for the second such violation.
(3) Individuals found by a court to have used or received benefits in a transaction involving the sale of firearms, ammunition, or explosives must be permanently disqualified from participation in the food coupon, food stamp, or food assistance program upon the first such violation.
(4) Individuals convicted by a court for having trafficked benefits for an aggregate amount of five hundred dollars ($500) or more must be permanently disqualified from participation in the food coupon, food stamp, or food assistance program upon the first such violation.
(5) Except as provided by subdivision (e)(1)(C), individuals found to have made a fraudulent statement or representation with respect to their identity or place of residence in order to receive multiple food coupons, food stamps, or food assistance program benefits simultaneously must be disqualified from participation in the food coupon, food stamp, or food assistance program for ten (10) years.
(6) Disqualification of an adult pursuant to this section from eligibility for assistance under this part must not disqualify or suspend the eligibility of an innocent adult or child of the disqualified adult's family.
(f) The department shall enclose a copy of the penalties provided in this section one (1) time, in notice form, to each recipient of assistance pursuant to this part and post a notice to such effect in noticeable places in each of its assistance offices.
(g) In addition to any of the penalties in this section, any person convicted of any offense specified in subsection (a), (b) or (c) shall be ordered to make restitution in the total amount found to be the value of the food coupons, food stamps or food assistance that form the basis for the conviction. In the event any person ordered to make restitution pursuant to this section is found to be indigent and, therefore, unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.
(h) Notwithstanding any other law to the contrary, prosecutions for any of the offenses specified in subsection (a), (b) or (c) shall be commenced within four (4) years after the commission of the offense. For purposes of this subsection (h), any such offense that is based upon a willful failure to report information as required by law is considered a continuing offense until such information is reported.
(i) (1) In addition to any criminal provisions provided by this section, the department is authorized to address intentional program violations or overpayments in the food assistance program through any administrative means, including, but not limited to, settlement of such violations or overpayments by a written agreement with recipients or by the provision of administrative hearings pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and federal regulations. (2) The department is authorized to initiate legal action to collect all overpayments and all payments made due to intentional program violations or fraud in the food assistance program.
(1) In addition to any criminal provisions provided by this section, the department is authorized to address intentional program violations or overpayments in the food assistance program through any administrative means, including, but not limited to, settlement of such violations or overpayments by a written agreement with recipients or by the provision of administrative hearings pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and federal regulations.
(2) The department is authorized to initiate legal action to collect all overpayments and all payments made due to intentional program violations or fraud in the food assistance program.
(j) The department shall implement the following procedures regarding electronic benefits card replacement requests: (1) The department shall, upon the third request within a twelve-month period, notify the recipient to provide information regarding fraud, abuse, and trafficking and inform the recipient of the consequences that result from a fourth request within a twelve-month period, as provided in subdivision (j)(2); (2) The department shall, upon the fourth replacement request within a twelve-month period, notify the recipient that the recipient's case is being monitored for suspicious activity and has been referred to the department's office of inspector general for investigation; and (3) If a third-party vendor provides replacement cards directly to recipients on behalf of the department, the vendor shall notify the department upon a third request within a twelve-month period by a recipient and upon any subsequent request thereafter.
(1) The department shall, upon the third request within a twelve-month period, notify the recipient to provide information regarding fraud, abuse, and trafficking and inform the recipient of the consequences that result from a fourth request within a twelve-month period, as provided in subdivision (j)(2);
(2) The department shall, upon the fourth replacement request within a twelve-month period, notify the recipient that the recipient's case is being monitored for suspicious activity and has been referred to the department's office of inspector general for investigation; and
(3) If a third-party vendor provides replacement cards directly to recipients on behalf of the department, the vendor shall notify the department upon a third request within a twelve-month period by a recipient and upon any subsequent request thereafter.
Amended by 2024 Tenn. Acts, ch. 570,s 6, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 515, s 3, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 789, s 5, eff. 12/1/2018.
Amended by 2013 Tenn. Acts, ch. 402, s 2, eff. 5/14/2013.
Acts 1971, ch. 136, § 19; T.C.A., § 14-2219; Acts 1980, ch. 572, § 3; 1981, ch. 390, §§ 1-3; 1982, ch. 647, § 1; 1985, ch. 34, § 1; T.C.A., § 14-27-114; Acts 1989, ch. 591, §§ 108-111; 1999, ch. 248, § 5.
Tenn. Code Ann. § 71-4-1203 — TN Code / Title 71 / Chapter 4 / Section 71-4-1203
Eligibility
Status: in_force

An individual is eligible for a personal care assistance services subsidy under this part if such individual: (1) Is eighteen (18) years of age or older; (2) Has a severe physical disability; (3) Is receiving or has received vocational rehabilitation services from the division; (4) Is employed or ready for employment; (5) Has a need documented under § 71-4-1205 for not less than fourteen (14) hours a week of personal care assistance service provided by a person other than a family member, which services are necessary to enable the individual to be employed; (6) Is not otherwise eligible for personal care assistance services under other state or federal programs; (7) Agrees to a periodic reevaluation of such individual's need for personal care assistance services and of the extent of that need; (8) Has no or insufficient personal income or other support from public services, family members or neighbors; (9) Agrees to recruit, hire, fire, and supervise the person who provides personal care assistance services to such individual; and (10) Qualifies under § 71-4-1206 . Acts 1986, ch. 905, § 5; T.C.A., § 14-16-203.
An individual is eligible for a personal care assistance services subsidy under this part if such individual:
(1) Is eighteen (18) years of age or older;
(2) Has a severe physical disability;
(3) Is receiving or has received vocational rehabilitation services from the division;
(4) Is employed or ready for employment;
(5) Has a need documented under § 71-4-1205 for not less than fourteen (14) hours a week of personal care assistance service provided by a person other than a family member, which services are necessary to enable the individual to be employed;
(6) Is not otherwise eligible for personal care assistance services under other state or federal programs;
(7) Agrees to a periodic reevaluation of such individual's need for personal care assistance services and of the extent of that need;
(8) Has no or insufficient personal income or other support from public services, family members or neighbors;
(9) Agrees to recruit, hire, fire, and supervise the person who provides personal care assistance services to such individual; and
(10) Qualifies under § 71-4-1206 .
Acts 1986, ch. 905, § 5; T.C.A., § 14-16-203.
Tenn. Code Ann. § 71-3-501 — TN Code / Title 71 / Chapter 3 / Section 71-3-501
Part definitions
Status: in_force

As used in this part, unless otherwise exempted pursuant to § 71-3-503 , and unless the context otherwise requires: (1) "Care giver," "care givers," "care provider" or "care providers," means the person or persons or entity or entities directly responsible for providing for the supervision, protection, and basic needs of the child; (2) "Child" or "children" means a person or persons under eighteen (18) years of age; (3) "Child care" means the provision of supervision and protection, and, at a minimum, meeting the basic needs, of a child or children for less than twenty-four (24) hours a day; (4) "Child care agency" or "agency" means and only where the context requires in any other provision of law, a place or facility, regardless of whether it is currently licensed, that is operated as a family child care home, a group child care home, a child care center, or a drop-in center, as those terms are defined in this part, or that provides child care for five (5) or more children who are not related to the primary caregiver for three (3) or more hours per day; (5) "Child care center" means any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least thirteen (13) children who are not related to the primary caregiver; provided, that a child care agency shall not be classified as a "child care center" that operates as a "group child care home" and keeps three (3) additional school-age children as permitted in subdivision (10); provided, further, that all children, related or unrelated shall be counted in the adult-to-child supervision ratios and group sizes applicable to child care centers; with the exception, that if the child care center is operated in the occupied residence of the primary caregiver, children nine (9) years of age or older who are related to the primary caregiver will not be counted in determining the adult-to-child supervision ratios or group sizes applicable to child care centers if such children are provided a separate space from that occupied by the child care center. The department may permit children in the separate space to interact with the children in the licensed child care center in such manner as it may determine is appropriate; (6) "Commissioner" means the chief administrative officer in charge of the department of human services; (7) "Department" means the department of human services; (8) "Drop-in center" means a place or facility operated by any person or entity providing child care, at the same time, for fifteen (15) or more children, who are not related to the primary caregiver, for short periods of time, not to exceed eighteen (18) hours per week and for not more than nine (9) hours per day for any individual child during regular working hours, Monday through Friday six o'clock a.m. (6:00 a.m.) to six o'clock p.m. (6:00 p.m.); provided, however, that a drop-in center may provide such child care during evenings after six o'clock p.m. (6:00 p.m.) and weekends, Friday, six o'clock p.m (6:00 p.m.) through Sunday, ten o'clock p.m. (10:00 p.m.), so long as the drop-in center provides no more than a total of twenty (20) hours per week, exclusive of snow days, defined as days when the school of the affected child is closed; provided, further, that drop-in centers may provide such care during snow days; provided, however, that, notwithstanding any other requirements of this part, training requirements for the staff of this class of child care agency shall be limited to basic health and safety precautions and the detection and reporting of child abuse and neglect for children in care; provided, further, that, notwithstanding any other provision of this chapter to the contrary, drop-in centers that provide child care for no more than two (2) hours per day with a maximum of ten (10) hours per week without compensation, while the parent or other custodian is engaged in short-term activities on the premises of the organization, shall register as providing casual care, as defined in § 71-3-503(a)(9) , and shall not be deemed to be a drop-in center or regulated as a drop-in center; (9) "Family child care home" means any place or facility that is operated by any person or entity that provides child care for three (3) or more hours per day for at least five (5) children but not more than seven (7) children who are not related to the primary caregiver; provided, that the maximum number of children present in the family child care home, including related children of the primary caregiver shall not exceed twelve (12), with the exception that, if the family child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine (9) years of age or older will not be counted in determining the maximum number of children permitted to be present in a "family child care home" if those children are provided a separate space from that occupied by the family child care home. The department may permit children in the separate space to interact with the children in the licensed family child care home in such manner as it may determine is appropriate; (10) "Group child care home" means any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least eight (8) children who are not related to the primary caregiver; provided, however, that the maximum number of children present in a group child care home, including those related to the primary caregiver, shall not exceed twelve (12) children, with the exception that, if the group child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine (9) years of age or older will not be counted in determining the maximum number of children permitted to be present in a group child care home, if those children are provided a separate space from that occupied by the group child care home; and, provided, further, that up to three (3) additional school age children, related or unrelated to the primary caregiver, may be received for child care before and after school, on school holidays, on school snow days and during summer vacation. The department may permit children in the separate space to interact with the children in the licensed group child care home in such manner as it may determine is appropriate; (11) "License": (A) Means a license issued by the department of human services that authorizes a child care agency to operate as a family child care home, a group child care home, a child care center, or a drop-in center that provides child care for five (5) or more children who are not related to the primary caregiver for three (3) or more hours per day; and (B) Includes both continuous licenses, issued after a provisional licensure period, and provisional licenses, an initial license valid for one hundred twenty (120) days for the purpose of allowing the agency to demonstrate their ability to attain and maintain compliance with all licensing laws and rules; and (12) "Related" means the children, step-children, grandchildren, step-grandchildren, siblings of the whole or half-blood, step-siblings, nieces, nephews or foster children of the primary caregiver. Amended by 2023 Tenn. Acts, ch. 433, s 4, eff. 5/11/2023. Amended by 2022 Tenn. Acts, ch. 892, s 1, eff. 4/14/2022. Amended by 2015 Tenn. Acts, ch. 271, s 1, eff. 4/28/2015. Acts 2000, ch. 981, § 2; 2001, ch. 453, §§ 1, 2; 2005, ch. 93, § 1; 2005, ch. 151, § 1.
As used in this part, unless otherwise exempted pursuant to § 71-3-503 , and unless the context otherwise requires:
(1) "Care giver," "care givers," "care provider" or "care providers," means the person or persons or entity or entities directly responsible for providing for the supervision, protection, and basic needs of the child;
(2) "Child" or "children" means a person or persons under eighteen (18) years of age;
(3) "Child care" means the provision of supervision and protection, and, at a minimum, meeting the basic needs, of a child or children for less than twenty-four (24) hours a day;
(4) "Child care agency" or "agency" means and only where the context requires in any other provision of law, a place or facility, regardless of whether it is currently licensed, that is operated as a family child care home, a group child care home, a child care center, or a drop-in center, as those terms are defined in this part, or that provides child care for five (5) or more children who are not related to the primary caregiver for three (3) or more hours per day;
(5) "Child care center" means any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least thirteen (13) children who are not related to the primary caregiver; provided, that a child care agency shall not be classified as a "child care center" that operates as a "group child care home" and keeps three (3) additional school-age children as permitted in subdivision (10); provided, further, that all children, related or unrelated shall be counted in the adult-to-child supervision ratios and group sizes applicable to child care centers; with the exception, that if the child care center is operated in the occupied residence of the primary caregiver, children nine (9) years of age or older who are related to the primary caregiver will not be counted in determining the adult-to-child supervision ratios or group sizes applicable to child care centers if such children are provided a separate space from that occupied by the child care center. The department may permit children in the separate space to interact with the children in the licensed child care center in such manner as it may determine is appropriate;
(6) "Commissioner" means the chief administrative officer in charge of the department of human services;
(7) "Department" means the department of human services;
(8) "Drop-in center" means a place or facility operated by any person or entity providing child care, at the same time, for fifteen (15) or more children, who are not related to the primary caregiver, for short periods of time, not to exceed eighteen (18) hours per week and for not more than nine (9) hours per day for any individual child during regular working hours, Monday through Friday six o'clock a.m. (6:00 a.m.) to six o'clock p.m. (6:00 p.m.); provided, however, that a drop-in center may provide such child care during evenings after six o'clock p.m. (6:00 p.m.) and weekends, Friday, six o'clock p.m (6:00 p.m.) through Sunday, ten o'clock p.m. (10:00 p.m.), so long as the drop-in center provides no more than a total of twenty (20) hours per week, exclusive of snow days, defined as days when the school of the affected child is closed; provided, further, that drop-in centers may provide such care during snow days; provided, however, that, notwithstanding any other requirements of this part, training requirements for the staff of this class of child care agency shall be limited to basic health and safety precautions and the detection and reporting of child abuse and neglect for children in care; provided, further, that, notwithstanding any other provision of this chapter to the contrary, drop-in centers that provide child care for no more than two (2) hours per day with a maximum of ten (10) hours per week without compensation, while the parent or other custodian is engaged in short-term activities on the premises of the organization, shall register as providing casual care, as defined in § 71-3-503(a)(9) , and shall not be deemed to be a drop-in center or regulated as a drop-in center;
(9) "Family child care home" means any place or facility that is operated by any person or entity that provides child care for three (3) or more hours per day for at least five (5) children but not more than seven (7) children who are not related to the primary caregiver; provided, that the maximum number of children present in the family child care home, including related children of the primary caregiver shall not exceed twelve (12), with the exception that, if the family child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine (9) years of age or older will not be counted in determining the maximum number of children permitted to be present in a "family child care home" if those children are provided a separate space from that occupied by the family child care home. The department may permit children in the separate space to interact with the children in the licensed family child care home in such manner as it may determine is appropriate;
(10) "Group child care home" means any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least eight (8) children who are not related to the primary caregiver; provided, however, that the maximum number of children present in a group child care home, including those related to the primary caregiver, shall not exceed twelve (12) children, with the exception that, if the group child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine (9) years of age or older will not be counted in determining the maximum number of children permitted to be present in a group child care home, if those children are provided a separate space from that occupied by the group child care home; and, provided, further, that up to three (3) additional school age children, related or unrelated to the primary caregiver, may be received for child care before and after school, on school holidays, on school snow days and during summer vacation. The department may permit children in the separate space to interact with the children in the licensed group child care home in such manner as it may determine is appropriate;
(11) "License": (A) Means a license issued by the department of human services that authorizes a child care agency to operate as a family child care home, a group child care home, a child care center, or a drop-in center that provides child care for five (5) or more children who are not related to the primary caregiver for three (3) or more hours per day; and (B) Includes both continuous licenses, issued after a provisional licensure period, and provisional licenses, an initial license valid for one hundred twenty (120) days for the purpose of allowing the agency to demonstrate their ability to attain and maintain compliance with all licensing laws and rules; and
(A) Means a license issued by the department of human services that authorizes a child care agency to operate as a family child care home, a group child care home, a child care center, or a drop-in center that provides child care for five (5) or more children who are not related to the primary caregiver for three (3) or more hours per day; and
(B) Includes both continuous licenses, issued after a provisional licensure period, and provisional licenses, an initial license valid for one hundred twenty (120) days for the purpose of allowing the agency to demonstrate their ability to attain and maintain compliance with all licensing laws and rules; and
(12) "Related" means the children, step-children, grandchildren, step-grandchildren, siblings of the whole or half-blood, step-siblings, nieces, nephews or foster children of the primary caregiver.
Amended by 2023 Tenn. Acts, ch. 433, s 4, eff. 5/11/2023.
Amended by 2022 Tenn. Acts, ch. 892, s 1, eff. 4/14/2022.
Amended by 2015 Tenn. Acts, ch. 271, s 1, eff. 4/28/2015.
Acts 2000, ch. 981, § 2; 2001, ch. 453, §§ 1, 2; 2005, ch. 93, § 1; 2005, ch. 151, § 1.
Tenn. Code Ann. § 71-1-123 — TN Code / Title 71 / Chapter 1 / Section 71-1-123
Recovery by state of certain benefits incorrectly paid or for which recipient is reimbursed
Status: in_force

(a) (1) Any benefits paid to, or on behalf of, any recipient cannot be recovered from such a beneficiary unless such assistance has been incorrectly paid, or unless the recipient or beneficiary recovers or is entitled to recover from a third-party reimbursement for all or part of the costs of care or treatment for an injury or illness for which the assistance is paid. (2) To the extent of payments of assistance, the state shall be subrogated to all rights of recovery, for the cost of care or treatment for an injury or illness for which assistance is provided, contractual or otherwise, of the recipients against any person. (3) Payments to a provider of services shall not be withdrawn or reduced to recover funds obtained by the recipient from third parties for services rendered by such provider if these funds were obtained without the knowledge or direct assistance of the provider of assistance. (4) When the state asserts its right to subrogation, the state shall notify the recipient, in language understandable to all recipients, of such recipient's rights of recovery against third parties and that such recipient should seek the advice of an attorney regarding those rights of recovery to which such recipient may be entitled. (5) If, while receiving assistance, the recipient becomes possessed of any resource or income in excess of the amount stated in the application for the assistance provided, it is the duty of the recipient immediately to notify the agency designated to determine eligibility for the assistance of the receipt or possession of such resource or income. (6) When it is found that any person has failed to so notify the agency that such person is or was possessed of any resource or income in excess of the amount allowed, or when it is found that within three (3) years prior to the date of that person's application, or as otherwise provided by policy or state plan, a recipient made an assignment or transfer of property for the purpose of rendering the recipient eligible for assistance as provided in this part, any amount of assistance paid in excess of the amount to which the recipient was entitled shall constitute benefits incorrectly paid. Any benefits incorrectly paid shall be recoverable from the recipient, while living, as a debt due to the state and, upon the recipient's death, as a claim classified with taxes having preference under the laws of this state. (b) (1) Upon accepting assistance from the programs designated in this part, the recipient shall be deemed to have made an assignment to the state of the right to third-party insurance benefits to which the recipient may be entitled. (2) Failure of the recipient to reimburse the state for the assistance received from any third-party insurance benefits received as a result of an illness or injury for which the assistance was paid may be grounds for removing the recipient from future participation in the benefits available under these programs as provided by policy or state plan; provided, that: (A) Any removal from participation shall be after appropriate advance notice to the recipient; (B) The provider of service shall not be prevented from receiving payment from the state for assistance services previously furnished the recipient; and (C) Nothing in this subsection (b) shall require an insurer to pay benefits to the state that have already been paid to the recipient. (c) (1) The right of subrogation by the state to the recipient's right to recovery shall be subject to ordinary and reasonable attorney fees. (2) Where a recipient has retained an attorney, the attorney shall not be considered liable unless the attorney has notice from the state of the state's claim of subrogation prior to disbursement of the funds to the recipient. (d) This section shall apply to all programs provided by the department pursuant to the Social Security Act (42 U.S.C.), as amended, and the federal Rehabilitation Act ( 29 U.S.C § 701 et seq.), as amended, and as provided in the Vocational Rehabilitation Law of Tennessee, compiled in title 49, chapter 11, part 6. Acts 1990, ch. 609, § 1.
(a) (1) Any benefits paid to, or on behalf of, any recipient cannot be recovered from such a beneficiary unless such assistance has been incorrectly paid, or unless the recipient or beneficiary recovers or is entitled to recover from a third-party reimbursement for all or part of the costs of care or treatment for an injury or illness for which the assistance is paid. (2) To the extent of payments of assistance, the state shall be subrogated to all rights of recovery, for the cost of care or treatment for an injury or illness for which assistance is provided, contractual or otherwise, of the recipients against any person. (3) Payments to a provider of services shall not be withdrawn or reduced to recover funds obtained by the recipient from third parties for services rendered by such provider if these funds were obtained without the knowledge or direct assistance of the provider of assistance. (4) When the state asserts its right to subrogation, the state shall notify the recipient, in language understandable to all recipients, of such recipient's rights of recovery against third parties and that such recipient should seek the advice of an attorney regarding those rights of recovery to which such recipient may be entitled. (5) If, while receiving assistance, the recipient becomes possessed of any resource or income in excess of the amount stated in the application for the assistance provided, it is the duty of the recipient immediately to notify the agency designated to determine eligibility for the assistance of the receipt or possession of such resource or income. (6) When it is found that any person has failed to so notify the agency that such person is or was possessed of any resource or income in excess of the amount allowed, or when it is found that within three (3) years prior to the date of that person's application, or as otherwise provided by policy or state plan, a recipient made an assignment or transfer of property for the purpose of rendering the recipient eligible for assistance as provided in this part, any amount of assistance paid in excess of the amount to which the recipient was entitled shall constitute benefits incorrectly paid. Any benefits incorrectly paid shall be recoverable from the recipient, while living, as a debt due to the state and, upon the recipient's death, as a claim classified with taxes having preference under the laws of this state.
(1) Any benefits paid to, or on behalf of, any recipient cannot be recovered from such a beneficiary unless such assistance has been incorrectly paid, or unless the recipient or beneficiary recovers or is entitled to recover from a third-party reimbursement for all or part of the costs of care or treatment for an injury or illness for which the assistance is paid.
(2) To the extent of payments of assistance, the state shall be subrogated to all rights of recovery, for the cost of care or treatment for an injury or illness for which assistance is provided, contractual or otherwise, of the recipients against any person.
(3) Payments to a provider of services shall not be withdrawn or reduced to recover funds obtained by the recipient from third parties for services rendered by such provider if these funds were obtained without the knowledge or direct assistance of the provider of assistance.
(4) When the state asserts its right to subrogation, the state shall notify the recipient, in language understandable to all recipients, of such recipient's rights of recovery against third parties and that such recipient should seek the advice of an attorney regarding those rights of recovery to which such recipient may be entitled.
(5) If, while receiving assistance, the recipient becomes possessed of any resource or income in excess of the amount stated in the application for the assistance provided, it is the duty of the recipient immediately to notify the agency designated to determine eligibility for the assistance of the receipt or possession of such resource or income.
(6) When it is found that any person has failed to so notify the agency that such person is or was possessed of any resource or income in excess of the amount allowed, or when it is found that within three (3) years prior to the date of that person's application, or as otherwise provided by policy or state plan, a recipient made an assignment or transfer of property for the purpose of rendering the recipient eligible for assistance as provided in this part, any amount of assistance paid in excess of the amount to which the recipient was entitled shall constitute benefits incorrectly paid. Any benefits incorrectly paid shall be recoverable from the recipient, while living, as a debt due to the state and, upon the recipient's death, as a claim classified with taxes having preference under the laws of this state.
(b) (1) Upon accepting assistance from the programs designated in this part, the recipient shall be deemed to have made an assignment to the state of the right to third-party insurance benefits to which the recipient may be entitled. (2) Failure of the recipient to reimburse the state for the assistance received from any third-party insurance benefits received as a result of an illness or injury for which the assistance was paid may be grounds for removing the recipient from future participation in the benefits available under these programs as provided by policy or state plan; provided, that: (A) Any removal from participation shall be after appropriate advance notice to the recipient; (B) The provider of service shall not be prevented from receiving payment from the state for assistance services previously furnished the recipient; and (C) Nothing in this subsection (b) shall require an insurer to pay benefits to the state that have already been paid to the recipient.
(1) Upon accepting assistance from the programs designated in this part, the recipient shall be deemed to have made an assignment to the state of the right to third-party insurance benefits to which the recipient may be entitled.
(2) Failure of the recipient to reimburse the state for the assistance received from any third-party insurance benefits received as a result of an illness or injury for which the assistance was paid may be grounds for removing the recipient from future participation in the benefits available under these programs as provided by policy or state plan; provided, that: (A) Any removal from participation shall be after appropriate advance notice to the recipient; (B) The provider of service shall not be prevented from receiving payment from the state for assistance services previously furnished the recipient; and (C) Nothing in this subsection (b) shall require an insurer to pay benefits to the state that have already been paid to the recipient.
(A) Any removal from participation shall be after appropriate advance notice to the recipient;
(B) The provider of service shall not be prevented from receiving payment from the state for assistance services previously furnished the recipient; and
(C) Nothing in this subsection (b) shall require an insurer to pay benefits to the state that have already been paid to the recipient.
(c) (1) The right of subrogation by the state to the recipient's right to recovery shall be subject to ordinary and reasonable attorney fees. (2) Where a recipient has retained an attorney, the attorney shall not be considered liable unless the attorney has notice from the state of the state's claim of subrogation prior to disbursement of the funds to the recipient.
(1) The right of subrogation by the state to the recipient's right to recovery shall be subject to ordinary and reasonable attorney fees.
(2) Where a recipient has retained an attorney, the attorney shall not be considered liable unless the attorney has notice from the state of the state's claim of subrogation prior to disbursement of the funds to the recipient.
(d) This section shall apply to all programs provided by the department pursuant to the Social Security Act (42 U.S.C.), as amended, and the federal Rehabilitation Act ( 29 U.S.C § 701 et seq.), as amended, and as provided in the Vocational Rehabilitation Law of Tennessee, compiled in title 49, chapter 11, part 6.
Acts 1990, ch. 609, § 1.
Tenn. Code Ann. § 71-5-1509 — TN Code / Title 71 / Chapter 5 / Section 71-5-1509
Implementation of part - Termination of ground ambulance provider assessment
Status: in_force

(a) The bureau shall implement this part to the extent that it is not inconsistent with the TennCare III federal waiver or any successor federal waiver. (b) The ground ambulance provider assessment established by this part terminates on June 30, 2025. Amended by 2024 Tenn. Acts, ch. 633,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 101, s 2, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1052, s 6, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 122, s 1, eff. 4/13/2021. Amended by 2020 Tenn. Acts, ch. 643, s 3, eff. 4/1/2020. Amended by 2019 Tenn. Acts, ch. 188, s 2, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018. Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.
(a) The bureau shall implement this part to the extent that it is not inconsistent with the TennCare III federal waiver or any successor federal waiver.
(b) The ground ambulance provider assessment established by this part terminates on June 30, 2025.
Amended by 2024 Tenn. Acts, ch. 633,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 101, s 2, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1052, s 6, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 122, s 1, eff. 4/13/2021.
Amended by 2020 Tenn. Acts, ch. 643, s 3, eff. 4/1/2020.
Amended by 2019 Tenn. Acts, ch. 188, s 2, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018.
Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 71-4-2302 — TN Code / Title 71 / Chapter 4 / Section 71-4-2302
Coverage and reimbursement for medically necessary repairs and annual preventative maintenance
Status: in_force

(a) A policy, certificate, or agreement for health insurance coverage issued under the TennCare program must provide coverage and reimbursement for: (1) Medically necessary repairs provided by authorized complex rehabilitation technology equipment suppliers; and (2) At least one (1) preventative maintenance visit per year provided by authorized complex rehabilitation technology equipment suppliers, including appropriate reimbursement for services rendered during the preventative maintenance, parts, labor, diagnostic and evaluation time, and other related costs. (b) A TennCare program enrollee must be informed of the coverage required under this part at the time of initial enrollment and when a current enrollee renews a policy, certificate, or agreement for health insurance coverage under the TennCare program. (c) A policy, certificate, or agreement for health insurance coverage issued in this state under the TennCare program must: (1) Not require medical documentation or proof of continued need for a repair or preventative maintenance of a complex rehabilitation technology; and (2) Consistent with federal law and regulations, provide coverage for telehealth visits for complex rehabilitation technology. (d) Subdivision (c)(1) does not prohibit a policy issued under the TennCare program from requiring documentation needed for a medical necessity determination to be made in accordance with § 71-5-144 . Added by 2024 Tenn. Acts, ch. 1050,s 2, eff. 7/1/2024.
(a) A policy, certificate, or agreement for health insurance coverage issued under the TennCare program must provide coverage and reimbursement for: (1) Medically necessary repairs provided by authorized complex rehabilitation technology equipment suppliers; and (2) At least one (1) preventative maintenance visit per year provided by authorized complex rehabilitation technology equipment suppliers, including appropriate reimbursement for services rendered during the preventative maintenance, parts, labor, diagnostic and evaluation time, and other related costs.
(1) Medically necessary repairs provided by authorized complex rehabilitation technology equipment suppliers; and
(2) At least one (1) preventative maintenance visit per year provided by authorized complex rehabilitation technology equipment suppliers, including appropriate reimbursement for services rendered during the preventative maintenance, parts, labor, diagnostic and evaluation time, and other related costs.
(b) A TennCare program enrollee must be informed of the coverage required under this part at the time of initial enrollment and when a current enrollee renews a policy, certificate, or agreement for health insurance coverage under the TennCare program.
(c) A policy, certificate, or agreement for health insurance coverage issued in this state under the TennCare program must: (1) Not require medical documentation or proof of continued need for a repair or preventative maintenance of a complex rehabilitation technology; and (2) Consistent with federal law and regulations, provide coverage for telehealth visits for complex rehabilitation technology.
(1) Not require medical documentation or proof of continued need for a repair or preventative maintenance of a complex rehabilitation technology; and
(2) Consistent with federal law and regulations, provide coverage for telehealth visits for complex rehabilitation technology.
(d) Subdivision (c)(1) does not prohibit a policy issued under the TennCare program from requiring documentation needed for a medical necessity determination to be made in accordance with § 71-5-144 .
Added by 2024 Tenn. Acts, ch. 1050,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 71-5-2102 — TN Code / Title 71 / Chapter 5 / Section 71-5-2102
Site and construction
Status: in_force

The site of the asylum shall be selected, and the buildings planned and constructed, solely with a view to promote the health and comfort of the inmates. Code 1858, § 1595 (deriv. Acts 1826 Private, ch. 56, § 2); Shan., § 2679; Code 1932, § 4793; T.C.A. (orig. ed.), §§ 14-802, 14-20-102.
The site of the asylum shall be selected, and the buildings planned and constructed, solely with a view to promote the health and comfort of the inmates.
Code 1858, § 1595 (deriv. Acts 1826 Private, ch. 56, § 2); Shan., § 2679; Code 1932, § 4793; T.C.A. (orig. ed.), §§ 14-802, 14-20-102.
Tenn. Code Ann. § 71-5-2113 — TN Code / Title 71 / Chapter 5 / Section 71-5-2113
Funds for joint institutions
Status: in_force

For the purpose of enabling counties to contribute and participate in such joint enterprises, they are given full power to levy taxes and appropriate county funds. Acts 1929, ch. 135, § 3; mod. Code 1932, § 4797; T.C.A. (orig. ed.), §§ 14-813, 14-20-113.
For the purpose of enabling counties to contribute and participate in such joint enterprises, they are given full power to levy taxes and appropriate county funds.
Acts 1929, ch. 135, § 3; mod. Code 1932, § 4797; T.C.A. (orig. ed.), §§ 14-813, 14-20-113.
Tenn. Code Ann. § 71-5-2506 — TN Code / Title 71 / Chapter 5 / Section 71-5-2506
Fraud and abuse cases
Status: in_force

(a) The office of inspector general shall have the authority to provide legal assistance to the attorney general and reporter and the state district attorneys general for the purpose of initiating and handling proceedings in appropriate TennCare fraud and abuse cases. Such assistance may include but not be limited to, the authority to fund assistant attorney general or assistant district attorney general positions in those respective offices, subject to the appropriations made to the office of inspector general and the agreement of the offices concerned. The office of inspector general shall also have the authority to fund public defender positions, subject to the appropriations made to the office of inspector general and the agreement of the officers concerned. The office of inspector general may, with reasonable notice, terminate the funding of any attorney positions which the inspector general has funded in either of these offices. (b) Venue for civil actions involving fraud and abuse shall be in the county where the offense was committed or in Davidson County. Venue for criminal actions involving fraud and abuse shall be to the full extent permitted by the constitution of the state. Acts 2004, ch. 673, § 20; 2005, ch. 474, § 8.
(a) The office of inspector general shall have the authority to provide legal assistance to the attorney general and reporter and the state district attorneys general for the purpose of initiating and handling proceedings in appropriate TennCare fraud and abuse cases. Such assistance may include but not be limited to, the authority to fund assistant attorney general or assistant district attorney general positions in those respective offices, subject to the appropriations made to the office of inspector general and the agreement of the offices concerned. The office of inspector general shall also have the authority to fund public defender positions, subject to the appropriations made to the office of inspector general and the agreement of the officers concerned. The office of inspector general may, with reasonable notice, terminate the funding of any attorney positions which the inspector general has funded in either of these offices.
(b) Venue for civil actions involving fraud and abuse shall be in the county where the offense was committed or in Davidson County. Venue for criminal actions involving fraud and abuse shall be to the full extent permitted by the constitution of the state.
Acts 2004, ch. 673, § 20; 2005, ch. 474, § 8.
Tenn. Code Ann. § 71-1-105 — TN Code / Title 71 / Chapter 1 / Section 71-1-105
Powers and duties
Status: in_force

(a) The department is charged with the administration or supervision of all of the public welfare activities of the state as provided in this section. The department shall: (1) Administer or supervise all functions of the federal Social Security Act (42 U.S.C.), established or to be established in Tennessee that may be assigned to it by law, regulation or executive order; (2) Cooperate with the federal government or its agencies or instrumentalities, in establishing, extending, strengthening or reforming services to assist persons and families in need of such services from this state; (3) Promote the unified development of the institutional and noninstitutional agencies subject to its jurisdiction, including the determination of all matters of general policy and the control of the administration of each of the institutional or noninstitutional agencies in the department, so that each institutional or noninstitutional agency shall perform its function as an integral part of the general system; (4) Establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department. The use of such records, papers, files and communications by any other agency or department of the government to which they may be furnished shall be limited to the purpose for which they are furnished and by the law by which they may be furnished; (5) (A) License or approve, and supervise, adult day care centers and child care agencies as defined in chapter 2, part 4, and chapter 3, part 5 of this title, and to promulgate any regulations it deems necessary to carry out the licensing laws; (B) Establish criteria for the approval of persons or entities who receive any state or federal funds for the provision of care for adults or children whether those persons or entities are licensed or approved as provided in chapter 2, part 4 or chapter 3, part 5, of this title, or whether they are otherwise unlicensed, and, if determined by the department to be necessary, provide for such criteria in regulations promulgated pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 2; and (C) Utilize any state, federal, local or private funding to provide for any child care or adult day care services or training that it deems necessary to promote the welfare of children and adults or that is required or permitted by state or federal law or regulations, and to provide such services or training directly or by contract with any public or private entities; (6) Promote and employ the use of such measures as are designed to restore persons receiving assistance or services from the department to a condition of self-support in the community and pursue the preventive aspects of its work, including providing, to the extent possible, foster care for adults who are unable to maintain an independent living arrangement, and such other services to those liable to become destitute or handicapped as will prevent their becoming or remaining public charges; (7) Study the causes of economic dependency or rehabilitative service requirements for persons in need of economic support or rehabilitative services in Tennessee and promote efficient methods for assisting persons in need of such support or services; (8) Cooperate with the commissioner of social security, and with any other agency or instrumentality of the federal government in any reasonable manner that may be necessary to qualify for federal aid for assistance to persons who are entitled to assistance under the Social Security Act, except as otherwise provided by subdivision (a)(1), and in conformity with this part, including the making of such reports, in such form and containing such information as the commissioner of social security or any other agency or instrumentality of the federal government may, from time to time, require and comply with such requirements as such commissioner, agency, or instrumentality may, from time to time, find necessary to assure the correctness and verification of such reports; (9) Receive and expend as provided by law any public and private donations, not provided for by § 71-1-113 , and the department may expend a reasonable proportion of any such donation for administrative purposes; (10) Assist and cooperate with other departments, agencies, instrumentalities, and institutions of the state and federal governments, when so requested, in performing services in conformity with the purposes of this part; (11) Act in cooperation with the federal government in welfare matters of mutual concern in conformity with this part and in the administration of any federal funds granted to this state or any state appropriations to aid in the furtherance of any such functions of the state government, including relief and assistance of needy citizens; (12) Make such rules and regulations and take such action as may be deemed necessary or desirable to carry out this part and that are not inconsistent with this part; (13) Administer such additional public welfare functions as are hereby or may be vested in it by law pursuant to this part; (14) Be authorized to license blind persons to operate vending stands in state and county buildings; provided, that, in the opinion of the director of vocational rehabilitation and the custodian of such building or buildings, a suitable place may be found for the location of such stand or stands to be operated in accordance with the Randolph-Sheppard Vending Stand Act of June 20, 1936, chapter 638, 49 Stat. 1559 ( 20 U.S.C. § 107 et seq.), or amendments to that act; (15) Enforce the provisions of Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), relative to child and spousal support and establishment of paternity and to contract with public or private entities to provide any services necessary to carry out such provisions; (16) (A) Conduct investigations, including, but not limited to, investigation into the existence of: (i) Trafficking in, or fraud involving, the food assistance program administered by the department pursuant to chapter 5, part 3 of this title; (ii) Fraud, abuse, theft, misappropriation, or misuse of property, funds, or services by a person or entity in a program administered by the department; and (iii) Misconduct by an employee, contractor, or agent of the department concerning or related to the operation of a department program or laws, regulations, or policies governing the department's operations; and (B) (i) Except as provided in subdivisions (a)(16)(B)(ii) and (iii), records and information obtained pursuant to an investigation conducted pursuant to this subdivision (a)(16), including the identities of witnesses or individuals with information relevant to the investigations, are confidential and not open for inspection by members of the public under title 10, chapter 7; however, operational records of a state agency, including the department, which are not investigative records or not otherwise protected under state or federal law or other legal authority, must remain open for inspection by members of the public; (ii) The records and information to which this subdivision (a)(16)(B) applies cease to be confidential under subdivision (a)(16)(B)(i) upon closure of the investigation by the department and final adjudication of any administrative appeal of an action taken based upon the results of the investigation or the conclusion of all court proceedings in a criminal prosecution related to the investigation as evidenced by an order of the court, including the opportunity for direct appeal having been exhausted, whichever occurs later; (iii) This subdivision (a)(16)(B) does not prevent the department from sharing information or records with the district attorney general or law enforcement personnel for the purpose of cooperating with a law enforcement investigation or with the comptroller of the treasury or the comptroller's designee for the purpose of audit. Information or records that the department shares with the district attorney general or law enforcement remain confidential under subdivision (a)(16)(B)(i), except to the extent that a court orders otherwise, the information or records are used as evidence in a criminal prosecution, or the Tennessee rules of criminal procedure require disclosure. Information or records that the department shares with the comptroller or comptroller's designee for the purpose of audit remain confidential under subdivision (a)(16)(B)(i) and under § 10-7-504(a)(22)(A) as an audit working paper; and (iv) A knowing violation of this subdivision (a)(16)(B) is a Class B misdemeanor; (17) When conducting any investigation pursuant to subdivision (a)(16)(A) or (a)(16)(B): (A) Have the power to issue subpoenas to compel the attendance of witnesses, the examination of witnesses under oath, and the production of books, accounts, papers, records, and documents relating to an investigation; provided, that: (i) The materials to be produced are relevant to the investigation; (ii) The materials to be produced are specified with reasonable particularity; and (iii) The subpoenas command production of the materials covering only a reasonable period of time; (B) Have the power to compel the production of employment records during an investigation. For purposes of this subdivision (a)(17)(B), "employment records" includes records of future, past, or present employees who are applying for or have received a form of public assistance or are members of the household of a person who is applying for or has received a form of public assistance from this state or another state; (C) Have the authority to refer any matter to the appropriate enforcement authority for criminal prosecution; (D) Have the authority to refer any matter to the appropriate enforcement authorities for civil proceedings, including, but not limited to, referral to the attorney general and reporter for civil recovery; (E) Have the authority to cooperate with other state agencies to investigate fraud and abuse in programs administered by the department; (F) Have the authority to furnish information to educate the public about the fraud and abuse laws pertaining to programs administered by the department; and (G) Have the authority to contract with entities as necessary to carry out the required duties of subdivisions (a)(17)(C)-(F). (b) Notwithstanding any state law or regulation to the contrary, the department may provide low-income energy assistance at any percentage of the federal income poverty level that is permitted by federal law. (c) The department is authorized to take actions necessary to support the development of shared services alliances and family child care networks to improve the quality of child care in this state, give child care providers access to innovative child care business resource platforms, and provide a means of cost savings to child care providers through negotiated discounts. The department may contract with one (1) or more entities as necessary to implement this subsection (c). Amended by 2021 Tenn. Acts, ch. 515, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 498, s 4, eff. 5/25/2021. Amended by 2018 Tenn. Acts, ch. 789, s 1, eff. 12/1/2018. Amended by 2013 Tenn. Acts, ch. 402, s 1, eff. 5/14/2013. Acts 1937, ch. 48, § 3; 1937, ch. 299, § 1; 1939, ch. 95, §§ 4-6; impl. am. Acts 1943, ch. 154, § 1; C. Supp. 1950, § 4765.5 (Williams, §§ 371.3, 4765.3); impl. am. Acts 1955, ch. 102, § 1; modified; Acts 1972, ch. 624, § 2; 1973, ch. 337, § 1; impl. am. Acts 1975, ch. 219, § 1 (a), (b); 1975, ch. 279, § 1; modified; T.C.A. (orig. ed.), § 14-105; Acts 1984, ch. 789, § 3; T.C.A., § 14-1-105; Acts 1993, ch. 284, § 1; 1996, ch. 1079, § 153; 1998, ch. 1098, § 64; 2000, ch. 981, §§ 14, 51; 2010 , ch. 626, § 1.
(a) The department is charged with the administration or supervision of all of the public welfare activities of the state as provided in this section. The department shall: (1) Administer or supervise all functions of the federal Social Security Act (42 U.S.C.), established or to be established in Tennessee that may be assigned to it by law, regulation or executive order; (2) Cooperate with the federal government or its agencies or instrumentalities, in establishing, extending, strengthening or reforming services to assist persons and families in need of such services from this state; (3) Promote the unified development of the institutional and noninstitutional agencies subject to its jurisdiction, including the determination of all matters of general policy and the control of the administration of each of the institutional or noninstitutional agencies in the department, so that each institutional or noninstitutional agency shall perform its function as an integral part of the general system; (4) Establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department. The use of such records, papers, files and communications by any other agency or department of the government to which they may be furnished shall be limited to the purpose for which they are furnished and by the law by which they may be furnished; (5) (A) License or approve, and supervise, adult day care centers and child care agencies as defined in chapter 2, part 4, and chapter 3, part 5 of this title, and to promulgate any regulations it deems necessary to carry out the licensing laws; (B) Establish criteria for the approval of persons or entities who receive any state or federal funds for the provision of care for adults or children whether those persons or entities are licensed or approved as provided in chapter 2, part 4 or chapter 3, part 5, of this title, or whether they are otherwise unlicensed, and, if determined by the department to be necessary, provide for such criteria in regulations promulgated pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 2; and (C) Utilize any state, federal, local or private funding to provide for any child care or adult day care services or training that it deems necessary to promote the welfare of children and adults or that is required or permitted by state or federal law or regulations, and to provide such services or training directly or by contract with any public or private entities; (6) Promote and employ the use of such measures as are designed to restore persons receiving assistance or services from the department to a condition of self-support in the community and pursue the preventive aspects of its work, including providing, to the extent possible, foster care for adults who are unable to maintain an independent living arrangement, and such other services to those liable to become destitute or handicapped as will prevent their becoming or remaining public charges; (7) Study the causes of economic dependency or rehabilitative service requirements for persons in need of economic support or rehabilitative services in Tennessee and promote efficient methods for assisting persons in need of such support or services; (8) Cooperate with the commissioner of social security, and with any other agency or instrumentality of the federal government in any reasonable manner that may be necessary to qualify for federal aid for assistance to persons who are entitled to assistance under the Social Security Act, except as otherwise provided by subdivision (a)(1), and in conformity with this part, including the making of such reports, in such form and containing such information as the commissioner of social security or any other agency or instrumentality of the federal government may, from time to time, require and comply with such requirements as such commissioner, agency, or instrumentality may, from time to time, find necessary to assure the correctness and verification of such reports; (9) Receive and expend as provided by law any public and private donations, not provided for by § 71-1-113 , and the department may expend a reasonable proportion of any such donation for administrative purposes; (10) Assist and cooperate with other departments, agencies, instrumentalities, and institutions of the state and federal governments, when so requested, in performing services in conformity with the purposes of this part; (11) Act in cooperation with the federal government in welfare matters of mutual concern in conformity with this part and in the administration of any federal funds granted to this state or any state appropriations to aid in the furtherance of any such functions of the state government, including relief and assistance of needy citizens; (12) Make such rules and regulations and take such action as may be deemed necessary or desirable to carry out this part and that are not inconsistent with this part; (13) Administer such additional public welfare functions as are hereby or may be vested in it by law pursuant to this part; (14) Be authorized to license blind persons to operate vending stands in state and county buildings; provided, that, in the opinion of the director of vocational rehabilitation and the custodian of such building or buildings, a suitable place may be found for the location of such stand or stands to be operated in accordance with the Randolph-Sheppard Vending Stand Act of June 20, 1936, chapter 638, 49 Stat. 1559 ( 20 U.S.C. § 107 et seq.), or amendments to that act; (15) Enforce the provisions of Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), relative to child and spousal support and establishment of paternity and to contract with public or private entities to provide any services necessary to carry out such provisions; (16) (A) Conduct investigations, including, but not limited to, investigation into the existence of: (i) Trafficking in, or fraud involving, the food assistance program administered by the department pursuant to chapter 5, part 3 of this title; (ii) Fraud, abuse, theft, misappropriation, or misuse of property, funds, or services by a person or entity in a program administered by the department; and (iii) Misconduct by an employee, contractor, or agent of the department concerning or related to the operation of a department program or laws, regulations, or policies governing the department's operations; and (B) (i) Except as provided in subdivisions (a)(16)(B)(ii) and (iii), records and information obtained pursuant to an investigation conducted pursuant to this subdivision (a)(16), including the identities of witnesses or individuals with information relevant to the investigations, are confidential and not open for inspection by members of the public under title 10, chapter 7; however, operational records of a state agency, including the department, which are not investigative records or not otherwise protected under state or federal law or other legal authority, must remain open for inspection by members of the public; (ii) The records and information to which this subdivision (a)(16)(B) applies cease to be confidential under subdivision (a)(16)(B)(i) upon closure of the investigation by the department and final adjudication of any administrative appeal of an action taken based upon the results of the investigation or the conclusion of all court proceedings in a criminal prosecution related to the investigation as evidenced by an order of the court, including the opportunity for direct appeal having been exhausted, whichever occurs later; (iii) This subdivision (a)(16)(B) does not prevent the department from sharing information or records with the district attorney general or law enforcement personnel for the purpose of cooperating with a law enforcement investigation or with the comptroller of the treasury or the comptroller's designee for the purpose of audit. Information or records that the department shares with the district attorney general or law enforcement remain confidential under subdivision (a)(16)(B)(i), except to the extent that a court orders otherwise, the information or records are used as evidence in a criminal prosecution, or the Tennessee rules of criminal procedure require disclosure. Information or records that the department shares with the comptroller or comptroller's designee for the purpose of audit remain confidential under subdivision (a)(16)(B)(i) and under § 10-7-504(a)(22)(A) as an audit working paper; and (iv) A knowing violation of this subdivision (a)(16)(B) is a Class B misdemeanor; (17) When conducting any investigation pursuant to subdivision (a)(16)(A) or (a)(16)(B): (A) Have the power to issue subpoenas to compel the attendance of witnesses, the examination of witnesses under oath, and the production of books, accounts, papers, records, and documents relating to an investigation; provided, that: (i) The materials to be produced are relevant to the investigation; (ii) The materials to be produced are specified with reasonable particularity; and (iii) The subpoenas command production of the materials covering only a reasonable period of time; (B) Have the power to compel the production of employment records during an investigation. For purposes of this subdivision (a)(17)(B), "employment records" includes records of future, past, or present employees who are applying for or have received a form of public assistance or are members of the household of a person who is applying for or has received a form of public assistance from this state or another state; (C) Have the authority to refer any matter to the appropriate enforcement authority for criminal prosecution; (D) Have the authority to refer any matter to the appropriate enforcement authorities for civil proceedings, including, but not limited to, referral to the attorney general and reporter for civil recovery; (E) Have the authority to cooperate with other state agencies to investigate fraud and abuse in programs administered by the department; (F) Have the authority to furnish information to educate the public about the fraud and abuse laws pertaining to programs administered by the department; and (G) Have the authority to contract with entities as necessary to carry out the required duties of subdivisions (a)(17)(C)-(F).
(1) Administer or supervise all functions of the federal Social Security Act (42 U.S.C.), established or to be established in Tennessee that may be assigned to it by law, regulation or executive order;
(2) Cooperate with the federal government or its agencies or instrumentalities, in establishing, extending, strengthening or reforming services to assist persons and families in need of such services from this state;
(3) Promote the unified development of the institutional and noninstitutional agencies subject to its jurisdiction, including the determination of all matters of general policy and the control of the administration of each of the institutional or noninstitutional agencies in the department, so that each institutional or noninstitutional agency shall perform its function as an integral part of the general system;
(4) Establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department. The use of such records, papers, files and communications by any other agency or department of the government to which they may be furnished shall be limited to the purpose for which they are furnished and by the law by which they may be furnished;
(5) (A) License or approve, and supervise, adult day care centers and child care agencies as defined in chapter 2, part 4, and chapter 3, part 5 of this title, and to promulgate any regulations it deems necessary to carry out the licensing laws; (B) Establish criteria for the approval of persons or entities who receive any state or federal funds for the provision of care for adults or children whether those persons or entities are licensed or approved as provided in chapter 2, part 4 or chapter 3, part 5, of this title, or whether they are otherwise unlicensed, and, if determined by the department to be necessary, provide for such criteria in regulations promulgated pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 2; and (C) Utilize any state, federal, local or private funding to provide for any child care or adult day care services or training that it deems necessary to promote the welfare of children and adults or that is required or permitted by state or federal law or regulations, and to provide such services or training directly or by contract with any public or private entities;
(A) License or approve, and supervise, adult day care centers and child care agencies as defined in chapter 2, part 4, and chapter 3, part 5 of this title, and to promulgate any regulations it deems necessary to carry out the licensing laws;
(B) Establish criteria for the approval of persons or entities who receive any state or federal funds for the provision of care for adults or children whether those persons or entities are licensed or approved as provided in chapter 2, part 4 or chapter 3, part 5, of this title, or whether they are otherwise unlicensed, and, if determined by the department to be necessary, provide for such criteria in regulations promulgated pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 2; and
(C) Utilize any state, federal, local or private funding to provide for any child care or adult day care services or training that it deems necessary to promote the welfare of children and adults or that is required or permitted by state or federal law or regulations, and to provide such services or training directly or by contract with any public or private entities;
(6) Promote and employ the use of such measures as are designed to restore persons receiving assistance or services from the department to a condition of self-support in the community and pursue the preventive aspects of its work, including providing, to the extent possible, foster care for adults who are unable to maintain an independent living arrangement, and such other services to those liable to become destitute or handicapped as will prevent their becoming or remaining public charges;
(7) Study the causes of economic dependency or rehabilitative service requirements for persons in need of economic support or rehabilitative services in Tennessee and promote efficient methods for assisting persons in need of such support or services;
(8) Cooperate with the commissioner of social security, and with any other agency or instrumentality of the federal government in any reasonable manner that may be necessary to qualify for federal aid for assistance to persons who are entitled to assistance under the Social Security Act, except as otherwise provided by subdivision (a)(1), and in conformity with this part, including the making of such reports, in such form and containing such information as the commissioner of social security or any other agency or instrumentality of the federal government may, from time to time, require and comply with such requirements as such commissioner, agency, or instrumentality may, from time to time, find necessary to assure the correctness and verification of such reports;
(9) Receive and expend as provided by law any public and private donations, not provided for by § 71-1-113 , and the department may expend a reasonable proportion of any such donation for administrative purposes;
(10) Assist and cooperate with other departments, agencies, instrumentalities, and institutions of the state and federal governments, when so requested, in performing services in conformity with the purposes of this part;
(11) Act in cooperation with the federal government in welfare matters of mutual concern in conformity with this part and in the administration of any federal funds granted to this state or any state appropriations to aid in the furtherance of any such functions of the state government, including relief and assistance of needy citizens;
(12) Make such rules and regulations and take such action as may be deemed necessary or desirable to carry out this part and that are not inconsistent with this part;
(13) Administer such additional public welfare functions as are hereby or may be vested in it by law pursuant to this part;
(14) Be authorized to license blind persons to operate vending stands in state and county buildings; provided, that, in the opinion of the director of vocational rehabilitation and the custodian of such building or buildings, a suitable place may be found for the location of such stand or stands to be operated in accordance with the Randolph-Sheppard Vending Stand Act of June 20, 1936, chapter 638, 49 Stat. 1559 ( 20 U.S.C. § 107 et seq.), or amendments to that act;
(15) Enforce the provisions of Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), relative to child and spousal support and establishment of paternity and to contract with public or private entities to provide any services necessary to carry out such provisions;
(16) (A) Conduct investigations, including, but not limited to, investigation into the existence of: (i) Trafficking in, or fraud involving, the food assistance program administered by the department pursuant to chapter 5, part 3 of this title; (ii) Fraud, abuse, theft, misappropriation, or misuse of property, funds, or services by a person or entity in a program administered by the department; and (iii) Misconduct by an employee, contractor, or agent of the department concerning or related to the operation of a department program or laws, regulations, or policies governing the department's operations; and (B) (i) Except as provided in subdivisions (a)(16)(B)(ii) and (iii), records and information obtained pursuant to an investigation conducted pursuant to this subdivision (a)(16), including the identities of witnesses or individuals with information relevant to the investigations, are confidential and not open for inspection by members of the public under title 10, chapter 7; however, operational records of a state agency, including the department, which are not investigative records or not otherwise protected under state or federal law or other legal authority, must remain open for inspection by members of the public; (ii) The records and information to which this subdivision (a)(16)(B) applies cease to be confidential under subdivision (a)(16)(B)(i) upon closure of the investigation by the department and final adjudication of any administrative appeal of an action taken based upon the results of the investigation or the conclusion of all court proceedings in a criminal prosecution related to the investigation as evidenced by an order of the court, including the opportunity for direct appeal having been exhausted, whichever occurs later; (iii) This subdivision (a)(16)(B) does not prevent the department from sharing information or records with the district attorney general or law enforcement personnel for the purpose of cooperating with a law enforcement investigation or with the comptroller of the treasury or the comptroller's designee for the purpose of audit. Information or records that the department shares with the district attorney general or law enforcement remain confidential under subdivision (a)(16)(B)(i), except to the extent that a court orders otherwise, the information or records are used as evidence in a criminal prosecution, or the Tennessee rules of criminal procedure require disclosure. Information or records that the department shares with the comptroller or comptroller's designee for the purpose of audit remain confidential under subdivision (a)(16)(B)(i) and under § 10-7-504(a)(22)(A) as an audit working paper; and (iv) A knowing violation of this subdivision (a)(16)(B) is a Class B misdemeanor;
(A) Conduct investigations, including, but not limited to, investigation into the existence of: (i) Trafficking in, or fraud involving, the food assistance program administered by the department pursuant to chapter 5, part 3 of this title; (ii) Fraud, abuse, theft, misappropriation, or misuse of property, funds, or services by a person or entity in a program administered by the department; and (iii) Misconduct by an employee, contractor, or agent of the department concerning or related to the operation of a department program or laws, regulations, or policies governing the department's operations; and
(i) Trafficking in, or fraud involving, the food assistance program administered by the department pursuant to chapter 5, part 3 of this title;
(ii) Fraud, abuse, theft, misappropriation, or misuse of property, funds, or services by a person or entity in a program administered by the department; and
(iii) Misconduct by an employee, contractor, or agent of the department concerning or related to the operation of a department program or laws, regulations, or policies governing the department's operations; and
(B) (i) Except as provided in subdivisions (a)(16)(B)(ii) and (iii), records and information obtained pursuant to an investigation conducted pursuant to this subdivision (a)(16), including the identities of witnesses or individuals with information relevant to the investigations, are confidential and not open for inspection by members of the public under title 10, chapter 7; however, operational records of a state agency, including the department, which are not investigative records or not otherwise protected under state or federal law or other legal authority, must remain open for inspection by members of the public; (ii) The records and information to which this subdivision (a)(16)(B) applies cease to be confidential under subdivision (a)(16)(B)(i) upon closure of the investigation by the department and final adjudication of any administrative appeal of an action taken based upon the results of the investigation or the conclusion of all court proceedings in a criminal prosecution related to the investigation as evidenced by an order of the court, including the opportunity for direct appeal having been exhausted, whichever occurs later; (iii) This subdivision (a)(16)(B) does not prevent the department from sharing information or records with the district attorney general or law enforcement personnel for the purpose of cooperating with a law enforcement investigation or with the comptroller of the treasury or the comptroller's designee for the purpose of audit. Information or records that the department shares with the district attorney general or law enforcement remain confidential under subdivision (a)(16)(B)(i), except to the extent that a court orders otherwise, the information or records are used as evidence in a criminal prosecution, or the Tennessee rules of criminal procedure require disclosure. Information or records that the department shares with the comptroller or comptroller's designee for the purpose of audit remain confidential under subdivision (a)(16)(B)(i) and under § 10-7-504(a)(22)(A) as an audit working paper; and (iv) A knowing violation of this subdivision (a)(16)(B) is a Class B misdemeanor;
(i) Except as provided in subdivisions (a)(16)(B)(ii) and (iii), records and information obtained pursuant to an investigation conducted pursuant to this subdivision (a)(16), including the identities of witnesses or individuals with information relevant to the investigations, are confidential and not open for inspection by members of the public under title 10, chapter 7; however, operational records of a state agency, including the department, which are not investigative records or not otherwise protected under state or federal law or other legal authority, must remain open for inspection by members of the public;
(ii) The records and information to which this subdivision (a)(16)(B) applies cease to be confidential under subdivision (a)(16)(B)(i) upon closure of the investigation by the department and final adjudication of any administrative appeal of an action taken based upon the results of the investigation or the conclusion of all court proceedings in a criminal prosecution related to the investigation as evidenced by an order of the court, including the opportunity for direct appeal having been exhausted, whichever occurs later;
(iii) This subdivision (a)(16)(B) does not prevent the department from sharing information or records with the district attorney general or law enforcement personnel for the purpose of cooperating with a law enforcement investigation or with the comptroller of the treasury or the comptroller's designee for the purpose of audit. Information or records that the department shares with the district attorney general or law enforcement remain confidential under subdivision (a)(16)(B)(i), except to the extent that a court orders otherwise, the information or records are used as evidence in a criminal prosecution, or the Tennessee rules of criminal procedure require disclosure. Information or records that the department shares with the comptroller or comptroller's designee for the purpose of audit remain confidential under subdivision (a)(16)(B)(i) and under § 10-7-504(a)(22)(A) as an audit working paper; and
(iv) A knowing violation of this subdivision (a)(16)(B) is a Class B misdemeanor;
(17) When conducting any investigation pursuant to subdivision (a)(16)(A) or (a)(16)(B): (A) Have the power to issue subpoenas to compel the attendance of witnesses, the examination of witnesses under oath, and the production of books, accounts, papers, records, and documents relating to an investigation; provided, that: (i) The materials to be produced are relevant to the investigation; (ii) The materials to be produced are specified with reasonable particularity; and (iii) The subpoenas command production of the materials covering only a reasonable period of time; (B) Have the power to compel the production of employment records during an investigation. For purposes of this subdivision (a)(17)(B), "employment records" includes records of future, past, or present employees who are applying for or have received a form of public assistance or are members of the household of a person who is applying for or has received a form of public assistance from this state or another state; (C) Have the authority to refer any matter to the appropriate enforcement authority for criminal prosecution; (D) Have the authority to refer any matter to the appropriate enforcement authorities for civil proceedings, including, but not limited to, referral to the attorney general and reporter for civil recovery; (E) Have the authority to cooperate with other state agencies to investigate fraud and abuse in programs administered by the department; (F) Have the authority to furnish information to educate the public about the fraud and abuse laws pertaining to programs administered by the department; and (G) Have the authority to contract with entities as necessary to carry out the required duties of subdivisions (a)(17)(C)-(F).
(A) Have the power to issue subpoenas to compel the attendance of witnesses, the examination of witnesses under oath, and the production of books, accounts, papers, records, and documents relating to an investigation; provided, that: (i) The materials to be produced are relevant to the investigation; (ii) The materials to be produced are specified with reasonable particularity; and (iii) The subpoenas command production of the materials covering only a reasonable period of time;
(i) The materials to be produced are relevant to the investigation;
(ii) The materials to be produced are specified with reasonable particularity; and
(iii) The subpoenas command production of the materials covering only a reasonable period of time;
(B) Have the power to compel the production of employment records during an investigation. For purposes of this subdivision (a)(17)(B), "employment records" includes records of future, past, or present employees who are applying for or have received a form of public assistance or are members of the household of a person who is applying for or has received a form of public assistance from this state or another state;
(C) Have the authority to refer any matter to the appropriate enforcement authority for criminal prosecution;
(D) Have the authority to refer any matter to the appropriate enforcement authorities for civil proceedings, including, but not limited to, referral to the attorney general and reporter for civil recovery;
(E) Have the authority to cooperate with other state agencies to investigate fraud and abuse in programs administered by the department;
(F) Have the authority to furnish information to educate the public about the fraud and abuse laws pertaining to programs administered by the department; and
(G) Have the authority to contract with entities as necessary to carry out the required duties of subdivisions (a)(17)(C)-(F).
(b) Notwithstanding any state law or regulation to the contrary, the department may provide low-income energy assistance at any percentage of the federal income poverty level that is permitted by federal law.
(c) The department is authorized to take actions necessary to support the development of shared services alliances and family child care networks to improve the quality of child care in this state, give child care providers access to innovative child care business resource platforms, and provide a means of cost savings to child care providers through negotiated discounts. The department may contract with one (1) or more entities as necessary to implement this subsection (c).
Amended by 2021 Tenn. Acts, ch. 515, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 498, s 4, eff. 5/25/2021.
Amended by 2018 Tenn. Acts, ch. 789, s 1, eff. 12/1/2018.
Amended by 2013 Tenn. Acts, ch. 402, s 1, eff. 5/14/2013.
Acts 1937, ch. 48, § 3; 1937, ch. 299, § 1; 1939, ch. 95, §§ 4-6; impl. am. Acts 1943, ch. 154, § 1; C. Supp. 1950, § 4765.5 (Williams, §§ 371.3, 4765.3); impl. am. Acts 1955, ch. 102, § 1; modified; Acts 1972, ch. 624, § 2; 1973, ch. 337, § 1; impl. am. Acts 1975, ch. 219, § 1 (a), (b); 1975, ch. 279, § 1; modified; T.C.A. (orig. ed.), § 14-105; Acts 1984, ch. 789, § 3; T.C.A., § 14-1-105; Acts 1993, ch. 284, § 1; 1996, ch. 1079, § 153; 1998, ch. 1098, § 64; 2000, ch. 981, §§ 14, 51; 2010 , ch. 626, § 1.
Tenn. Code Ann. § 71-5-195 — TN Code / Title 71 / Chapter 5 / Section 71-5-195
Study on use of prescription drugs in nursing homes
Status: in_force

The comptroller of the treasury, in conjunction with any appropriate TennCare drug utilization review committees, shall study the use of prescription drugs in nursing homes and the costs of those prescription drugs for residents of nursing homes. The study shall examine prescription use overall, and shall focus on any practices that would improve the quality of resident care while reducing costs to the TennCare program. By January 1, 2005, the comptroller of the treasury shall deliver its report to the speakers of the respective houses of the general assembly. Acts 2003, ch. 169, § 8.
The comptroller of the treasury, in conjunction with any appropriate TennCare drug utilization review committees, shall study the use of prescription drugs in nursing homes and the costs of those prescription drugs for residents of nursing homes. The study shall examine prescription use overall, and shall focus on any practices that would improve the quality of resident care while reducing costs to the TennCare program. By January 1, 2005, the comptroller of the treasury shall deliver its report to the speakers of the respective houses of the general assembly.
Acts 2003, ch. 169, § 8.
Tenn. Code Ann. § 71-5-1510 — TN Code / Title 71 / Chapter 5 / Section 71-5-1510
Promulgation of rules
Status: in_force

The bureau is authorized to promulgate rules to effectuate the purposes of this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2018 Tenn. Acts, ch. 874,s 1, eff. 7/1/2018. Added by 2017 Tenn. Acts, ch. 258,s 1, eff. 7/1/2017.
The bureau is authorized to promulgate rules to effectuate the purposes of this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2018 Tenn. Acts, ch. 874,s 1, eff. 7/1/2018.
Added by 2017 Tenn. Acts, ch. 258,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 71-4-508 — TN Code / Title 71 / Chapter 4 / Section 71-4-508
Administrative review or evidentiary hearing
Status: in_force

(a) The department has exclusive jurisdiction to provide an opportunity for an administrative review or evidentiary hearing to a blind individual under this part who is dissatisfied with any action arising from the operation or administration of the vending facility program. (b) The aggrieved blind individual licensed by the department shall submit a written request to the director of services for the blind for an administrative review or a full evidentiary hearing pursuant to the rules and regulations promulgated by the department, which shall be provided by the department to the blind individual. If the blind individual is dissatisfied with any action taken or decision rendered as a result of such hearing, that individual may file a complaint with the United States secretary of education for an arbitration hearing as provided by federal law and regulations. (c) Nothing in this part shall be construed as a waiver of the state's sovereign immunity under the Eleventh Amendment of the Constitution of the United States or under the Constitution of Tennessee. Acts 1994, ch. 723, § 2.
(a) The department has exclusive jurisdiction to provide an opportunity for an administrative review or evidentiary hearing to a blind individual under this part who is dissatisfied with any action arising from the operation or administration of the vending facility program.
(b) The aggrieved blind individual licensed by the department shall submit a written request to the director of services for the blind for an administrative review or a full evidentiary hearing pursuant to the rules and regulations promulgated by the department, which shall be provided by the department to the blind individual. If the blind individual is dissatisfied with any action taken or decision rendered as a result of such hearing, that individual may file a complaint with the United States secretary of education for an arbitration hearing as provided by federal law and regulations.
(c) Nothing in this part shall be construed as a waiver of the state's sovereign immunity under the Eleventh Amendment of the Constitution of the United States or under the Constitution of Tennessee.
Acts 1994, ch. 723, § 2.
Tenn. Code Ann. § 71-3-1005 — TN Code / Title 71 / Chapter 3 / Section 71-3-1005
Eligibility of demonstration project participants
Status: in_force

To be eligible, demonstration project participants must be a member of a group that meets twice a month to make contributions into their individual development accounts (IDAs) and receive support, training and technical assistance to ensure they secure and maintain employment while building their IDA, and must notify the department of human services in advance of establishing such an account. Acts 1996, ch. 989, § 5.
To be eligible, demonstration project participants must be a member of a group that meets twice a month to make contributions into their individual development accounts (IDAs) and receive support, training and technical assistance to ensure they secure and maintain employment while building their IDA, and must notify the department of human services in advance of establishing such an account.
Acts 1996, ch. 989, § 5.
Tenn. Code Ann. § 71-5-1402 — TN Code / Title 71 / Chapter 5 / Section 71-5-1402
Objectives of long-term care system
Status: in_force

(a) The long-term care system shall recognize that aging is not a disease, but rather a natural process that often includes increasing needs for assistance with daily living activities. To the maximum extent possible and appropriate, the system shall be based on a model of care delivery that acknowledges that services delivered in home and community-based settings are not primarily medical in nature, but rather support services that will provide needed assistance with activities of daily living and that will allow persons to age in place in their homes and communities. (b) The long-term care system shall also recognize that persons who are elderly or who have physical disabilities, or both, are more likely to have chronic health care conditions and to need preventive, acute and chronic health care services in order to promote healthy living and improve quality of life. The system shall be designed to focus on the needs of the whole person, with coordination of care across the continuum to ensure that medical, behavioral and non-medical long-term care support needs are met. (c) The long-term care system shall promote independence, choice, dignity and quality of life for elderly or people with physical disabilities, or both, who need long-term care supports and services and shall include consumer-directed options that offer more choices regarding the kinds of long-term care services people need, where they are provided and who will deliver them, with appropriate mechanisms to ensure accountability for taxpayer funds. (d) The long-term care system shall be designed to reduce fragmentation and to offer a seamless approach to meeting people's needs, including one-stop shopping for information, counseling and assistance regarding long-term care programs in order to support informed decision making, simplified eligibility processes and one-stop shopping for all of the different kinds of services a person may need. (e) The long-term care system shall recognize and value the critical role of the family and other caregivers in meeting the needs of the elderly and people with physical disabilities and shall offer services such as caregiver training, adult daycare and respite that wrap around the natural support network in order to keep it in place, thereby delaying or preventing the need for more expensive institutional care. (f) The long-term care system shall deliver needed supports and services in the most integrated setting appropriate and cost-effective way possible in order to utilize available funding to serve as many people as possible in home and community settings. (g) (1) The long-term care system shall utilize a global budget for all long-term care services for persons who are elderly or who have physical disabilities that allows funding to follow the person into the most appropriate and cost-effective long-term care setting of their choice, resulting in a more equitable balance between the proportion of medicaid long-term care expenditures for institutional, i.e., nursing facility, services and expenditures for home and community-based services and supports. (2) The bureau of TennCare shall report to the general assembly and shall make available to interested persons a separate accounting of long-term care expenditures for: (A) Nursing facility services; (B) Home and community-based services made under the CHOICES long-term healthcare program; and (C) Employment and Community First CHOICES services, under a waiver amendment to the TennCare II demonstration. (3) The accounting shall, under subdivision (g)(2), include prior fiscal year actual expenditures and projected current fiscal year expenditures no later than February 1 of each year. Projected upcoming fiscal year expenditures and the percentage of nursing facility services and home and community-based services relative to total expenditures for the CHOICES long-term healthcare program shall be provided by June 30 of each year. (h) The long-term care system shall offer a continuum of long-term care services that includes an expanded array of home and community-based options, including community-based residential alternatives to institutional care for persons who can no longer live alone, and that also includes nursing facility services as an integral part of the long-term care continuum for persons with the highest levels of need. (i) The long-term care system shall include a comprehensive quality approach across the entire continuum of long-term care services and settings that promotes continuous quality improvement and that focuses on customer perceptions of quality, with mechanisms to ensure ongoing feedback from persons receiving care and their families in order to immediately identify and resolve issues and to improve the overall quality of services and the system. Amended by 2016 Tenn. Acts, ch. 1079, s 3, eff. 7/1/2016. Acts 2008 , ch. 1190, § 3; 2012 , ch. 971, § 1.
(a) The long-term care system shall recognize that aging is not a disease, but rather a natural process that often includes increasing needs for assistance with daily living activities. To the maximum extent possible and appropriate, the system shall be based on a model of care delivery that acknowledges that services delivered in home and community-based settings are not primarily medical in nature, but rather support services that will provide needed assistance with activities of daily living and that will allow persons to age in place in their homes and communities.
(b) The long-term care system shall also recognize that persons who are elderly or who have physical disabilities, or both, are more likely to have chronic health care conditions and to need preventive, acute and chronic health care services in order to promote healthy living and improve quality of life. The system shall be designed to focus on the needs of the whole person, with coordination of care across the continuum to ensure that medical, behavioral and non-medical long-term care support needs are met.
(c) The long-term care system shall promote independence, choice, dignity and quality of life for elderly or people with physical disabilities, or both, who need long-term care supports and services and shall include consumer-directed options that offer more choices regarding the kinds of long-term care services people need, where they are provided and who will deliver them, with appropriate mechanisms to ensure accountability for taxpayer funds.
(d) The long-term care system shall be designed to reduce fragmentation and to offer a seamless approach to meeting people's needs, including one-stop shopping for information, counseling and assistance regarding long-term care programs in order to support informed decision making, simplified eligibility processes and one-stop shopping for all of the different kinds of services a person may need.
(e) The long-term care system shall recognize and value the critical role of the family and other caregivers in meeting the needs of the elderly and people with physical disabilities and shall offer services such as caregiver training, adult daycare and respite that wrap around the natural support network in order to keep it in place, thereby delaying or preventing the need for more expensive institutional care.
(f) The long-term care system shall deliver needed supports and services in the most integrated setting appropriate and cost-effective way possible in order to utilize available funding to serve as many people as possible in home and community settings.
(g) (1) The long-term care system shall utilize a global budget for all long-term care services for persons who are elderly or who have physical disabilities that allows funding to follow the person into the most appropriate and cost-effective long-term care setting of their choice, resulting in a more equitable balance between the proportion of medicaid long-term care expenditures for institutional, i.e., nursing facility, services and expenditures for home and community-based services and supports. (2) The bureau of TennCare shall report to the general assembly and shall make available to interested persons a separate accounting of long-term care expenditures for: (A) Nursing facility services; (B) Home and community-based services made under the CHOICES long-term healthcare program; and (C) Employment and Community First CHOICES services, under a waiver amendment to the TennCare II demonstration. (3) The accounting shall, under subdivision (g)(2), include prior fiscal year actual expenditures and projected current fiscal year expenditures no later than February 1 of each year. Projected upcoming fiscal year expenditures and the percentage of nursing facility services and home and community-based services relative to total expenditures for the CHOICES long-term healthcare program shall be provided by June 30 of each year.
(1) The long-term care system shall utilize a global budget for all long-term care services for persons who are elderly or who have physical disabilities that allows funding to follow the person into the most appropriate and cost-effective long-term care setting of their choice, resulting in a more equitable balance between the proportion of medicaid long-term care expenditures for institutional, i.e., nursing facility, services and expenditures for home and community-based services and supports.
(2) The bureau of TennCare shall report to the general assembly and shall make available to interested persons a separate accounting of long-term care expenditures for: (A) Nursing facility services; (B) Home and community-based services made under the CHOICES long-term healthcare program; and (C) Employment and Community First CHOICES services, under a waiver amendment to the TennCare II demonstration.
(A) Nursing facility services;
(B) Home and community-based services made under the CHOICES long-term healthcare program; and
(C) Employment and Community First CHOICES services, under a waiver amendment to the TennCare II demonstration.
(3) The accounting shall, under subdivision (g)(2), include prior fiscal year actual expenditures and projected current fiscal year expenditures no later than February 1 of each year. Projected upcoming fiscal year expenditures and the percentage of nursing facility services and home and community-based services relative to total expenditures for the CHOICES long-term healthcare program shall be provided by June 30 of each year.
(h) The long-term care system shall offer a continuum of long-term care services that includes an expanded array of home and community-based options, including community-based residential alternatives to institutional care for persons who can no longer live alone, and that also includes nursing facility services as an integral part of the long-term care continuum for persons with the highest levels of need.
(i) The long-term care system shall include a comprehensive quality approach across the entire continuum of long-term care services and settings that promotes continuous quality improvement and that focuses on customer perceptions of quality, with mechanisms to ensure ongoing feedback from persons receiving care and their families in order to immediately identify and resolve issues and to improve the overall quality of services and the system.
Amended by 2016 Tenn. Acts, ch. 1079, s 3, eff. 7/1/2016.
Acts 2008 , ch. 1190, § 3; 2012 , ch. 971, § 1.
Tenn. Code Ann. § 71-2-407 — TN Code / Title 71 / Chapter 2 / Section 71-2-407
Restricted licenses
Status: in_force

(a) In determining whether to deny, revoke or suspend a license, or in granting any license, the department may choose to deny, revoke or suspend or grant only certain authority of the licensee to operate and may permit the licensee to continue operation, but may restrict or modify the licensee's authority to provide certain services or perform certain functions, including, but not limited to: transportation or food service, enrollment of adult participants at the center, the center's hours of operation, the center's use of certain parts of the center's physical facilities or any other function of the adult day care center that the department determines should be restricted or modified to protect the health, safety or welfare of the adult participants. The actions authorized by this subdivision (a) may be appealed as otherwise provided in this part for any denial or revocation. (b) At any hearing on a denial, revocation or suspension, the administrative law judge or hearing officer may, as part of the decision regarding the status of the applicant's or licensee's license, direct that the adult day care center be allowed to operate on a probationary or conditional status, or may allow the license to remain in effect with any restrictions or conditions on the center's authority to provide care. Acts 1996, ch. 1058, § 8; 2000, ch. 981, § 71.
(a) In determining whether to deny, revoke or suspend a license, or in granting any license, the department may choose to deny, revoke or suspend or grant only certain authority of the licensee to operate and may permit the licensee to continue operation, but may restrict or modify the licensee's authority to provide certain services or perform certain functions, including, but not limited to: transportation or food service, enrollment of adult participants at the center, the center's hours of operation, the center's use of certain parts of the center's physical facilities or any other function of the adult day care center that the department determines should be restricted or modified to protect the health, safety or welfare of the adult participants. The actions authorized by this subdivision (a) may be appealed as otherwise provided in this part for any denial or revocation.
(b) At any hearing on a denial, revocation or suspension, the administrative law judge or hearing officer may, as part of the decision regarding the status of the applicant's or licensee's license, direct that the adult day care center be allowed to operate on a probationary or conditional status, or may allow the license to remain in effect with any restrictions or conditions on the center's authority to provide care.
Acts 1996, ch. 1058, § 8; 2000, ch. 981, § 71.
Tenn. Code Ann. § 71-2-405 — TN Code / Title 71 / Chapter 2 / Section 71-2-405
Licensing procedures - Fees - Biennial licenses - Transfers of licenses
Status: in_force

(a) (1) An application for a license shall be submitted to the department in such manner as the department may require. (2) An application for a license shall be accompanied by the appropriate fee for the license and shall be received by the department not less than thirty (30) days prior to the expiration date of the existing license. Failure to timely submit a renewal application for a license shall result in expiration of the existing license. (3) Each application submitted to the department for a new license or for the renewal of a license shall be accompanied by the fee required for the license. (4) The commissioner may approve applications for renewal of a license as a biennial or triennial licensee if the commissioner determines that the applicant's methods of care and history of compliance clearly demonstrate that a biennial or triennial license is warranted. (5) The fees for adult day care centers shall be: (A) (i) Centers caring for less than twenty (20) participants: Annual Fee....................$ 125 Biennial Fee ....................$ 175 Triennial Fee ....................$ 200 (ii) Centers caring for twenty (20) to one hundred (100) participants: Annual Fee....................$ 200 Biennial Fee ....................$ 250 Triennial Fee ....................$ 300 (iii) Centers caring for more than one hundred (100) participants: Annual Fee....................$ 400 Biennial Fee ....................$ 450 Triennial Fee ....................$ 500 (B) The fees shall be earmarked and dedicated to the department for the improvement of the quality of adult services in this state. (C) If the department issues a temporary license after the application fee is paid, no further fee shall be required until the adult day care center applies again for an annual license or for renewal of the regular annual, biennial or triennial license. (D) Any adult day care center that is operated by a public, nonprofit agency or local municipality operating under a grant from the department and that pays an administrative fee as part of the monitoring requirements of such grant shall be exempt from the licensing fee. (b) (1) If the department determines that the applicant for annual license does not meet all of the requirements for such license, but has presented satisfactory evidence that the facility that is proposed for the care of adults has received fire safety, environmental safety and any necessary food establishment approval, that the applicant and the personnel who will care for the adults are capable in substantially all respects to care for the adults and that the applicant has the ability and intent to comply with the licensing law and regulations, the department may issue a temporary license to the applicant. (2) The purpose of the temporary license is to permit the license applicant to demonstrate to the department that the applicant has complied with all licensing laws and regulations applicable prior to the issuance of an initial annual license. (3) Within six (6) months of the issuance of the temporary license, the department shall determine if the applicant has complied with all regulations governing the adult day care centers. The department may extend the period of the temporary license for an additional six (6) months if the department determines that the applicant has made substantial progress in meeting the requirements of the law and regulations for an initial annual license. (4) (A) If the department determines that the applicant for any license complies with all licensing laws and regulations for adult day care centers, the department shall issue an annual, biennial or triennial license. The department may issue a restricted license as provided in § 71-2-407 if circumstances warrant. If the applicant has not complied with such laws or regulations or if circumstances do not warrant the issuance of a restricted license, the application shall be denied. (B) A biennial or triennial license may not be granted as the first license immediately following any temporary license. If a biennial or triennial license is granted, the commissioner may limit the biennial or triennial license to an annual or biennial or triennial license at the next renewal period, or may at any time reduce the biennial or triennial licensure period to a shorter period. Such reduction in the licensing period may be appealed pursuant to the procedures for appeal of license denials or revocations. (C) The annual, biennial or triennial license shall expire, respectively, twelve (12), twenty-four (24) or thirty-six (36) months from the date of its issuance unless the licensee has made timely reapplication for renewal and the department has not determined the status of the application, in which case the existing license shall continue in effect, unless suspended, until such determination is made and until a timely filed appeal is resolved by entry of a final order regarding the license application pursuant to § 4-5-314 . (c) (1) Each license issued or renewed pursuant to this part shall not be transferable to any other person or entity, and the sale, or transfer of the adult day care facility by any means, from the person or entity that is named as the licensee to any other person or entity shall void the existing license or any pending appeal of the denial or revocation of the existing license, and shall require an application by the transferee for an annual license and the payment of the required licensing fee. The adult day care center, the ownership or control of which has been transferred by the existing licensee, may not continue operation until a temporary or annual license is granted to the transferee. The new licensee in such circumstances may not be the transferor or any person or entity acting on behalf of the transferor. (2) If, however, the department determines that any person or entity has transferred nominal control of a center to any persons or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the licensing law or regulations or to otherwise attempt to circumvent the licensing law or regulations or any prior licensing actions instituted by the department, the department may deny the issuance of any license to the applicant. The denial of the license may be appealed as provided in § 71-2-408 . (3) (A) The license of any center shall not be voided nor shall any pending appeal be voided pursuant to this subsection (c) solely for the reason that the center is subject to judicial orders directing the transfer of control or management of an adult day care center or its license to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity. (B) If the current licensee dies, and provided that no licensing violations require the suspension, denial or revocation of the agency's license, the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of six (6) months. At the end of such period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section. (C) Nothing in this subsection (c) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the licensing laws and regulations that may be necessary to protect the adults in the care of such center. Acts 1996, ch. 1058, § 6; 1997 , ch. 449, §§ 4, 5; 2000, ch. 981, § 70.
(a) (1) An application for a license shall be submitted to the department in such manner as the department may require. (2) An application for a license shall be accompanied by the appropriate fee for the license and shall be received by the department not less than thirty (30) days prior to the expiration date of the existing license. Failure to timely submit a renewal application for a license shall result in expiration of the existing license. (3) Each application submitted to the department for a new license or for the renewal of a license shall be accompanied by the fee required for the license. (4) The commissioner may approve applications for renewal of a license as a biennial or triennial licensee if the commissioner determines that the applicant's methods of care and history of compliance clearly demonstrate that a biennial or triennial license is warranted. (5) The fees for adult day care centers shall be: (A) (i) Centers caring for less than twenty (20) participants: Annual Fee....................$ 125 Biennial Fee ....................$ 175 Triennial Fee ....................$ 200 (ii) Centers caring for twenty (20) to one hundred (100) participants: Annual Fee....................$ 200 Biennial Fee ....................$ 250 Triennial Fee ....................$ 300 (iii) Centers caring for more than one hundred (100) participants: Annual Fee....................$ 400 Biennial Fee ....................$ 450 Triennial Fee ....................$ 500 (B) The fees shall be earmarked and dedicated to the department for the improvement of the quality of adult services in this state. (C) If the department issues a temporary license after the application fee is paid, no further fee shall be required until the adult day care center applies again for an annual license or for renewal of the regular annual, biennial or triennial license. (D) Any adult day care center that is operated by a public, nonprofit agency or local municipality operating under a grant from the department and that pays an administrative fee as part of the monitoring requirements of such grant shall be exempt from the licensing fee.
(1) An application for a license shall be submitted to the department in such manner as the department may require.
(2) An application for a license shall be accompanied by the appropriate fee for the license and shall be received by the department not less than thirty (30) days prior to the expiration date of the existing license. Failure to timely submit a renewal application for a license shall result in expiration of the existing license.
(3) Each application submitted to the department for a new license or for the renewal of a license shall be accompanied by the fee required for the license.
(4) The commissioner may approve applications for renewal of a license as a biennial or triennial licensee if the commissioner determines that the applicant's methods of care and history of compliance clearly demonstrate that a biennial or triennial license is warranted.
(5) The fees for adult day care centers shall be: (A) (i) Centers caring for less than twenty (20) participants: Annual Fee....................$ 125 Biennial Fee ....................$ 175 Triennial Fee ....................$ 200 (ii) Centers caring for twenty (20) to one hundred (100) participants: Annual Fee....................$ 200 Biennial Fee ....................$ 250 Triennial Fee ....................$ 300 (iii) Centers caring for more than one hundred (100) participants: Annual Fee....................$ 400 Biennial Fee ....................$ 450 Triennial Fee ....................$ 500 (B) The fees shall be earmarked and dedicated to the department for the improvement of the quality of adult services in this state. (C) If the department issues a temporary license after the application fee is paid, no further fee shall be required until the adult day care center applies again for an annual license or for renewal of the regular annual, biennial or triennial license. (D) Any adult day care center that is operated by a public, nonprofit agency or local municipality operating under a grant from the department and that pays an administrative fee as part of the monitoring requirements of such grant shall be exempt from the licensing fee.
(A) (i) Centers caring for less than twenty (20) participants: Annual Fee....................$ 125 Biennial Fee ....................$ 175 Triennial Fee ....................$ 200 (ii) Centers caring for twenty (20) to one hundred (100) participants: Annual Fee....................$ 200 Biennial Fee ....................$ 250 Triennial Fee ....................$ 300 (iii) Centers caring for more than one hundred (100) participants: Annual Fee....................$ 400 Biennial Fee ....................$ 450 Triennial Fee ....................$ 500
(i) Centers caring for less than twenty (20) participants: Annual Fee....................$ 125 Biennial Fee ....................$ 175 Triennial Fee ....................$ 200
Annual Fee....................$ 125
Biennial Fee ....................$ 175
Triennial Fee ....................$ 200
(ii) Centers caring for twenty (20) to one hundred (100) participants: Annual Fee....................$ 200 Biennial Fee ....................$ 250 Triennial Fee ....................$ 300
Annual Fee....................$ 200
Biennial Fee ....................$ 250
Triennial Fee ....................$ 300
(iii) Centers caring for more than one hundred (100) participants: Annual Fee....................$ 400 Biennial Fee ....................$ 450 Triennial Fee ....................$ 500
Annual Fee....................$ 400
Biennial Fee ....................$ 450
Triennial Fee ....................$ 500
(B) The fees shall be earmarked and dedicated to the department for the improvement of the quality of adult services in this state.
(C) If the department issues a temporary license after the application fee is paid, no further fee shall be required until the adult day care center applies again for an annual license or for renewal of the regular annual, biennial or triennial license.
(D) Any adult day care center that is operated by a public, nonprofit agency or local municipality operating under a grant from the department and that pays an administrative fee as part of the monitoring requirements of such grant shall be exempt from the licensing fee.
(b) (1) If the department determines that the applicant for annual license does not meet all of the requirements for such license, but has presented satisfactory evidence that the facility that is proposed for the care of adults has received fire safety, environmental safety and any necessary food establishment approval, that the applicant and the personnel who will care for the adults are capable in substantially all respects to care for the adults and that the applicant has the ability and intent to comply with the licensing law and regulations, the department may issue a temporary license to the applicant. (2) The purpose of the temporary license is to permit the license applicant to demonstrate to the department that the applicant has complied with all licensing laws and regulations applicable prior to the issuance of an initial annual license. (3) Within six (6) months of the issuance of the temporary license, the department shall determine if the applicant has complied with all regulations governing the adult day care centers. The department may extend the period of the temporary license for an additional six (6) months if the department determines that the applicant has made substantial progress in meeting the requirements of the law and regulations for an initial annual license. (4) (A) If the department determines that the applicant for any license complies with all licensing laws and regulations for adult day care centers, the department shall issue an annual, biennial or triennial license. The department may issue a restricted license as provided in § 71-2-407 if circumstances warrant. If the applicant has not complied with such laws or regulations or if circumstances do not warrant the issuance of a restricted license, the application shall be denied. (B) A biennial or triennial license may not be granted as the first license immediately following any temporary license. If a biennial or triennial license is granted, the commissioner may limit the biennial or triennial license to an annual or biennial or triennial license at the next renewal period, or may at any time reduce the biennial or triennial licensure period to a shorter period. Such reduction in the licensing period may be appealed pursuant to the procedures for appeal of license denials or revocations. (C) The annual, biennial or triennial license shall expire, respectively, twelve (12), twenty-four (24) or thirty-six (36) months from the date of its issuance unless the licensee has made timely reapplication for renewal and the department has not determined the status of the application, in which case the existing license shall continue in effect, unless suspended, until such determination is made and until a timely filed appeal is resolved by entry of a final order regarding the license application pursuant to § 4-5-314 .
(1) If the department determines that the applicant for annual license does not meet all of the requirements for such license, but has presented satisfactory evidence that the facility that is proposed for the care of adults has received fire safety, environmental safety and any necessary food establishment approval, that the applicant and the personnel who will care for the adults are capable in substantially all respects to care for the adults and that the applicant has the ability and intent to comply with the licensing law and regulations, the department may issue a temporary license to the applicant.
(2) The purpose of the temporary license is to permit the license applicant to demonstrate to the department that the applicant has complied with all licensing laws and regulations applicable prior to the issuance of an initial annual license.
(3) Within six (6) months of the issuance of the temporary license, the department shall determine if the applicant has complied with all regulations governing the adult day care centers. The department may extend the period of the temporary license for an additional six (6) months if the department determines that the applicant has made substantial progress in meeting the requirements of the law and regulations for an initial annual license.
(4) (A) If the department determines that the applicant for any license complies with all licensing laws and regulations for adult day care centers, the department shall issue an annual, biennial or triennial license. The department may issue a restricted license as provided in § 71-2-407 if circumstances warrant. If the applicant has not complied with such laws or regulations or if circumstances do not warrant the issuance of a restricted license, the application shall be denied. (B) A biennial or triennial license may not be granted as the first license immediately following any temporary license. If a biennial or triennial license is granted, the commissioner may limit the biennial or triennial license to an annual or biennial or triennial license at the next renewal period, or may at any time reduce the biennial or triennial licensure period to a shorter period. Such reduction in the licensing period may be appealed pursuant to the procedures for appeal of license denials or revocations. (C) The annual, biennial or triennial license shall expire, respectively, twelve (12), twenty-four (24) or thirty-six (36) months from the date of its issuance unless the licensee has made timely reapplication for renewal and the department has not determined the status of the application, in which case the existing license shall continue in effect, unless suspended, until such determination is made and until a timely filed appeal is resolved by entry of a final order regarding the license application pursuant to § 4-5-314 .
(A) If the department determines that the applicant for any license complies with all licensing laws and regulations for adult day care centers, the department shall issue an annual, biennial or triennial license. The department may issue a restricted license as provided in § 71-2-407 if circumstances warrant. If the applicant has not complied with such laws or regulations or if circumstances do not warrant the issuance of a restricted license, the application shall be denied.
(B) A biennial or triennial license may not be granted as the first license immediately following any temporary license. If a biennial or triennial license is granted, the commissioner may limit the biennial or triennial license to an annual or biennial or triennial license at the next renewal period, or may at any time reduce the biennial or triennial licensure period to a shorter period. Such reduction in the licensing period may be appealed pursuant to the procedures for appeal of license denials or revocations.
(C) The annual, biennial or triennial license shall expire, respectively, twelve (12), twenty-four (24) or thirty-six (36) months from the date of its issuance unless the licensee has made timely reapplication for renewal and the department has not determined the status of the application, in which case the existing license shall continue in effect, unless suspended, until such determination is made and until a timely filed appeal is resolved by entry of a final order regarding the license application pursuant to § 4-5-314 .
(c) (1) Each license issued or renewed pursuant to this part shall not be transferable to any other person or entity, and the sale, or transfer of the adult day care facility by any means, from the person or entity that is named as the licensee to any other person or entity shall void the existing license or any pending appeal of the denial or revocation of the existing license, and shall require an application by the transferee for an annual license and the payment of the required licensing fee. The adult day care center, the ownership or control of which has been transferred by the existing licensee, may not continue operation until a temporary or annual license is granted to the transferee. The new licensee in such circumstances may not be the transferor or any person or entity acting on behalf of the transferor. (2) If, however, the department determines that any person or entity has transferred nominal control of a center to any persons or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the licensing law or regulations or to otherwise attempt to circumvent the licensing law or regulations or any prior licensing actions instituted by the department, the department may deny the issuance of any license to the applicant. The denial of the license may be appealed as provided in § 71-2-408 . (3) (A) The license of any center shall not be voided nor shall any pending appeal be voided pursuant to this subsection (c) solely for the reason that the center is subject to judicial orders directing the transfer of control or management of an adult day care center or its license to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity. (B) If the current licensee dies, and provided that no licensing violations require the suspension, denial or revocation of the agency's license, the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of six (6) months. At the end of such period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section. (C) Nothing in this subsection (c) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the licensing laws and regulations that may be necessary to protect the adults in the care of such center.
(1) Each license issued or renewed pursuant to this part shall not be transferable to any other person or entity, and the sale, or transfer of the adult day care facility by any means, from the person or entity that is named as the licensee to any other person or entity shall void the existing license or any pending appeal of the denial or revocation of the existing license, and shall require an application by the transferee for an annual license and the payment of the required licensing fee. The adult day care center, the ownership or control of which has been transferred by the existing licensee, may not continue operation until a temporary or annual license is granted to the transferee. The new licensee in such circumstances may not be the transferor or any person or entity acting on behalf of the transferor.
(2) If, however, the department determines that any person or entity has transferred nominal control of a center to any persons or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the licensing law or regulations or to otherwise attempt to circumvent the licensing law or regulations or any prior licensing actions instituted by the department, the department may deny the issuance of any license to the applicant. The denial of the license may be appealed as provided in § 71-2-408 .
(3) (A) The license of any center shall not be voided nor shall any pending appeal be voided pursuant to this subsection (c) solely for the reason that the center is subject to judicial orders directing the transfer of control or management of an adult day care center or its license to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity. (B) If the current licensee dies, and provided that no licensing violations require the suspension, denial or revocation of the agency's license, the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of six (6) months. At the end of such period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section. (C) Nothing in this subsection (c) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the licensing laws and regulations that may be necessary to protect the adults in the care of such center.
(A) The license of any center shall not be voided nor shall any pending appeal be voided pursuant to this subsection (c) solely for the reason that the center is subject to judicial orders directing the transfer of control or management of an adult day care center or its license to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity.
(B) If the current licensee dies, and provided that no licensing violations require the suspension, denial or revocation of the agency's license, the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of six (6) months. At the end of such period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section.
(C) Nothing in this subsection (c) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the licensing laws and regulations that may be necessary to protect the adults in the care of such center.
Acts 1996, ch. 1058, § 6; 1997 , ch. 449, §§ 4, 5; 2000, ch. 981, § 70.
Tenn. Code Ann. § 71-5-2404 — TN Code / Title 71 / Chapter 5 / Section 71-5-2404
Recommendations for inclusion on preferred drug list
Status: in_force

(a) The TennCare pharmacy advisory committee shall submit to the bureau of TennCare both specific and general recommendations for drugs to be included on any state preferred drug list (PDL) adopted by the bureau. In making its recommendations, the committee shall consider factors including, but not limited to, efficacy, the use of generic drugs and therapeutic equivalent drugs, and cost information related to each drug. The committee shall also submit recommendations to the bureau regarding computerized, voice, and written prior authorization, including prior authorization criteria, and step therapy. (b) The state TennCare pharmacy advisory committee shall include evidence-based research in making its recommendations for drugs to be included on the PDL. (c) (1) Any individual shall be permitted to make a public presentation to the TennCare pharmacy advisory committee regarding a drug or classes of drugs under consideration for the TennCare preferred drug list, in accordance with the following: (A) A presentation shall be limited to an agenda item and there shall be a maximum of three (3) presentations per agenda item; (B) A request to make a verbal presentation shall be submitted in writing by fax or electronically to the pharmacy director of the bureau of TennCare, or the named designee, with a copy to the chairman of the TennCare pharmacy advisory committee no later than seventy-two (72) hours in advance of the scheduled meeting; (C) The time limit for a verbal presentation by or on behalf of a pharmaceutical manufacturer shall not exceed five (5) minutes in aggregate per drug per manufacturer or organization, or five (5) minutes by an individual, manufacturer or organization speaking on a particular position. The committee may, by a unanimous vote, extend the time limitation for presentation; and (D) An individual, manufacturer or organization may present updated or new information, including drug package insert changes, new indications or peer-reviewed journal articles on a product. (2) The committee may receive written studies, data and information relative to the cost-effectiveness of drugs being considered for placement on the preferred drug list. Such written information shall be distributed to the TennCare pharmacy advisory committee members. Such written information must be received by the TennCare pharmacy director no later than five (5) business days prior to the scheduled pharmacy advisory committee meeting. (d) TennCare or its designee shall provide the state TennCare pharmacy advisory committee, the office of inspector general, and the state's medicaid fraud control unit with clinical and economic research and utilization information as requested on drugs and drug classes. (e) The TennCare bureau shall consider the recommendations of the state TennCare pharmacy advisory committee in amending or revising any PDL adopted by the bureau to apply to pharmacy expenditures within the TennCare program. The recommendations of the committee are advisory only, and the bureau may adopt or amend a PDL regardless of whether it has received any recommendations from the committee. It is the legislative intent that, insofar as practical, the TennCare bureau shall have the benefit of the committee's recommendations prior to implementing a PDL or portions thereof. Acts 2003, ch. 350, § 1; 2004, ch. 673, §§ 16, 17; 2005, ch. 259, § 1.
(a) The TennCare pharmacy advisory committee shall submit to the bureau of TennCare both specific and general recommendations for drugs to be included on any state preferred drug list (PDL) adopted by the bureau. In making its recommendations, the committee shall consider factors including, but not limited to, efficacy, the use of generic drugs and therapeutic equivalent drugs, and cost information related to each drug. The committee shall also submit recommendations to the bureau regarding computerized, voice, and written prior authorization, including prior authorization criteria, and step therapy.
(b) The state TennCare pharmacy advisory committee shall include evidence-based research in making its recommendations for drugs to be included on the PDL.
(c) (1) Any individual shall be permitted to make a public presentation to the TennCare pharmacy advisory committee regarding a drug or classes of drugs under consideration for the TennCare preferred drug list, in accordance with the following: (A) A presentation shall be limited to an agenda item and there shall be a maximum of three (3) presentations per agenda item; (B) A request to make a verbal presentation shall be submitted in writing by fax or electronically to the pharmacy director of the bureau of TennCare, or the named designee, with a copy to the chairman of the TennCare pharmacy advisory committee no later than seventy-two (72) hours in advance of the scheduled meeting; (C) The time limit for a verbal presentation by or on behalf of a pharmaceutical manufacturer shall not exceed five (5) minutes in aggregate per drug per manufacturer or organization, or five (5) minutes by an individual, manufacturer or organization speaking on a particular position. The committee may, by a unanimous vote, extend the time limitation for presentation; and (D) An individual, manufacturer or organization may present updated or new information, including drug package insert changes, new indications or peer-reviewed journal articles on a product. (2) The committee may receive written studies, data and information relative to the cost-effectiveness of drugs being considered for placement on the preferred drug list. Such written information shall be distributed to the TennCare pharmacy advisory committee members. Such written information must be received by the TennCare pharmacy director no later than five (5) business days prior to the scheduled pharmacy advisory committee meeting.
(1) Any individual shall be permitted to make a public presentation to the TennCare pharmacy advisory committee regarding a drug or classes of drugs under consideration for the TennCare preferred drug list, in accordance with the following: (A) A presentation shall be limited to an agenda item and there shall be a maximum of three (3) presentations per agenda item; (B) A request to make a verbal presentation shall be submitted in writing by fax or electronically to the pharmacy director of the bureau of TennCare, or the named designee, with a copy to the chairman of the TennCare pharmacy advisory committee no later than seventy-two (72) hours in advance of the scheduled meeting; (C) The time limit for a verbal presentation by or on behalf of a pharmaceutical manufacturer shall not exceed five (5) minutes in aggregate per drug per manufacturer or organization, or five (5) minutes by an individual, manufacturer or organization speaking on a particular position. The committee may, by a unanimous vote, extend the time limitation for presentation; and (D) An individual, manufacturer or organization may present updated or new information, including drug package insert changes, new indications or peer-reviewed journal articles on a product.
(A) A presentation shall be limited to an agenda item and there shall be a maximum of three (3) presentations per agenda item;
(B) A request to make a verbal presentation shall be submitted in writing by fax or electronically to the pharmacy director of the bureau of TennCare, or the named designee, with a copy to the chairman of the TennCare pharmacy advisory committee no later than seventy-two (72) hours in advance of the scheduled meeting;
(C) The time limit for a verbal presentation by or on behalf of a pharmaceutical manufacturer shall not exceed five (5) minutes in aggregate per drug per manufacturer or organization, or five (5) minutes by an individual, manufacturer or organization speaking on a particular position. The committee may, by a unanimous vote, extend the time limitation for presentation; and
(D) An individual, manufacturer or organization may present updated or new information, including drug package insert changes, new indications or peer-reviewed journal articles on a product.
(2) The committee may receive written studies, data and information relative to the cost-effectiveness of drugs being considered for placement on the preferred drug list. Such written information shall be distributed to the TennCare pharmacy advisory committee members. Such written information must be received by the TennCare pharmacy director no later than five (5) business days prior to the scheduled pharmacy advisory committee meeting.
(d) TennCare or its designee shall provide the state TennCare pharmacy advisory committee, the office of inspector general, and the state's medicaid fraud control unit with clinical and economic research and utilization information as requested on drugs and drug classes.
(e) The TennCare bureau shall consider the recommendations of the state TennCare pharmacy advisory committee in amending or revising any PDL adopted by the bureau to apply to pharmacy expenditures within the TennCare program. The recommendations of the committee are advisory only, and the bureau may adopt or amend a PDL regardless of whether it has received any recommendations from the committee. It is the legislative intent that, insofar as practical, the TennCare bureau shall have the benefit of the committee's recommendations prior to implementing a PDL or portions thereof.
Acts 2003, ch. 350, § 1; 2004, ch. 673, §§ 16, 17; 2005, ch. 259, § 1.