Tenn. Code Ann. § 71-5-197 — TN Code / Title 71 / Chapter 5 / Section 71-5-197
Authority over TennCare pharmacy purchases - Confidential information - Exemption from open meeting laws
Status: in_force

(a) The bureau of TennCare is authorized to remove pharmacy services from managed care organization (MCO) contracts and assume direct responsibility for all TennCare pharmacy purchases. (b) The bureau of TennCare is authorized to implement, either independently or in combination with a state preferred drug list (PDL), cost saving measures for pharmaceutical services, including, but not limited to, tiered co-payments, reference pricing, prior authorization and step therapy requirements; provided, however, that any prior approval process shall, at a minimum, comply with 42 U.S.C. § 1396r-8(d)(5) , which requires a response to a request for prior authorization within twenty-four (24) hours and further requires at least a seventy-two (72) hour supply of a covered outpatient drug in an emergency situation. (c) The bureau of TennCare, through a state pharmacy benefit manager (PBM) or on its own, is authorized to negotiate supplemental manufacturer rebates for TennCare prescription drug purchases; provided, however, that when conducting such negotiations, the bureau or PBM, or both, shall utilize the average manufacturer's price (AMP) as defined in 42 U.S.C. § 1396r-8(k)(1) or any other recognized acceptable basis for negotiating rebates as the cost basis for the product. (d) Notwithstanding any other law to the contrary, all information and documents containing trade secrets, proprietary information, rebate amounts for individual drugs or individual manufacturers, percent of rebate for individual drugs or individual manufacturers, and manufacturer's pricing that are contained in records of the TennCare bureau, the state of Tennessee and its agents shall be confidential and shall not be a public record for the purposes of title 10, chapter 7, part 5. Nothing in this subsection (d) shall be construed to prohibit the TennCare bureau and the state of Tennessee from disclosing the information covered by this subsection (d) to members of the state TennCare pharmacy advisory committee, who shall be deemed agents of the state of Tennessee for purposes of this subsection (d). (e) Notwithstanding any other law to the contrary, those portions of meetings of the state TennCare pharmacy advisory committee at which information described in subsection (d) is disclosed for discussion are exempt from title 8, chapter 44. (f) (1) The bureau of TennCare shall promulgate rules to promote the safe and responsible coverage of opioids for TennCare members who have the TennCare pharmacy benefit. The rules must, at a minimum, address prior authorization requirements for opioid prescriptions, as determined by the bureau, to reduce the development of opioid dependency and addiction. For women of child-bearing age, when prior authorization is required for an opioid prescription, the rules must require the provider to submit information regarding pregnancy status, contraceptive use, and the provision of counseling regarding the risks of becoming pregnant while receiving opioid medication. The information regarding pregnancy status and contraceptive use may, when appropriate, be based on self-reporting by the patient. (2) The rules required by this subsection (f) shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. On or before January 1, 2019, the bureau shall report to both the health and welfare committee of the senate and the health committee of the house of representatives regarding the status of the rules required by this subsection (f). Amended by 2018 Tenn. Acts, ch. 864, s 1, eff. 5/3/2018. Acts 2003 , ch. 350, § 3; 2004, ch. 673, §§ 12, 13.
(a) The bureau of TennCare is authorized to remove pharmacy services from managed care organization (MCO) contracts and assume direct responsibility for all TennCare pharmacy purchases.
(b) The bureau of TennCare is authorized to implement, either independently or in combination with a state preferred drug list (PDL), cost saving measures for pharmaceutical services, including, but not limited to, tiered co-payments, reference pricing, prior authorization and step therapy requirements; provided, however, that any prior approval process shall, at a minimum, comply with 42 U.S.C. § 1396r-8(d)(5) , which requires a response to a request for prior authorization within twenty-four (24) hours and further requires at least a seventy-two (72) hour supply of a covered outpatient drug in an emergency situation.
(c) The bureau of TennCare, through a state pharmacy benefit manager (PBM) or on its own, is authorized to negotiate supplemental manufacturer rebates for TennCare prescription drug purchases; provided, however, that when conducting such negotiations, the bureau or PBM, or both, shall utilize the average manufacturer's price (AMP) as defined in 42 U.S.C. § 1396r-8(k)(1) or any other recognized acceptable basis for negotiating rebates as the cost basis for the product.
(d) Notwithstanding any other law to the contrary, all information and documents containing trade secrets, proprietary information, rebate amounts for individual drugs or individual manufacturers, percent of rebate for individual drugs or individual manufacturers, and manufacturer's pricing that are contained in records of the TennCare bureau, the state of Tennessee and its agents shall be confidential and shall not be a public record for the purposes of title 10, chapter 7, part 5. Nothing in this subsection (d) shall be construed to prohibit the TennCare bureau and the state of Tennessee from disclosing the information covered by this subsection (d) to members of the state TennCare pharmacy advisory committee, who shall be deemed agents of the state of Tennessee for purposes of this subsection (d).
(e) Notwithstanding any other law to the contrary, those portions of meetings of the state TennCare pharmacy advisory committee at which information described in subsection (d) is disclosed for discussion are exempt from title 8, chapter 44.
(f) (1) The bureau of TennCare shall promulgate rules to promote the safe and responsible coverage of opioids for TennCare members who have the TennCare pharmacy benefit. The rules must, at a minimum, address prior authorization requirements for opioid prescriptions, as determined by the bureau, to reduce the development of opioid dependency and addiction. For women of child-bearing age, when prior authorization is required for an opioid prescription, the rules must require the provider to submit information regarding pregnancy status, contraceptive use, and the provision of counseling regarding the risks of becoming pregnant while receiving opioid medication. The information regarding pregnancy status and contraceptive use may, when appropriate, be based on self-reporting by the patient. (2) The rules required by this subsection (f) shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. On or before January 1, 2019, the bureau shall report to both the health and welfare committee of the senate and the health committee of the house of representatives regarding the status of the rules required by this subsection (f).
(1) The bureau of TennCare shall promulgate rules to promote the safe and responsible coverage of opioids for TennCare members who have the TennCare pharmacy benefit. The rules must, at a minimum, address prior authorization requirements for opioid prescriptions, as determined by the bureau, to reduce the development of opioid dependency and addiction. For women of child-bearing age, when prior authorization is required for an opioid prescription, the rules must require the provider to submit information regarding pregnancy status, contraceptive use, and the provision of counseling regarding the risks of becoming pregnant while receiving opioid medication. The information regarding pregnancy status and contraceptive use may, when appropriate, be based on self-reporting by the patient.
(2) The rules required by this subsection (f) shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. On or before January 1, 2019, the bureau shall report to both the health and welfare committee of the senate and the health committee of the house of representatives regarding the status of the rules required by this subsection (f).
Amended by 2018 Tenn. Acts, ch. 864, s 1, eff. 5/3/2018.
Acts 2003 , ch. 350, § 3; 2004, ch. 673, §§ 12, 13.
Tenn. Code Ann. § 71-1-121 — TN Code / Title 71 / Chapter 1 / Section 71-1-121
Access to public assistance records by authorized counsel
Status: in_force

Notwithstanding any other law to the contrary, the department shall grant access to all public assistance records, reports, documents, case files or other similar documents about a person who has applied for or is receiving or has received public assistance, including, but not limited to, temporary assistance for needy families (TANF), or any successor program, food assistance pursuant to chapter 5, part 3 of this title, medicaid and Title XX services ( 42 U.S.C. §§ 1397 et seq.), to authorized counsel for the person. Acts 1981, ch. 355, § 1; T.C.A., § 14-1-121; Acts 1996, ch. 950, § 23.
Notwithstanding any other law to the contrary, the department shall grant access to all public assistance records, reports, documents, case files or other similar documents about a person who has applied for or is receiving or has received public assistance, including, but not limited to, temporary assistance for needy families (TANF), or any successor program, food assistance pursuant to chapter 5, part 3 of this title, medicaid and Title XX services ( 42 U.S.C. §§ 1397 et seq.), to authorized counsel for the person.
Acts 1981, ch. 355, § 1; T.C.A., § 14-1-121; Acts 1996, ch. 950, § 23.
Tenn. Code Ann. § 71-4-403 — TN Code / Title 71 / Chapter 4 / Section 71-4-403
Purchase of materials without formal procedures
Status: in_force

(a) Notwithstanding another law, and except as provided in subsection (b), the commissioner of human services or the commissioner's designee may make purchases of materials, services, equipment, stock, and merchandise for use in a business enterprise program for the blind without the necessity of taking bids for the purchases, advertising bids for such purchases, or complying with other restrictions governing the purchase of goods and services generally on behalf of this state. (b) Subsection (a) does not apply to the purchase of software for use in inmate commissary facilities. Amended by 2024 Tenn. Acts, ch. 609,s 1, eff. 3/27/2024. Acts 1949, ch. 99, § 3; C. Supp. 1950, § 4765.92 (Williams, § 4765.78c); T.C.A. (orig. ed.), §§ 14-621, 14-14-303.
(a) Notwithstanding another law, and except as provided in subsection (b), the commissioner of human services or the commissioner's designee may make purchases of materials, services, equipment, stock, and merchandise for use in a business enterprise program for the blind without the necessity of taking bids for the purchases, advertising bids for such purchases, or complying with other restrictions governing the purchase of goods and services generally on behalf of this state.
(b) Subsection (a) does not apply to the purchase of software for use in inmate commissary facilities.
Amended by 2024 Tenn. Acts, ch. 609,s 1, eff. 3/27/2024.
Acts 1949, ch. 99, § 3; C. Supp. 1950, § 4765.92 (Williams, § 4765.78c); T.C.A. (orig. ed.), §§ 14-621, 14-14-303.
Tenn. Code Ann. § 71-5-401 — TN Code / Title 71 / Chapter 5 / Section 71-5-401
Administration by department of human services
Status: in_force

(a) (1) The department of human services shall administer any funding received under the federal low-income energy assistance and weatherization programs, any other federal funds for energy assistance or energy conservation for residential units and any state funds appropriated to the department for purposes of providing to eligible persons energy assistance and residential weatherization as defined by federal law or regulation. To meet the goal of the American Recovery and Reinvestment Act of 2009, P.L. 111-5, the department shall ensure that there are qualified contractors and contracting firms, energy auditors and auditing firms and energy inspectors and inspection firms qualified to provide weatherization services and products. (2) Administration in accordance with state plan approved by federal government or state law. (A) The department shall administer the low-income energy assistance and weatherization programs in accordance with the state plan for each program as approved by the federal government for any federal funding, and in accordance with any state law for any state funding provided for such assistance. (B) The state plan approved by the federal government governing the expenditure of federal funds for such programs shall supersede any state law or regulations that are inconsistent with the approved state plan. (3) Rulemaking authority. (A) The department has the power to promulgate any necessary regulations to administer the low-income energy assistance and weatherization programs pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (B) If necessary to provide for the immediate expenditure of any emergency low-income energy assistance or weatherization funds in the event of any severe energy crisis or disaster as declared by the governor, or to provide timely assistance under any funding criteria that require the expenditure of such funds under any short-term funding program, the department shall have authority to promulgate any necessary regulations to implement the provision of such assistance by emergency rule; provided, that any permanent rules shall be promulgated pursuant to the Uniform Administrative Procedures Act. (b) (1) The department may allocate to the residential weatherization program any funds received for energy assistance under the federal low-income energy assistance program or from any other federal energy assistance fund up to the maximum amount permitted by federal law. (2) Any separate state funding for energy assistance shall be allocated as authorized in the annual appropriations act. (c) Notwithstanding any state law or regulation to the contrary, the department may provide residential weatherization assistance at any percentage of the federal income poverty level that is permitted by federal law. (d) Benefit levels shall be determined based upon those prescribed by federal law. Acts 1984, ch. 852, § 1; T.C.A., § 14-21-101; Acts 2009 , ch. 529, § 26.
(a) (1) The department of human services shall administer any funding received under the federal low-income energy assistance and weatherization programs, any other federal funds for energy assistance or energy conservation for residential units and any state funds appropriated to the department for purposes of providing to eligible persons energy assistance and residential weatherization as defined by federal law or regulation. To meet the goal of the American Recovery and Reinvestment Act of 2009, P.L. 111-5, the department shall ensure that there are qualified contractors and contracting firms, energy auditors and auditing firms and energy inspectors and inspection firms qualified to provide weatherization services and products. (2) Administration in accordance with state plan approved by federal government or state law. (A) The department shall administer the low-income energy assistance and weatherization programs in accordance with the state plan for each program as approved by the federal government for any federal funding, and in accordance with any state law for any state funding provided for such assistance. (B) The state plan approved by the federal government governing the expenditure of federal funds for such programs shall supersede any state law or regulations that are inconsistent with the approved state plan. (3) Rulemaking authority. (A) The department has the power to promulgate any necessary regulations to administer the low-income energy assistance and weatherization programs pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (B) If necessary to provide for the immediate expenditure of any emergency low-income energy assistance or weatherization funds in the event of any severe energy crisis or disaster as declared by the governor, or to provide timely assistance under any funding criteria that require the expenditure of such funds under any short-term funding program, the department shall have authority to promulgate any necessary regulations to implement the provision of such assistance by emergency rule; provided, that any permanent rules shall be promulgated pursuant to the Uniform Administrative Procedures Act.
(1) The department of human services shall administer any funding received under the federal low-income energy assistance and weatherization programs, any other federal funds for energy assistance or energy conservation for residential units and any state funds appropriated to the department for purposes of providing to eligible persons energy assistance and residential weatherization as defined by federal law or regulation. To meet the goal of the American Recovery and Reinvestment Act of 2009, P.L. 111-5, the department shall ensure that there are qualified contractors and contracting firms, energy auditors and auditing firms and energy inspectors and inspection firms qualified to provide weatherization services and products.
(2) Administration in accordance with state plan approved by federal government or state law. (A) The department shall administer the low-income energy assistance and weatherization programs in accordance with the state plan for each program as approved by the federal government for any federal funding, and in accordance with any state law for any state funding provided for such assistance. (B) The state plan approved by the federal government governing the expenditure of federal funds for such programs shall supersede any state law or regulations that are inconsistent with the approved state plan.
(A) The department shall administer the low-income energy assistance and weatherization programs in accordance with the state plan for each program as approved by the federal government for any federal funding, and in accordance with any state law for any state funding provided for such assistance.
(B) The state plan approved by the federal government governing the expenditure of federal funds for such programs shall supersede any state law or regulations that are inconsistent with the approved state plan.
(3) Rulemaking authority. (A) The department has the power to promulgate any necessary regulations to administer the low-income energy assistance and weatherization programs pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (B) If necessary to provide for the immediate expenditure of any emergency low-income energy assistance or weatherization funds in the event of any severe energy crisis or disaster as declared by the governor, or to provide timely assistance under any funding criteria that require the expenditure of such funds under any short-term funding program, the department shall have authority to promulgate any necessary regulations to implement the provision of such assistance by emergency rule; provided, that any permanent rules shall be promulgated pursuant to the Uniform Administrative Procedures Act.
(A) The department has the power to promulgate any necessary regulations to administer the low-income energy assistance and weatherization programs pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(B) If necessary to provide for the immediate expenditure of any emergency low-income energy assistance or weatherization funds in the event of any severe energy crisis or disaster as declared by the governor, or to provide timely assistance under any funding criteria that require the expenditure of such funds under any short-term funding program, the department shall have authority to promulgate any necessary regulations to implement the provision of such assistance by emergency rule; provided, that any permanent rules shall be promulgated pursuant to the Uniform Administrative Procedures Act.
(b) (1) The department may allocate to the residential weatherization program any funds received for energy assistance under the federal low-income energy assistance program or from any other federal energy assistance fund up to the maximum amount permitted by federal law. (2) Any separate state funding for energy assistance shall be allocated as authorized in the annual appropriations act.
(1) The department may allocate to the residential weatherization program any funds received for energy assistance under the federal low-income energy assistance program or from any other federal energy assistance fund up to the maximum amount permitted by federal law.
(2) Any separate state funding for energy assistance shall be allocated as authorized in the annual appropriations act.
(c) Notwithstanding any state law or regulation to the contrary, the department may provide residential weatherization assistance at any percentage of the federal income poverty level that is permitted by federal law.
(d) Benefit levels shall be determined based upon those prescribed by federal law.
Acts 1984, ch. 852, § 1; T.C.A., § 14-21-101; Acts 2009 , ch. 529, § 26.
Tenn. Code Ann. § 71-5-801 — TN Code / Title 71 / Chapter 5 / Section 71-5-801
[Repealed]
Status: repealed

Acts 2014 , ch. 877, § 1; repealed by terms of former § 71-5-806, effective June 30, 2015.
Tenn. Code Ann. § 71-5-2507 — TN Code / Title 71 / Chapter 5 / Section 71-5-2507
Enforcement by law enforcement officers
Status: in_force

(a) The staff of the office of inspector general may include law enforcement officers, as defined in § 39-11-106(a) and qualified as defined in § 38-8-106 , who have successfully completed a training course approved by the Tennessee peace officer standards and training commission, including surveillance training. (b) Any duly authorized law enforcement officer who has been specifically designated by the inspector general to enforce this part is authorized and empowered to go armed while on active duty engaged in enforcing this part; and is authorized to make arrests for offenses involving criminal fraud and abuse of the TennCare program and any other violations of state criminal law related to the operation of TennCare. Any such person is also authorized and empowered to execute search warrants and do all acts incident thereto in the same manner as search warrants may be executed by sheriffs and other peace officers. Amended by 2017 Tenn. Acts, ch. 244,s 1, eff. 5/2/2017. Acts 2004, ch. 673, § 20; 2005, ch. 474, § 8.
(a) The staff of the office of inspector general may include law enforcement officers, as defined in § 39-11-106(a) and qualified as defined in § 38-8-106 , who have successfully completed a training course approved by the Tennessee peace officer standards and training commission, including surveillance training.
(b) Any duly authorized law enforcement officer who has been specifically designated by the inspector general to enforce this part is authorized and empowered to go armed while on active duty engaged in enforcing this part; and is authorized to make arrests for offenses involving criminal fraud and abuse of the TennCare program and any other violations of state criminal law related to the operation of TennCare. Any such person is also authorized and empowered to execute search warrants and do all acts incident thereto in the same manner as search warrants may be executed by sheriffs and other peace officers.
Amended by 2017 Tenn. Acts, ch. 244,s 1, eff. 5/2/2017.
Acts 2004, ch. 673, § 20; 2005, ch. 474, § 8.
Tenn. Code Ann. § 71-5-305 — TN Code / Title 71 / Chapter 5 / Section 71-5-305
Eligibility requirements for assistance
Status: in_force

Assistance under this part shall be granted to any needy person, household or low-income family that meets the requirements set forth in federal statutes and such standards of need as may be established by the department or required by any subsequently enacted federal statute on the same subject. Acts 1971, ch. 136, § 5; T.C.A., §§ 14-2205, 14-27-105.
Assistance under this part shall be granted to any needy person, household or low-income family that meets the requirements set forth in federal statutes and such standards of need as may be established by the department or required by any subsequently enacted federal statute on the same subject.
Acts 1971, ch. 136, § 5; T.C.A., §§ 14-2205, 14-27-105.
Tenn. Code Ann. § 71-3-511 — TN Code / Title 71 / Chapter 3 / Section 71-3-511
Licensing standards committees
Status: in_force

(a) The commissioner of human services shall appoint a standards committee composed of twelve (12) citizens, three (3) from each grand division of the state, and three (3) at-large for the purpose of developing or reviewing standards and regulations for each class of child care agency defined in this part. The classes of child care regulated by the department shall be represented by members of the standards committee. (b) For any new class of child care agency as defined in this part, the standards committee shall develop and recommend to the commissioner the standards and regulations for that new class of child care agency. The standards and regulations of each existing class of child care agency shall be reviewed by a standards committee beginning every four (4) years following the date of submission of its last recommendations or more frequently as the commissioner may direct. (c) The standards committee shall act in an advisory capacity to the commissioner in recommending any initial standards or regulations for any new class of child care agency or any changes to the existing standards or regulations of any class of child care agency. (d) The committee shall cease to exist upon submitting its recommendations to the commissioner, but may be reestablished by the commissioner at any time to further review its recommendations or to consider additional standards or regulations or to consider revisions to the standards or regulations. (e) (1) In making appointments to the committee, the commissioner shall strive to ensure that at least one (1) person serving on the committee is sixty (60) years of age or older and that at least one (1) person serving on the committee is a member of a racial minority. (2) Except as otherwise provided in this section, in making appointments to the standards committees, the departments shall strive to ensure that the membership of the standards committees includes a balance of representatives of the regulated industry and persons whose expertise would be of assistance to the departments. The departments shall appoint child advocates, social workers, attorneys, and other such persons with knowledge and expertise in the specified area, as well as citizen members to the committees. (f) The members of the committee shall not receive any compensation for their services but shall be reimbursed for their travel to and from the committee meetings and for their meals and lodging in accordance with the state travel procedures and regulations. Acts 2000, ch. 843, § 2; 2000, ch. 981, § 12; 2011, ch. 282, § 3.
(a) The commissioner of human services shall appoint a standards committee composed of twelve (12) citizens, three (3) from each grand division of the state, and three (3) at-large for the purpose of developing or reviewing standards and regulations for each class of child care agency defined in this part. The classes of child care regulated by the department shall be represented by members of the standards committee.
(b) For any new class of child care agency as defined in this part, the standards committee shall develop and recommend to the commissioner the standards and regulations for that new class of child care agency. The standards and regulations of each existing class of child care agency shall be reviewed by a standards committee beginning every four (4) years following the date of submission of its last recommendations or more frequently as the commissioner may direct.
(c) The standards committee shall act in an advisory capacity to the commissioner in recommending any initial standards or regulations for any new class of child care agency or any changes to the existing standards or regulations of any class of child care agency.
(d) The committee shall cease to exist upon submitting its recommendations to the commissioner, but may be reestablished by the commissioner at any time to further review its recommendations or to consider additional standards or regulations or to consider revisions to the standards or regulations.
(e) (1) In making appointments to the committee, the commissioner shall strive to ensure that at least one (1) person serving on the committee is sixty (60) years of age or older and that at least one (1) person serving on the committee is a member of a racial minority. (2) Except as otherwise provided in this section, in making appointments to the standards committees, the departments shall strive to ensure that the membership of the standards committees includes a balance of representatives of the regulated industry and persons whose expertise would be of assistance to the departments. The departments shall appoint child advocates, social workers, attorneys, and other such persons with knowledge and expertise in the specified area, as well as citizen members to the committees.
(1) In making appointments to the committee, the commissioner shall strive to ensure that at least one (1) person serving on the committee is sixty (60) years of age or older and that at least one (1) person serving on the committee is a member of a racial minority.
(2) Except as otherwise provided in this section, in making appointments to the standards committees, the departments shall strive to ensure that the membership of the standards committees includes a balance of representatives of the regulated industry and persons whose expertise would be of assistance to the departments. The departments shall appoint child advocates, social workers, attorneys, and other such persons with knowledge and expertise in the specified area, as well as citizen members to the committees.
(f) The members of the committee shall not receive any compensation for their services but shall be reimbursed for their travel to and from the committee meetings and for their meals and lodging in accordance with the state travel procedures and regulations.
Acts 2000, ch. 843, § 2; 2000, ch. 981, § 12; 2011, ch. 282, § 3.
Tenn. Code Ann. § 71-5-161 — TN Code / Title 71 / Chapter 5 / Section 71-5-161
Hospital payment rate corridors
Status: in_force

(a) This section continues the hospital payment rate corridors applicable to payments by managed care organizations to hospitals for services provided to TennCare enrollees established by § 71-5-703(b)(3) , as enacted by Chapter 276 of the Public Acts of 2015. (b) Hospital payment rate variation corridors shall be established by the state's actuary and approved by the bureau of TennCare for payments by managed care organizations to hospitals for services provided to TennCare enrollees as follows: (1) As required by § 71-5-703(b)(3) , as enacted by Chapter 276 of the Public Acts of 2015, the bureau shall implement provisions in its contractor risk agreements (CRAs) with all managed care organizations requiring payment rates for each hospital in the aggregate from all managed care organizations with which the hospital has network contracts to be no less than the minimum levels or more than the maximum levels set forth in subsections (c) and (d); and (2) Compliance with these standards shall be determined on the basis of the totality of all rates for the hospital by all managed care organizations in the aggregate with which it has a network contract, rather than on the basis of rates for a hospital under a network contract with an individual managed care organization. Managed care organizations shall not enter into or maintain a single case agreement or contract with any hospital that authorizes or requires rates for the hospital that do not conform to the hospital payment variability standards set forth in this section. (c) The minimum and maximum levels for aggregate rates to hospitals for services to TennCare enrollees shall be based on the percentages of each hospital's federal fiscal year (FFY) 2011 medicare reimbursement set forth in subsection (d). Compliance with these minimum and maximum payment rates shall be determined on the basis of the totality of payments to a hospital for services to TennCare enrollees from all managed care organizations with which the hospital has a network contract. The variation corridors established by this subsection (c) are for the purpose of limiting the amount of variation in the rates paid by TennCare managed care organizations to hospitals, and this subsection (c) shall not create a right by a hospital to receive any actual amount of reimbursement in the aggregate from all TennCare managed care organizations. (d) (1) For routine, nonspecialized inpatient services, the minimum level is fifty-three and eight-tenths percent (53.8%), and the maximum level is eighty percent (80%); (2) For outpatient services, the minimum level is ninety-three and two-tenths percent (93.2%), and the maximum level is one hundred and four percent (104%); (3) For cardiac surgery services, the minimum level is thirty-two percent (32%), and the maximum level is eighty-three percent (83%); (4) For specialized neonatal services, the minimum level is four percent (4%), and the maximum level is one hundred seventy-four percent (174%); and (5) For other specialized services, the minimum level is forty-nine percent (49%), and the maximum level is one hundred sixty-four percent (164%). (e) The bureau shall publish the list of MS-DRGs included in each service category on its website, and the bureau shall update the list annually to reflect any changes as necessary. (f) The bureau shall maintain rules implementing the requirements of this section. All rules promulgated by the commissioner of finance and administration or the bureau prior to and in effect on July 1, 2016, concerning the annual coverage assessment under this part or Chapter 276 of the Public Acts of 2015, shall remain in force and effect and shall be administered and enforced by the bureau until these rules are modified. (g) The requirements of this section are not applicable in any state fiscal year or portion thereof that is subject to an adjustment to the state's budget neutrality agreement and in which CMS has approved the hospital coverage assessment base. Amended by 2024 Tenn. Acts, ch. 953,s 2, eff. 5/9/2024. Added by 2016 Tenn. Acts, ch. 854, s 1, eff. 7/1/2016.
(a) This section continues the hospital payment rate corridors applicable to payments by managed care organizations to hospitals for services provided to TennCare enrollees established by § 71-5-703(b)(3) , as enacted by Chapter 276 of the Public Acts of 2015.
(b) Hospital payment rate variation corridors shall be established by the state's actuary and approved by the bureau of TennCare for payments by managed care organizations to hospitals for services provided to TennCare enrollees as follows: (1) As required by § 71-5-703(b)(3) , as enacted by Chapter 276 of the Public Acts of 2015, the bureau shall implement provisions in its contractor risk agreements (CRAs) with all managed care organizations requiring payment rates for each hospital in the aggregate from all managed care organizations with which the hospital has network contracts to be no less than the minimum levels or more than the maximum levels set forth in subsections (c) and (d); and (2) Compliance with these standards shall be determined on the basis of the totality of all rates for the hospital by all managed care organizations in the aggregate with which it has a network contract, rather than on the basis of rates for a hospital under a network contract with an individual managed care organization. Managed care organizations shall not enter into or maintain a single case agreement or contract with any hospital that authorizes or requires rates for the hospital that do not conform to the hospital payment variability standards set forth in this section.
(1) As required by § 71-5-703(b)(3) , as enacted by Chapter 276 of the Public Acts of 2015, the bureau shall implement provisions in its contractor risk agreements (CRAs) with all managed care organizations requiring payment rates for each hospital in the aggregate from all managed care organizations with which the hospital has network contracts to be no less than the minimum levels or more than the maximum levels set forth in subsections (c) and (d); and
(2) Compliance with these standards shall be determined on the basis of the totality of all rates for the hospital by all managed care organizations in the aggregate with which it has a network contract, rather than on the basis of rates for a hospital under a network contract with an individual managed care organization. Managed care organizations shall not enter into or maintain a single case agreement or contract with any hospital that authorizes or requires rates for the hospital that do not conform to the hospital payment variability standards set forth in this section.
(c) The minimum and maximum levels for aggregate rates to hospitals for services to TennCare enrollees shall be based on the percentages of each hospital's federal fiscal year (FFY) 2011 medicare reimbursement set forth in subsection (d). Compliance with these minimum and maximum payment rates shall be determined on the basis of the totality of payments to a hospital for services to TennCare enrollees from all managed care organizations with which the hospital has a network contract. The variation corridors established by this subsection (c) are for the purpose of limiting the amount of variation in the rates paid by TennCare managed care organizations to hospitals, and this subsection (c) shall not create a right by a hospital to receive any actual amount of reimbursement in the aggregate from all TennCare managed care organizations.
(d) (1) For routine, nonspecialized inpatient services, the minimum level is fifty-three and eight-tenths percent (53.8%), and the maximum level is eighty percent (80%); (2) For outpatient services, the minimum level is ninety-three and two-tenths percent (93.2%), and the maximum level is one hundred and four percent (104%); (3) For cardiac surgery services, the minimum level is thirty-two percent (32%), and the maximum level is eighty-three percent (83%); (4) For specialized neonatal services, the minimum level is four percent (4%), and the maximum level is one hundred seventy-four percent (174%); and (5) For other specialized services, the minimum level is forty-nine percent (49%), and the maximum level is one hundred sixty-four percent (164%).
(1) For routine, nonspecialized inpatient services, the minimum level is fifty-three and eight-tenths percent (53.8%), and the maximum level is eighty percent (80%);
(2) For outpatient services, the minimum level is ninety-three and two-tenths percent (93.2%), and the maximum level is one hundred and four percent (104%);
(3) For cardiac surgery services, the minimum level is thirty-two percent (32%), and the maximum level is eighty-three percent (83%);
(4) For specialized neonatal services, the minimum level is four percent (4%), and the maximum level is one hundred seventy-four percent (174%); and
(5) For other specialized services, the minimum level is forty-nine percent (49%), and the maximum level is one hundred sixty-four percent (164%).
(e) The bureau shall publish the list of MS-DRGs included in each service category on its website, and the bureau shall update the list annually to reflect any changes as necessary.
(f) The bureau shall maintain rules implementing the requirements of this section. All rules promulgated by the commissioner of finance and administration or the bureau prior to and in effect on July 1, 2016, concerning the annual coverage assessment under this part or Chapter 276 of the Public Acts of 2015, shall remain in force and effect and shall be administered and enforced by the bureau until these rules are modified.
(g) The requirements of this section are not applicable in any state fiscal year or portion thereof that is subject to an adjustment to the state's budget neutrality agreement and in which CMS has approved the hospital coverage assessment base.
Amended by 2024 Tenn. Acts, ch. 953,s 2, eff. 5/9/2024.
Added by 2016 Tenn. Acts, ch. 854, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 71-5-2302 — TN Code / Title 71 / Chapter 5 / Section 71-5-2302
Exemption from road service
Status: in_force

The county legislative body may exempt from working on public roads any person unable, by manual labor or physical exertion, to make a support, whenever it appears to be just and right. Code 1858, § 1620 (deriv. Acts 1845-1846, ch. 97); Shan., § 2704; Code 1932, § 4820; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1979, ch. 23, § 8; T.C.A. (orig. ed.), §§ 14-1002, 14-20-302.
The county legislative body may exempt from working on public roads any person unable, by manual labor or physical exertion, to make a support, whenever it appears to be just and right.
Code 1858, § 1620 (deriv. Acts 1845-1846, ch. 97); Shan., § 2704; Code 1932, § 4820; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1979, ch. 23, § 8; T.C.A. (orig. ed.), §§ 14-1002, 14-20-302.
Tenn. Code Ann. § 71-5-1405 — TN Code / Title 71 / Chapter 5 / Section 71-5-1405
Single entry point into the long-term care system
Status: in_force

The commissioner shall ensure that there is a single entry point into the long-term care system that is responsible for ensuring that persons seeking care and their families have access to readily available, easy-to-understand information about long-term care options. Functions performed by the single entry point may include counseling and assistance in evaluating long-term care options, screening and intake for long-term care programs, facilitated enrollment for medicaid financial eligibility and assistance with evaluation of level of care in order to facilitate determination of medical eligibility for medicaid long-term care services. Activities performed by the single entry point shall be conducted based on clear and consistent policies, processes and timelines in order to expedite access to available long-term care programs and services. To ensure the most seamless and efficient system possible, medicaid-eligible persons shall not be required to go back through the single entry point in order to access long-term care services, but rather shall have a single entity that is responsible for coordinating all of the medicaid benefits the member may need, including medical, behavioral, nursing facility and home and community-based services. Acts 2008 , ch. 1190, § 6.
The commissioner shall ensure that there is a single entry point into the long-term care system that is responsible for ensuring that persons seeking care and their families have access to readily available, easy-to-understand information about long-term care options. Functions performed by the single entry point may include counseling and assistance in evaluating long-term care options, screening and intake for long-term care programs, facilitated enrollment for medicaid financial eligibility and assistance with evaluation of level of care in order to facilitate determination of medical eligibility for medicaid long-term care services. Activities performed by the single entry point shall be conducted based on clear and consistent policies, processes and timelines in order to expedite access to available long-term care programs and services. To ensure the most seamless and efficient system possible, medicaid-eligible persons shall not be required to go back through the single entry point in order to access long-term care services, but rather shall have a single entity that is responsible for coordinating all of the medicaid benefits the member may need, including medical, behavioral, nursing facility and home and community-based services.
Acts 2008 , ch. 1190, § 6.
Tenn. Code Ann. § 71-5-1001 — TN Code / Title 71 / Chapter 5 / Section 71-5-1001
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Account" means the nursing home assessment trust fund created under this part; (2) "Bureau" means the bureau of TennCare; (3) "Commencement date" means the later of July 1, 2014, or the date when the bureau has received the necessary federal approval to implement the assessment described in this part and implements the provisions of the nursing home assessment trust fund; (4) "Continuing care retirement community" means an entity or organization that offers on a single campus setting a continuum of services and facilities for each resident including single and congregate dwellings, assisted living units, and nursing facility services, pursuant to a contract between a resident and a provider by which the resident pays a fee for the right to occupy a space in a designated facility and to receive continuing care for life. Entities or organizations defined in this part shall have a minimum ratio of independent/assisted living beds to nursing facility beds of one-to-one; (5) "Fiscal year" (FY) means the twelve-month period beginning July 1st and ending June 30th of each calendar year; (6) "Fund" as used in this part shall mean the nursing home assessment trust fund created under this part; (7) "Medicaid" has the same meaning as "medical assistance" as defined in § 71-5-103 ; (8) "Medicare resident day" means a resident day funded under 42 U.S.C. Chapter 7 (Title XVIII of the Social Security Act) commonly referred to as the Medicare program Parts A-D; (9) "Net patient service revenue" means gross inpatient revenues from services provided to nursing home patients less reductions from gross inpatient revenue resulting from an inability to collect payment of charges. Inpatient care revenue excludes non-patient care revenue such as beauty and barber, vending income, interest and contributions, revenues from the sale of meals and all outpatient revenues. Reductions from gross revenue include bad debts, contractual adjustments, uncompensated care, discounts and adjustments and other revenue deductions; (10) "Nursing facility" means any entity defined as a nursing home under § 68-11-201 and licensed under title 68 by the department of health; (11) "Resident day" means a calendar day of care provided to a nursing home resident, including the day of admission and excluding the day of discharge; provided, that one (1) resident day shall be deemed to exist when admission and discharge occur on the same day; and (12) "Upper payment limit" means the limitation established pursuant to 42 C.F.R. 447.272 that disallows federal matching funds when state medicaid agencies pay certain classes of nursing care facilities an aggregate amount for services furnished by that class of nursing care facilities that would exceed the amount that would be paid under medicare payment principles. Amended by 2015 Tenn. Acts, ch. 360,s 1, eff. 7/1/2015. Acts 2014, ch. 859, § 1.
As used in this part, unless the context otherwise requires:
(1) "Account" means the nursing home assessment trust fund created under this part;
(2) "Bureau" means the bureau of TennCare;
(3) "Commencement date" means the later of July 1, 2014, or the date when the bureau has received the necessary federal approval to implement the assessment described in this part and implements the provisions of the nursing home assessment trust fund;
(4) "Continuing care retirement community" means an entity or organization that offers on a single campus setting a continuum of services and facilities for each resident including single and congregate dwellings, assisted living units, and nursing facility services, pursuant to a contract between a resident and a provider by which the resident pays a fee for the right to occupy a space in a designated facility and to receive continuing care for life. Entities or organizations defined in this part shall have a minimum ratio of independent/assisted living beds to nursing facility beds of one-to-one;
(5) "Fiscal year" (FY) means the twelve-month period beginning July 1st and ending June 30th of each calendar year;
(6) "Fund" as used in this part shall mean the nursing home assessment trust fund created under this part;
(7) "Medicaid" has the same meaning as "medical assistance" as defined in § 71-5-103 ;
(8) "Medicare resident day" means a resident day funded under 42 U.S.C. Chapter 7 (Title XVIII of the Social Security Act) commonly referred to as the Medicare program Parts A-D;
(9) "Net patient service revenue" means gross inpatient revenues from services provided to nursing home patients less reductions from gross inpatient revenue resulting from an inability to collect payment of charges. Inpatient care revenue excludes non-patient care revenue such as beauty and barber, vending income, interest and contributions, revenues from the sale of meals and all outpatient revenues. Reductions from gross revenue include bad debts, contractual adjustments, uncompensated care, discounts and adjustments and other revenue deductions;
(10) "Nursing facility" means any entity defined as a nursing home under § 68-11-201 and licensed under title 68 by the department of health;
(11) "Resident day" means a calendar day of care provided to a nursing home resident, including the day of admission and excluding the day of discharge; provided, that one (1) resident day shall be deemed to exist when admission and discharge occur on the same day; and
(12) "Upper payment limit" means the limitation established pursuant to 42 C.F.R. 447.272 that disallows federal matching funds when state medicaid agencies pay certain classes of nursing care facilities an aggregate amount for services furnished by that class of nursing care facilities that would exceed the amount that would be paid under medicare payment principles.
Amended by 2015 Tenn. Acts, ch. 360,s 1, eff. 7/1/2015.
Acts 2014, ch. 859, § 1.
Tenn. Code Ann. § 71-1-204 — TN Code / Title 71 / Chapter 1 / Section 71-1-204
Limitation on use of funds
Status: in_force

Funds provided under this part shall only be used to cover costs incurred by third party social service contractors to cover necessary capital expenditures, to provide cash flow, or for other proper purposes where payment is required in cash and cost reimbursement is unacceptable. Acts 1976, ch. 454, § 4; T.C.A., §§ 14-2404, 14-32-104.
Funds provided under this part shall only be used to cover costs incurred by third party social service contractors to cover necessary capital expenditures, to provide cash flow, or for other proper purposes where payment is required in cash and cost reimbursement is unacceptable.
Acts 1976, ch. 454, § 4; T.C.A., §§ 14-2404, 14-32-104.
Tenn. Code Ann. § 71-5-183 — TN Code / Title 71 / Chapter 5 / Section 71-5-183
Civil actions - Employee remedies
Status: in_force

(a) If the attorney general and reporter finds that a person has violated or is violating § 71-5-182 , the attorney general and reporter may bring a civil action under this section against the person. (b) (1) A person may bring a civil action for a violation of § 71-5-182 for the person and for the state. The action shall be brought in the name of the state of Tennessee. The action may be dismissed only if the court and the attorney general and reporter or district attorney general give written consent to the dismissal and their reasons for consenting. (2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the state. The complaint shall be filed in camera, shall remain under seal for at least sixty (60) days, and shall not be served on the defendant until the court so orders. The state may elect to intervene and proceed with the action within sixty (60) days after it receives both the complaint and the material evidence and information. (3) The state may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subdivision (b)(2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until twenty (20) days after the complaint is unsealed and served upon the defendant. (4) Before the expiration of the sixty-day period or any extensions obtained under subdivision (b)(3), the state shall: (A) Proceed with the action, in which case the action shall be conducted by the state; or (B) Notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. (5) When a person brings an action under this subsection (b), no person other than the state may intervene or bring a related action based on the facts underlying the pending action. (c) (1) If the state proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in subdivision (c)(2). (2) (A) The state may dismiss the action notwithstanding the objections of the person initiating the action, if the person has been notified by the state of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (B) The state may settle the action with the defendant notwithstanding the objections of the person initiating the action, if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (C) Upon a showing by the state that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as: (i) Limiting the number of witnesses the person may call; (ii) Limiting the length of the testimony of such witnesses; (iii) Limiting the person's cross-examination of witnesses; or (iv) Otherwise limiting the participation by the person in the litigation. (D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. (3) If the state elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the state so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts, at the state's expense. When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the state to intervene at a later date upon a showing of good cause. (4) Whether or not the state proceeds with the action, upon a showing by the state that certain actions of discovery by the person initiating the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty (60) days. Such a showing shall be conducted in camera. The court may extend the sixty-day period upon a further showing in camera that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (5) Notwithstanding subsection (b), the state may elect to pursue its claim through any alternate remedy available to the state, including any administrative proceeding to determine a civil monetary penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceedings as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. For purposes of this subdivision (c)(5), a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of jurisdiction, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review. (d) (1) (A) If the state proceeds with an action brought by a person under subsection (a), a person shall, subject to subdivision (d)(1)(B), receive at least fifteen percent (15%) but not more than twenty-five percent (25%) of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. (B) Where the action is one that the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, report, audit, investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than ten percent (10%) of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. (C) Any payment to a person under subdivisions (d)(1)(A) and (d)(1)(B) shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (2) If the state does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five percent (25%) and not more than thirty percent (30%) of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (3) Whether or not the state proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of § 71-5-182 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive under subdivision (d)(1) or (d)(2), taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from such person's role in the violation of § 71-5-181 , that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the state to continue the action. (4) If the state does not proceed with the action and the person bringing the action conducts the action, the court shall award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (e) (1) In no event may a person bring an action under subsection (b) that is based upon allegations or transactions that are the subject of a civil suit or an administrative civil monetary penalty proceeding in which the state is already a party. (2) (A) The court shall dismiss an action or claim under this section, unless opposed by the state, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil, or administrative hearing in which the state or its agent is a party; in a state legislative, state comptroller, or other state report, hearing, audit, or investigation; or from the news media, unless the action is brought by the attorney general and reporter or district attorney general or the person bringing the action is an original source of the information. (B) For purpose of this subdivision (e)(2), "original source" means an individual who either prior to a public disclosure under subdivision (e)(2)(A) has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based; or who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the state before filing an action under this section. (f) The state is not liable for expenses that a person incurs in bringing an action under this section. (g) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this section or other efforts to stop one (1) or more violations of §§ 71-5-181 - 71-5-185. The relief shall include reinstatement with the same seniority status the employee, contractor, or agent would have had but for the discrimination, two (2) times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An action under this subsection (g) may be brought in the appropriate court for the relief provided in this subsection (g), but may not be brought more than three (3) years after the date when the retaliation occurred. (h) (1) Upon written request of the attorney general and reporter, the bureau of TennCare may bring an action as an administrative proceeding on behalf of the state for recovery under § 71-5-182 against any person specified by the attorney general and reporter other than an enrollee, recipient or applicant, subject to the conditions set forth in this subsection (h). (2) The amount of actual damages that the state may seek in such administrative proceeding shall not exceed twenty-five thousand dollars ($25,000). This limit shall not apply to any civil penalties or costs that the state is eligible to recover under § 71-5-182 or to § 71-5-182 related to double or treble damages. (3) Notwithstanding § 71-5-182 , the civil penalty for each violation of § 71-5-182 in such administrative proceeding shall be not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000). (4) Any administrative action brought pursuant to this subsection (h) shall be subject to § 71-5-184 . (5) Any administrative action brought pursuant to this subsection (h) shall be initiated as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (6) The bureau of TennCare shall have authority to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, as are necessary to implement this subsection (h). For purposes of rendering a final order pursuant to the Uniform Administrative Procedures Act, the bureau of TennCare is designated as the agency to review initial orders and issue final agency decisions. Orders issued by the bureau of TennCare shall have the effect of a final order pursuant to the Uniform Administrative Procedures Act. (7) (A) Whenever an order issued by the bureau of TennCare pursuant to this part has become final, a notarized copy of the order may be filed in the office of the clerk of the chancery court of Davidson County. (B) When filed in accordance with this subsection (h), a final order shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited in the order. The judgment shall be promptly entered by the court. Except as otherwise provided in this subsection (h), the procedure for entry of judgment and the effect of the judgment shall be the same as provided in title 26, chapter 6. (C) A judgment entered pursuant to this subsection (h) shall become final on the date of entry. (D) A final judgment under this subsection (h) has the same effect, is subject to the same procedures and may be enforced or satisfied in the same manner as any other judgment of a court of record of this state. (8) Any recovery under this subsection (h) in excess of the amounts paid to reimburse the bureau of TennCare for damages and costs and to other interested parties shall be paid to the attorney general and reporter to be used to investigate and prosecute health care fraud in the TennCare program. (9) This subsection (h) is declared to be remedial in nature and shall be liberally construed to effectuate its purposes. Amended by 2013 Tenn. Acts, ch. 99,s 2, eff. 4/11/2013. Acts 1993, ch. 364, § 3; 2005, ch. 474, § 15; 2009, ch. 528, §§ 1, 2; 2012, ch. 806, §§ 6, 7, 9.
(a) If the attorney general and reporter finds that a person has violated or is violating § 71-5-182 , the attorney general and reporter may bring a civil action under this section against the person.
(b) (1) A person may bring a civil action for a violation of § 71-5-182 for the person and for the state. The action shall be brought in the name of the state of Tennessee. The action may be dismissed only if the court and the attorney general and reporter or district attorney general give written consent to the dismissal and their reasons for consenting. (2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the state. The complaint shall be filed in camera, shall remain under seal for at least sixty (60) days, and shall not be served on the defendant until the court so orders. The state may elect to intervene and proceed with the action within sixty (60) days after it receives both the complaint and the material evidence and information. (3) The state may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subdivision (b)(2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until twenty (20) days after the complaint is unsealed and served upon the defendant. (4) Before the expiration of the sixty-day period or any extensions obtained under subdivision (b)(3), the state shall: (A) Proceed with the action, in which case the action shall be conducted by the state; or (B) Notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. (5) When a person brings an action under this subsection (b), no person other than the state may intervene or bring a related action based on the facts underlying the pending action.
(1) A person may bring a civil action for a violation of § 71-5-182 for the person and for the state. The action shall be brought in the name of the state of Tennessee. The action may be dismissed only if the court and the attorney general and reporter or district attorney general give written consent to the dismissal and their reasons for consenting.
(2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the state. The complaint shall be filed in camera, shall remain under seal for at least sixty (60) days, and shall not be served on the defendant until the court so orders. The state may elect to intervene and proceed with the action within sixty (60) days after it receives both the complaint and the material evidence and information.
(3) The state may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subdivision (b)(2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until twenty (20) days after the complaint is unsealed and served upon the defendant.
(4) Before the expiration of the sixty-day period or any extensions obtained under subdivision (b)(3), the state shall: (A) Proceed with the action, in which case the action shall be conducted by the state; or (B) Notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action.
(A) Proceed with the action, in which case the action shall be conducted by the state; or
(B) Notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action.
(5) When a person brings an action under this subsection (b), no person other than the state may intervene or bring a related action based on the facts underlying the pending action.
(c) (1) If the state proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in subdivision (c)(2). (2) (A) The state may dismiss the action notwithstanding the objections of the person initiating the action, if the person has been notified by the state of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (B) The state may settle the action with the defendant notwithstanding the objections of the person initiating the action, if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (C) Upon a showing by the state that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as: (i) Limiting the number of witnesses the person may call; (ii) Limiting the length of the testimony of such witnesses; (iii) Limiting the person's cross-examination of witnesses; or (iv) Otherwise limiting the participation by the person in the litigation. (D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. (3) If the state elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the state so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts, at the state's expense. When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the state to intervene at a later date upon a showing of good cause. (4) Whether or not the state proceeds with the action, upon a showing by the state that certain actions of discovery by the person initiating the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty (60) days. Such a showing shall be conducted in camera. The court may extend the sixty-day period upon a further showing in camera that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (5) Notwithstanding subsection (b), the state may elect to pursue its claim through any alternate remedy available to the state, including any administrative proceeding to determine a civil monetary penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceedings as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. For purposes of this subdivision (c)(5), a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of jurisdiction, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
(1) If the state proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in subdivision (c)(2).
(2) (A) The state may dismiss the action notwithstanding the objections of the person initiating the action, if the person has been notified by the state of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (B) The state may settle the action with the defendant notwithstanding the objections of the person initiating the action, if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (C) Upon a showing by the state that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as: (i) Limiting the number of witnesses the person may call; (ii) Limiting the length of the testimony of such witnesses; (iii) Limiting the person's cross-examination of witnesses; or (iv) Otherwise limiting the participation by the person in the litigation. (D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
(A) The state may dismiss the action notwithstanding the objections of the person initiating the action, if the person has been notified by the state of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
(B) The state may settle the action with the defendant notwithstanding the objections of the person initiating the action, if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.
(C) Upon a showing by the state that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as: (i) Limiting the number of witnesses the person may call; (ii) Limiting the length of the testimony of such witnesses; (iii) Limiting the person's cross-examination of witnesses; or (iv) Otherwise limiting the participation by the person in the litigation.
(i) Limiting the number of witnesses the person may call;
(ii) Limiting the length of the testimony of such witnesses;
(iii) Limiting the person's cross-examination of witnesses; or
(iv) Otherwise limiting the participation by the person in the litigation.
(D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
(3) If the state elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the state so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts, at the state's expense. When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the state to intervene at a later date upon a showing of good cause.
(4) Whether or not the state proceeds with the action, upon a showing by the state that certain actions of discovery by the person initiating the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty (60) days. Such a showing shall be conducted in camera. The court may extend the sixty-day period upon a further showing in camera that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
(5) Notwithstanding subsection (b), the state may elect to pursue its claim through any alternate remedy available to the state, including any administrative proceeding to determine a civil monetary penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceedings as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. For purposes of this subdivision (c)(5), a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of jurisdiction, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
(d) (1) (A) If the state proceeds with an action brought by a person under subsection (a), a person shall, subject to subdivision (d)(1)(B), receive at least fifteen percent (15%) but not more than twenty-five percent (25%) of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. (B) Where the action is one that the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, report, audit, investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than ten percent (10%) of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. (C) Any payment to a person under subdivisions (d)(1)(A) and (d)(1)(B) shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (2) If the state does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five percent (25%) and not more than thirty percent (30%) of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (3) Whether or not the state proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of § 71-5-182 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive under subdivision (d)(1) or (d)(2), taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from such person's role in the violation of § 71-5-181 , that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the state to continue the action. (4) If the state does not proceed with the action and the person bringing the action conducts the action, the court shall award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
(1) (A) If the state proceeds with an action brought by a person under subsection (a), a person shall, subject to subdivision (d)(1)(B), receive at least fifteen percent (15%) but not more than twenty-five percent (25%) of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. (B) Where the action is one that the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, report, audit, investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than ten percent (10%) of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. (C) Any payment to a person under subdivisions (d)(1)(A) and (d)(1)(B) shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
(A) If the state proceeds with an action brought by a person under subsection (a), a person shall, subject to subdivision (d)(1)(B), receive at least fifteen percent (15%) but not more than twenty-five percent (25%) of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action.
(B) Where the action is one that the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, report, audit, investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than ten percent (10%) of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation.
(C) Any payment to a person under subdivisions (d)(1)(A) and (d)(1)(B) shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
(2) If the state does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five percent (25%) and not more than thirty percent (30%) of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
(3) Whether or not the state proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of § 71-5-182 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive under subdivision (d)(1) or (d)(2), taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from such person's role in the violation of § 71-5-181 , that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the state to continue the action.
(4) If the state does not proceed with the action and the person bringing the action conducts the action, the court shall award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
(e) (1) In no event may a person bring an action under subsection (b) that is based upon allegations or transactions that are the subject of a civil suit or an administrative civil monetary penalty proceeding in which the state is already a party. (2) (A) The court shall dismiss an action or claim under this section, unless opposed by the state, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil, or administrative hearing in which the state or its agent is a party; in a state legislative, state comptroller, or other state report, hearing, audit, or investigation; or from the news media, unless the action is brought by the attorney general and reporter or district attorney general or the person bringing the action is an original source of the information. (B) For purpose of this subdivision (e)(2), "original source" means an individual who either prior to a public disclosure under subdivision (e)(2)(A) has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based; or who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the state before filing an action under this section.
(1) In no event may a person bring an action under subsection (b) that is based upon allegations or transactions that are the subject of a civil suit or an administrative civil monetary penalty proceeding in which the state is already a party.
(2) (A) The court shall dismiss an action or claim under this section, unless opposed by the state, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil, or administrative hearing in which the state or its agent is a party; in a state legislative, state comptroller, or other state report, hearing, audit, or investigation; or from the news media, unless the action is brought by the attorney general and reporter or district attorney general or the person bringing the action is an original source of the information. (B) For purpose of this subdivision (e)(2), "original source" means an individual who either prior to a public disclosure under subdivision (e)(2)(A) has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based; or who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the state before filing an action under this section.
(A) The court shall dismiss an action or claim under this section, unless opposed by the state, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil, or administrative hearing in which the state or its agent is a party; in a state legislative, state comptroller, or other state report, hearing, audit, or investigation; or from the news media, unless the action is brought by the attorney general and reporter or district attorney general or the person bringing the action is an original source of the information.
(B) For purpose of this subdivision (e)(2), "original source" means an individual who either prior to a public disclosure under subdivision (e)(2)(A) has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based; or who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the state before filing an action under this section.
(f) The state is not liable for expenses that a person incurs in bringing an action under this section.
(g) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this section or other efforts to stop one (1) or more violations of §§ 71-5-181 - 71-5-185. The relief shall include reinstatement with the same seniority status the employee, contractor, or agent would have had but for the discrimination, two (2) times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An action under this subsection (g) may be brought in the appropriate court for the relief provided in this subsection (g), but may not be brought more than three (3) years after the date when the retaliation occurred.
(h) (1) Upon written request of the attorney general and reporter, the bureau of TennCare may bring an action as an administrative proceeding on behalf of the state for recovery under § 71-5-182 against any person specified by the attorney general and reporter other than an enrollee, recipient or applicant, subject to the conditions set forth in this subsection (h). (2) The amount of actual damages that the state may seek in such administrative proceeding shall not exceed twenty-five thousand dollars ($25,000). This limit shall not apply to any civil penalties or costs that the state is eligible to recover under § 71-5-182 or to § 71-5-182 related to double or treble damages. (3) Notwithstanding § 71-5-182 , the civil penalty for each violation of § 71-5-182 in such administrative proceeding shall be not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000). (4) Any administrative action brought pursuant to this subsection (h) shall be subject to § 71-5-184 . (5) Any administrative action brought pursuant to this subsection (h) shall be initiated as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (6) The bureau of TennCare shall have authority to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, as are necessary to implement this subsection (h). For purposes of rendering a final order pursuant to the Uniform Administrative Procedures Act, the bureau of TennCare is designated as the agency to review initial orders and issue final agency decisions. Orders issued by the bureau of TennCare shall have the effect of a final order pursuant to the Uniform Administrative Procedures Act. (7) (A) Whenever an order issued by the bureau of TennCare pursuant to this part has become final, a notarized copy of the order may be filed in the office of the clerk of the chancery court of Davidson County. (B) When filed in accordance with this subsection (h), a final order shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited in the order. The judgment shall be promptly entered by the court. Except as otherwise provided in this subsection (h), the procedure for entry of judgment and the effect of the judgment shall be the same as provided in title 26, chapter 6. (C) A judgment entered pursuant to this subsection (h) shall become final on the date of entry. (D) A final judgment under this subsection (h) has the same effect, is subject to the same procedures and may be enforced or satisfied in the same manner as any other judgment of a court of record of this state. (8) Any recovery under this subsection (h) in excess of the amounts paid to reimburse the bureau of TennCare for damages and costs and to other interested parties shall be paid to the attorney general and reporter to be used to investigate and prosecute health care fraud in the TennCare program. (9) This subsection (h) is declared to be remedial in nature and shall be liberally construed to effectuate its purposes.
(1) Upon written request of the attorney general and reporter, the bureau of TennCare may bring an action as an administrative proceeding on behalf of the state for recovery under § 71-5-182 against any person specified by the attorney general and reporter other than an enrollee, recipient or applicant, subject to the conditions set forth in this subsection (h).
(2) The amount of actual damages that the state may seek in such administrative proceeding shall not exceed twenty-five thousand dollars ($25,000). This limit shall not apply to any civil penalties or costs that the state is eligible to recover under § 71-5-182 or to § 71-5-182 related to double or treble damages.
(3) Notwithstanding § 71-5-182 , the civil penalty for each violation of § 71-5-182 in such administrative proceeding shall be not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000).
(4) Any administrative action brought pursuant to this subsection (h) shall be subject to § 71-5-184 .
(5) Any administrative action brought pursuant to this subsection (h) shall be initiated as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(6) The bureau of TennCare shall have authority to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, as are necessary to implement this subsection (h). For purposes of rendering a final order pursuant to the Uniform Administrative Procedures Act, the bureau of TennCare is designated as the agency to review initial orders and issue final agency decisions. Orders issued by the bureau of TennCare shall have the effect of a final order pursuant to the Uniform Administrative Procedures Act.
(7) (A) Whenever an order issued by the bureau of TennCare pursuant to this part has become final, a notarized copy of the order may be filed in the office of the clerk of the chancery court of Davidson County. (B) When filed in accordance with this subsection (h), a final order shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited in the order. The judgment shall be promptly entered by the court. Except as otherwise provided in this subsection (h), the procedure for entry of judgment and the effect of the judgment shall be the same as provided in title 26, chapter 6. (C) A judgment entered pursuant to this subsection (h) shall become final on the date of entry. (D) A final judgment under this subsection (h) has the same effect, is subject to the same procedures and may be enforced or satisfied in the same manner as any other judgment of a court of record of this state.
(A) Whenever an order issued by the bureau of TennCare pursuant to this part has become final, a notarized copy of the order may be filed in the office of the clerk of the chancery court of Davidson County.
(B) When filed in accordance with this subsection (h), a final order shall be considered as a judgment by consent of the parties on the same terms and conditions as those recited in the order. The judgment shall be promptly entered by the court. Except as otherwise provided in this subsection (h), the procedure for entry of judgment and the effect of the judgment shall be the same as provided in title 26, chapter 6.
(C) A judgment entered pursuant to this subsection (h) shall become final on the date of entry.
(D) A final judgment under this subsection (h) has the same effect, is subject to the same procedures and may be enforced or satisfied in the same manner as any other judgment of a court of record of this state.
(8) Any recovery under this subsection (h) in excess of the amounts paid to reimburse the bureau of TennCare for damages and costs and to other interested parties shall be paid to the attorney general and reporter to be used to investigate and prosecute health care fraud in the TennCare program.
(9) This subsection (h) is declared to be remedial in nature and shall be liberally construed to effectuate its purposes.
Amended by 2013 Tenn. Acts, ch. 99,s 2, eff. 4/11/2013.
Acts 1993, ch. 364, § 3; 2005, ch. 474, § 15; 2009, ch. 528, §§ 1, 2; 2012, ch. 806, §§ 6, 7, 9.
Tenn. Code Ann. § 71-3-603 — TN Code / Title 71 / Chapter 3 / Section 71-3-603
Admission of children
Status: in_force

All such asylums or houses at the option of its board may receive or take charge of any destitute orphan or indigent child of either sex, or children of indigent parents, under eighteen (18) years of age, from any part of the state. Acts 1885, ch. 92, § 3; Shan., § 4345; mod. Code 1932, § 4574; T.C.A. (orig. ed.), § 14-1203; Acts 1984, ch. 663, § 1; T.C.A. (orig. ed.), § 14-11-103.
All such asylums or houses at the option of its board may receive or take charge of any destitute orphan or indigent child of either sex, or children of indigent parents, under eighteen (18) years of age, from any part of the state.
Acts 1885, ch. 92, § 3; Shan., § 4345; mod. Code 1932, § 4574; T.C.A. (orig. ed.), § 14-1203; Acts 1984, ch. 663, § 1; T.C.A. (orig. ed.), § 14-11-103.
Tenn. Code Ann. § 71-6-123 — TN Code / Title 71 / Chapter 6 / Section 71-6-123
Reporting false accusations - Penalties - Investigation
Status: in_force

(a) It is an offense for a person to report to the department an accusation of abuse, sexual abuse, neglect or exploitation of an adult if, at the time of the report, the person knows or should know the accusation is false. (b) It is an offense for a person to knowingly cause another to report to the department an accusation of abuse, sexual abuse, neglect or exploitation of an adult if, at the time of the conduct, the person knows or should know the accusation is false. (c) A violation of this section is a Class A misdemeanor. (d) Notwithstanding § 71-6-118 to the contrary: (1) The department may report to the district attorney general or law enforcement authorities the identity of any person whom it reasonably believes has violated this section; and (2) The information such person reported or caused to be reported may be disclosed and utilized in any manner necessary by the department, the district attorney general or law enforcement authorities as part of any investigation or prosecution of a violation of this section. Acts 2008, ch. 1005, § 1.
(a) It is an offense for a person to report to the department an accusation of abuse, sexual abuse, neglect or exploitation of an adult if, at the time of the report, the person knows or should know the accusation is false.
(b) It is an offense for a person to knowingly cause another to report to the department an accusation of abuse, sexual abuse, neglect or exploitation of an adult if, at the time of the conduct, the person knows or should know the accusation is false.
(c) A violation of this section is a Class A misdemeanor.
(d) Notwithstanding § 71-6-118 to the contrary: (1) The department may report to the district attorney general or law enforcement authorities the identity of any person whom it reasonably believes has violated this section; and (2) The information such person reported or caused to be reported may be disclosed and utilized in any manner necessary by the department, the district attorney general or law enforcement authorities as part of any investigation or prosecution of a violation of this section.
(1) The department may report to the district attorney general or law enforcement authorities the identity of any person whom it reasonably believes has violated this section; and
(2) The information such person reported or caused to be reported may be disclosed and utilized in any manner necessary by the department, the district attorney general or law enforcement authorities as part of any investigation or prosecution of a violation of this section.
Acts 2008, ch. 1005, § 1.
Tenn. Code Ann. § 71-5-1422 — TN Code / Title 71 / Chapter 5 / Section 71-5-1422
Pilot project for disabled individuals and family members to self-direct supports and services
Status: in_force

(a) The department of disability and aging shall develop a pilot project proposal in accordance with this section. The long-term care services planning council shall be responsible for evaluating the implementation of the project. If funded in the general appropriations act, the pilot project shall be implemented and shall continue for three (3) years. The department shall annually report on the pilot project to the council, the health and welfare committee of the senate and the health committee of the house of representatives. At the end of the project the department shall report on the project to the council and to the standing committees of the senate and the house of representatives. The council shall also make reports of any evaluations that it might undertake of the project to the standing committees of the senate and the house of representatives. (b) The department of disability and aging shall develop a pilot project in a county or counties of one (1) of the area agencies on aging and disability (AAAD) and shall enter into a contract with the selected AAAD in order to implement the project. The project shall utilize the services of an aging and disability resource center located in the AAAD. Subject to any approvals required from the department by the contract, a working group from the selected AAAD shall design the project and determine whether to use a program manager in the project. In selecting the AAAD, the department shall consider any administrative and oversight efficiencies that locating the project in any particular AAAD might afford the project. (c) The project shall offer families with a member with a disability who requires long-term supports and services and individuals with a disability who require long-term supports and services opportunities to direct their own services. The families and individuals shall exercise choice, control and responsibility for their services within a cost neutral framework. (d) The project may involve the following: (1) Personal control and choice; (2) Encouragement of cost-effective decision-making in the purchase of supports and services; (3) Allowing eligible families and individuals to receive a cash allowance or an individual budget to obtain personal assistant services and related supports; and (4) Providing fiscal agent and supportive broker services to sustain individuals and families in directing their own services. Amended by 2024 Tenn. Acts, ch. 688,s 187, eff. 7/1/2024. Amended by 2013 Tenn. Acts, ch. 236, s 50, eff. 4/19/2013. Acts 2008 , ch. 1168, § 1.
(a) The department of disability and aging shall develop a pilot project proposal in accordance with this section. The long-term care services planning council shall be responsible for evaluating the implementation of the project. If funded in the general appropriations act, the pilot project shall be implemented and shall continue for three (3) years. The department shall annually report on the pilot project to the council, the health and welfare committee of the senate and the health committee of the house of representatives. At the end of the project the department shall report on the project to the council and to the standing committees of the senate and the house of representatives. The council shall also make reports of any evaluations that it might undertake of the project to the standing committees of the senate and the house of representatives.
(b) The department of disability and aging shall develop a pilot project in a county or counties of one (1) of the area agencies on aging and disability (AAAD) and shall enter into a contract with the selected AAAD in order to implement the project. The project shall utilize the services of an aging and disability resource center located in the AAAD. Subject to any approvals required from the department by the contract, a working group from the selected AAAD shall design the project and determine whether to use a program manager in the project. In selecting the AAAD, the department shall consider any administrative and oversight efficiencies that locating the project in any particular AAAD might afford the project.
(c) The project shall offer families with a member with a disability who requires long-term supports and services and individuals with a disability who require long-term supports and services opportunities to direct their own services. The families and individuals shall exercise choice, control and responsibility for their services within a cost neutral framework.
(d) The project may involve the following: (1) Personal control and choice; (2) Encouragement of cost-effective decision-making in the purchase of supports and services; (3) Allowing eligible families and individuals to receive a cash allowance or an individual budget to obtain personal assistant services and related supports; and (4) Providing fiscal agent and supportive broker services to sustain individuals and families in directing their own services.
(1) Personal control and choice;
(2) Encouragement of cost-effective decision-making in the purchase of supports and services;
(3) Allowing eligible families and individuals to receive a cash allowance or an individual budget to obtain personal assistant services and related supports; and
(4) Providing fiscal agent and supportive broker services to sustain individuals and families in directing their own services.
Amended by 2024 Tenn. Acts, ch. 688,s 187, eff. 7/1/2024.
Amended by 2013 Tenn. Acts, ch. 236, s 50, eff. 4/19/2013.
Acts 2008 , ch. 1168, § 1.
Tenn. Code Ann. § 71-5-2313 — TN Code / Title 71 / Chapter 5 / Section 71-5-2313
Welfare recipients may choose optometrist or physician - Exception - Fee schedule
Status: in_force

Whenever under any program for aid to the indigent, the aged, the blind or any other group, which program is supported in whole or in part by funds of the state or of any metropolitan, municipal or county government in this state and which includes services within the lawful scope of practice of a duly licensed optometrist as defined in § 63-8-102 , the recipient of such aid or the recipient's parent, guardian or conservator shall be entitled to choose whether such services are to be performed by a duly licensed physician or a duly licensed optometrist, notwithstanding any provision to the contrary in any other statute, except that in the case of federally supported programs, federal statutes and rules and regulations shall be followed where mandatory, and shall be paid for on a parity in accordance with a fee schedule established for such services by the department or agency, or both, administering the program. Acts 1965, ch. 357, § 3; T.C.A., §§ 14-1013, 14-20-313.
Whenever under any program for aid to the indigent, the aged, the blind or any other group, which program is supported in whole or in part by funds of the state or of any metropolitan, municipal or county government in this state and which includes services within the lawful scope of practice of a duly licensed optometrist as defined in § 63-8-102 , the recipient of such aid or the recipient's parent, guardian or conservator shall be entitled to choose whether such services are to be performed by a duly licensed physician or a duly licensed optometrist, notwithstanding any provision to the contrary in any other statute, except that in the case of federally supported programs, federal statutes and rules and regulations shall be followed where mandatory, and shall be paid for on a parity in accordance with a fee schedule established for such services by the department or agency, or both, administering the program.
Acts 1965, ch. 357, § 3; T.C.A., §§ 14-1013, 14-20-313.
Tenn. Code Ann. § 71-2-502 — TN Code / Title 71 / Chapter 2 / Section 71-2-502
Facilitation of automatic enrollment
Status: in_force

In facilitating automatic enrollment, TennCare may do one (1) or all of the following: (1) Enter into a contract that has been competitively procured, pursuant to title 12, with one (1) or more program sponsors, to facilitate automatic enrollment, which contracts shall be subject to comment by the fiscal review committee, pursuant to the procedures found under title 3, chapter 7; (2) Identify those medicare eligible enrollees who meet the federal income criteria for transitional assistance; (3) Preliminarily enroll the beneficiary into a preferred sponsor's program; (4) Apply for medicare transitional assistance program benefits through the medicare transitional assistance program on behalf of an eligible enrollee; and (5) Preliminarily enroll beneficiaries into a preferred program, with an opt-out provision for the individual. Acts 2005, ch. 474, § 4.
In facilitating automatic enrollment, TennCare may do one (1) or all of the following:
(1) Enter into a contract that has been competitively procured, pursuant to title 12, with one (1) or more program sponsors, to facilitate automatic enrollment, which contracts shall be subject to comment by the fiscal review committee, pursuant to the procedures found under title 3, chapter 7;
(2) Identify those medicare eligible enrollees who meet the federal income criteria for transitional assistance;
(3) Preliminarily enroll the beneficiary into a preferred sponsor's program;
(4) Apply for medicare transitional assistance program benefits through the medicare transitional assistance program on behalf of an eligible enrollee; and
(5) Preliminarily enroll beneficiaries into a preferred program, with an opt-out provision for the individual.
Acts 2005, ch. 474, § 4.
Tenn. Code Ann. § 71-4-401 — TN Code / Title 71 / Chapter 4 / Section 71-4-401
Program established - Purpose
Status: in_force

(a) The vocational rehabilitation service of the department of human services is authorized to establish and supervise a business enterprise program for the blind. (b) The purpose of this program shall be to promote the vocational rehabilitation of blind individuals and to assist them in becoming self-supporting. Acts 1949, ch. 99, § 1; C. Supp. 1950, § 4765.92 (Williams, § 4765.78a); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-619, 14-14-301; Acts 1994, ch. 723, § 1.
(a) The vocational rehabilitation service of the department of human services is authorized to establish and supervise a business enterprise program for the blind.
(b) The purpose of this program shall be to promote the vocational rehabilitation of blind individuals and to assist them in becoming self-supporting.
Acts 1949, ch. 99, § 1; C. Supp. 1950, § 4765.92 (Williams, § 4765.78a); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-619, 14-14-301; Acts 1994, ch. 723, § 1.
Tenn. Code Ann. § 71-5-123 — TN Code / Title 71 / Chapter 5 / Section 71-5-123
Statement of public officials as to interest in vendors or providers
Status: in_force

Any department head, deputy, assistant, or director of any state department, including, but not limited to, any person who certificates eligibles or who makes payments to vendors or providers participating under this part, and who holds any equity interest in any hospital, apothecary, nursing home, or other vendors or providers participating under this part, shall submit annually to the department of finance and administration information disclosing their interest in these vendors or providers. Acts 1969, ch. 326, § 5; T.C.A., §§ 14-1924, 14-23-123.
Any department head, deputy, assistant, or director of any state department, including, but not limited to, any person who certificates eligibles or who makes payments to vendors or providers participating under this part, and who holds any equity interest in any hospital, apothecary, nursing home, or other vendors or providers participating under this part, shall submit annually to the department of finance and administration information disclosing their interest in these vendors or providers.
Acts 1969, ch. 326, § 5; T.C.A., §§ 14-1924, 14-23-123.
Tenn. Code Ann. § 71-5-1414 — TN Code / Title 71 / Chapter 5 / Section 71-5-1414
Self-directed health care
Status: in_force

(a) The commissioner shall, upon approval of a waiver amendment granting authority from the federal government, develop and make available consumer-directed options for persons receiving home and community-based long-term care services under the long-term care program, which may include, but are not limited to, the ability to select, direct or employ persons delivering unskilled hands-on or support services, such as personal care services, personal care assistants/attendants, homemaker services, in-home respite, the ability to direct and supervise a paid personal aide in the performance of a health care task and the ability to manage, utilizing the services of a fiscal intermediary, an individual home and community-based services budget allowance based on functional assessment performed by a qualified entity and the availability of family and other caregivers who can help provide needed support. (b) Members eligible to receive home and community-based long-term care pursuant to this part may, subject to regulations promulgated by the commissioner, be permitted to use the budget allowance to direct payment, utilizing the services of a fiscal intermediary, for those home and community-based services that are necessary to meet the member's long-term care needs and to prevent or delay institutionalization and that are a cost-effective use of long-term care funds. Such services shall include only those services that are permitted under the medicaid state plan or any federal waivers or amendments thereto. (c) Notwithstanding any law or rule to the contrary, a competent adult with a functional disability living in the adult's own home or a caregiver acting on behalf of a minor child or incompetent adult living in the minor child's or the incompetent adult's own home may choose to direct and supervise a paid personal aide in the performance of a health care task. (d) For purposes of this section: (1) A competent adult is a person eighteen (18) years of age or older who has the capability and capacity to evaluate knowledgeably the options available and the risks attendant upon each and to make an informed decision, acting in accordance with the person's own preferences and values. A person is presumed competent unless a determination to the contrary is made; (2) A caregiver is a person who is: (A) Directly and personally involved in providing care for a minor child or incompetent adult; and (B) The parent, foster parent, family member, friend or legal guardian of such minor child or incompetent adult; (3) A person's home is the dwelling in which the person resides, whether the person owns, leases or rents such residence or whether the person resides in a dwelling owned, leased or rented by someone else. A person's home may include specified community-based residential alternatives to nursing facility care as promulgated in rules and regulations by the commissioner, but shall not include a nursing facility or assisted-care living facility setting; (4) A paid personal aide is any person providing paid home care services, such as personal care or homemaker services, that enable the person receiving care to remain at home whether the paid personal aide is employed by the person receiving care, a caregiver or by a contracted provider agency that has been authorized to provide home care services to that person; and (5) Health care tasks are those medical, nursing or home health services, beyond activities of daily living, that: (A) A person without a functional disability or a caregiver would customarily and personally perform without the assistance of a licensed health care provider; (B) The person is unable to perform for the person's own self due to a functional or cognitive limitation; (C) The treating physician, advanced practice registered nurse, or registered nurse determines can be safely performed in the home and community by a paid personal aide acting under the direction of a competent adult or caregiver; and (D) Enable the person to maintain independence, personal hygiene, and safety in the person's own home. (e) The individual or caregiver who chooses to self-direct a health care task is responsible for initiating self-direction by informing the health care professional who has ordered the treatment that involves the health care task of the individual or caregiver's intent to perform that task through self-direction. (f) When a licensed health care provider orders treatment involving a health care task to be performed through self-directed care, the responsibility to ascertain that the patient or caregiver understands the treatment and will be able to follow through on the self-directed care task is the same as it would be for a patient or caregiver who performs the health care task for the patient's or caregiver's own self, and the licensed health care provider incurs no additional liability when ordering a health care task that is to be performed through self-directed care. (g) The role of the personal aide in self-directed care is limited to performing the physical aspect of health care tasks under the direction of the person for whom the tasks are being done or that person's caregiver. This shall not affect the ability of a personal aide to provide other home care services, such as personal care or homemaker services, that enable the person to remain at home. (h) The responsibility to initiate self-directed health care tasks, to possess the necessary knowledge and training for those tasks and to exercise judgment regarding the manner of their performance rests and remains with the person or caregiver who has chosen to self-direct those tasks, including the decision to employ and dismiss a personal aide or to decide that a personal aide will no longer perform a health care task. (i) A description of health care tasks to be performed through self-directed care will be included in the person's care plan. (j) The commissioner shall promulgate rules that define the qualifications, training and oversight requirements for self-direction of health care tasks. The commissioner shall develop the rules with input from licensed health care professionals, including, but not limited to, representatives of the nursing and medical professions, as well as persons with functional limitations, caregivers and home and community-based services providers. Amended by 2016 Tenn. Acts, ch. 980, s 24, eff. 7/1/2016. Acts 2008 , ch. 1190, § 15.
(a) The commissioner shall, upon approval of a waiver amendment granting authority from the federal government, develop and make available consumer-directed options for persons receiving home and community-based long-term care services under the long-term care program, which may include, but are not limited to, the ability to select, direct or employ persons delivering unskilled hands-on or support services, such as personal care services, personal care assistants/attendants, homemaker services, in-home respite, the ability to direct and supervise a paid personal aide in the performance of a health care task and the ability to manage, utilizing the services of a fiscal intermediary, an individual home and community-based services budget allowance based on functional assessment performed by a qualified entity and the availability of family and other caregivers who can help provide needed support.
(b) Members eligible to receive home and community-based long-term care pursuant to this part may, subject to regulations promulgated by the commissioner, be permitted to use the budget allowance to direct payment, utilizing the services of a fiscal intermediary, for those home and community-based services that are necessary to meet the member's long-term care needs and to prevent or delay institutionalization and that are a cost-effective use of long-term care funds. Such services shall include only those services that are permitted under the medicaid state plan or any federal waivers or amendments thereto.
(c) Notwithstanding any law or rule to the contrary, a competent adult with a functional disability living in the adult's own home or a caregiver acting on behalf of a minor child or incompetent adult living in the minor child's or the incompetent adult's own home may choose to direct and supervise a paid personal aide in the performance of a health care task.
(d) For purposes of this section: (1) A competent adult is a person eighteen (18) years of age or older who has the capability and capacity to evaluate knowledgeably the options available and the risks attendant upon each and to make an informed decision, acting in accordance with the person's own preferences and values. A person is presumed competent unless a determination to the contrary is made; (2) A caregiver is a person who is: (A) Directly and personally involved in providing care for a minor child or incompetent adult; and (B) The parent, foster parent, family member, friend or legal guardian of such minor child or incompetent adult; (3) A person's home is the dwelling in which the person resides, whether the person owns, leases or rents such residence or whether the person resides in a dwelling owned, leased or rented by someone else. A person's home may include specified community-based residential alternatives to nursing facility care as promulgated in rules and regulations by the commissioner, but shall not include a nursing facility or assisted-care living facility setting; (4) A paid personal aide is any person providing paid home care services, such as personal care or homemaker services, that enable the person receiving care to remain at home whether the paid personal aide is employed by the person receiving care, a caregiver or by a contracted provider agency that has been authorized to provide home care services to that person; and (5) Health care tasks are those medical, nursing or home health services, beyond activities of daily living, that: (A) A person without a functional disability or a caregiver would customarily and personally perform without the assistance of a licensed health care provider; (B) The person is unable to perform for the person's own self due to a functional or cognitive limitation; (C) The treating physician, advanced practice registered nurse, or registered nurse determines can be safely performed in the home and community by a paid personal aide acting under the direction of a competent adult or caregiver; and (D) Enable the person to maintain independence, personal hygiene, and safety in the person's own home.
(1) A competent adult is a person eighteen (18) years of age or older who has the capability and capacity to evaluate knowledgeably the options available and the risks attendant upon each and to make an informed decision, acting in accordance with the person's own preferences and values. A person is presumed competent unless a determination to the contrary is made;
(2) A caregiver is a person who is: (A) Directly and personally involved in providing care for a minor child or incompetent adult; and (B) The parent, foster parent, family member, friend or legal guardian of such minor child or incompetent adult;
(A) Directly and personally involved in providing care for a minor child or incompetent adult; and
(B) The parent, foster parent, family member, friend or legal guardian of such minor child or incompetent adult;
(3) A person's home is the dwelling in which the person resides, whether the person owns, leases or rents such residence or whether the person resides in a dwelling owned, leased or rented by someone else. A person's home may include specified community-based residential alternatives to nursing facility care as promulgated in rules and regulations by the commissioner, but shall not include a nursing facility or assisted-care living facility setting;
(4) A paid personal aide is any person providing paid home care services, such as personal care or homemaker services, that enable the person receiving care to remain at home whether the paid personal aide is employed by the person receiving care, a caregiver or by a contracted provider agency that has been authorized to provide home care services to that person; and
(5) Health care tasks are those medical, nursing or home health services, beyond activities of daily living, that: (A) A person without a functional disability or a caregiver would customarily and personally perform without the assistance of a licensed health care provider; (B) The person is unable to perform for the person's own self due to a functional or cognitive limitation; (C) The treating physician, advanced practice registered nurse, or registered nurse determines can be safely performed in the home and community by a paid personal aide acting under the direction of a competent adult or caregiver; and (D) Enable the person to maintain independence, personal hygiene, and safety in the person's own home.
(A) A person without a functional disability or a caregiver would customarily and personally perform without the assistance of a licensed health care provider;
(B) The person is unable to perform for the person's own self due to a functional or cognitive limitation;
(C) The treating physician, advanced practice registered nurse, or registered nurse determines can be safely performed in the home and community by a paid personal aide acting under the direction of a competent adult or caregiver; and
(D) Enable the person to maintain independence, personal hygiene, and safety in the person's own home.
(e) The individual or caregiver who chooses to self-direct a health care task is responsible for initiating self-direction by informing the health care professional who has ordered the treatment that involves the health care task of the individual or caregiver's intent to perform that task through self-direction.
(f) When a licensed health care provider orders treatment involving a health care task to be performed through self-directed care, the responsibility to ascertain that the patient or caregiver understands the treatment and will be able to follow through on the self-directed care task is the same as it would be for a patient or caregiver who performs the health care task for the patient's or caregiver's own self, and the licensed health care provider incurs no additional liability when ordering a health care task that is to be performed through self-directed care.
(g) The role of the personal aide in self-directed care is limited to performing the physical aspect of health care tasks under the direction of the person for whom the tasks are being done or that person's caregiver. This shall not affect the ability of a personal aide to provide other home care services, such as personal care or homemaker services, that enable the person to remain at home.
(h) The responsibility to initiate self-directed health care tasks, to possess the necessary knowledge and training for those tasks and to exercise judgment regarding the manner of their performance rests and remains with the person or caregiver who has chosen to self-direct those tasks, including the decision to employ and dismiss a personal aide or to decide that a personal aide will no longer perform a health care task.
(i) A description of health care tasks to be performed through self-directed care will be included in the person's care plan.
(j) The commissioner shall promulgate rules that define the qualifications, training and oversight requirements for self-direction of health care tasks. The commissioner shall develop the rules with input from licensed health care professionals, including, but not limited to, representatives of the nursing and medical professions, as well as persons with functional limitations, caregivers and home and community-based services providers.
Amended by 2016 Tenn. Acts, ch. 980, s 24, eff. 7/1/2016.
Acts 2008 , ch. 1190, § 15.
Tenn. Code Ann. § 71-4-2107 — TN Code / Title 71 / Chapter 4 / Section 71-4-2107
Purposes of community service centers
Status: in_force

The purposes of community service centers for the deaf, deaf-blind and hard of hearing shall be to: (1) Inform deaf, deaf-blind, and hard of hearing persons and their families of their rights to services offered locally and to coordinate their referral to the appropriate organization; (2) Coordinate communication between deaf, deaf-blind, and hard of hearing persons and the desired agency or organization, and promote the accessibility of community services to deaf, deaf-blind, and hard of hearing persons; (3) Coordinate the provision of instruction in sign language to persons in community agencies; (4) Inform interested staff of community and professional organizations about the nature of deafness, deaf-blindness and hearing loss and the capabilities of people experiencing it; (5) Provide services as outlined by this part to employers of deaf, deaf-blind, and hard of hearing persons and related members of the family that may be involved; (6) Provide the specified services to the deaf, deaf-blind, and hard of hearing persons qualified under this part without cost; (7) Serve as an advocate for the rights and needs of people who are deaf, deaf-blind, and hard of hearing; and (8) Help deaf, deaf-blind, and hard of hearing citizens to become self-sufficient in meeting their needs in the community. Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013. Acts 1978, ch. 889, § 7; T.C.A., §§ 14-2507, 14-18-107; Acts 2001, ch. 174, § 18.
The purposes of community service centers for the deaf, deaf-blind and hard of hearing shall be to:
(1) Inform deaf, deaf-blind, and hard of hearing persons and their families of their rights to services offered locally and to coordinate their referral to the appropriate organization;
(2) Coordinate communication between deaf, deaf-blind, and hard of hearing persons and the desired agency or organization, and promote the accessibility of community services to deaf, deaf-blind, and hard of hearing persons;
(3) Coordinate the provision of instruction in sign language to persons in community agencies;
(4) Inform interested staff of community and professional organizations about the nature of deafness, deaf-blindness and hearing loss and the capabilities of people experiencing it;
(5) Provide services as outlined by this part to employers of deaf, deaf-blind, and hard of hearing persons and related members of the family that may be involved;
(6) Provide the specified services to the deaf, deaf-blind, and hard of hearing persons qualified under this part without cost;
(7) Serve as an advocate for the rights and needs of people who are deaf, deaf-blind, and hard of hearing; and
(8) Help deaf, deaf-blind, and hard of hearing citizens to become self-sufficient in meeting their needs in the community.
Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013.
Acts 1978, ch. 889, § 7; T.C.A., §§ 14-2507, 14-18-107; Acts 2001, ch. 174, § 18.
Tenn. Code Ann. § 71-4-505 — TN Code / Title 71 / Chapter 4 / Section 71-4-505
Cafeterias
Status: in_force

(a) The priority established by this part applies to cafeterias, as defined by the department, as limited by this section. (b) If a new cafeteria is to be constructed on public property or any existing cafeteria contracts on public properties expire, or both, the department shall receive notification pursuant to § 71-4-503 and shall be afforded the opportunity to submit a proposal for the operation of the proposed cafeteria. If the department's proposal, when considered with all other proposals, is found to be competitive in terms of quality of service, pricing of merchandise, and the rate of commission or the rental to be paid, then a priority shall be granted to the department and the cafeteria operation shall be awarded to the department. The department's proposal will not be considered competitive if its proposed payment of annual commissions, rental fees, or a combination of annual commission and rental fees, is not within two percent (2%) of that submitted by an organization that would otherwise be awarded the cafeteria operation. Nothing in this section shall be construed to allow the property management to take any action regarding an existing facility to defeat an already existing priority. (c) If the department's proposal is rejected and there is disagreement as to whether the department's proposal is competitive, the dispute shall be resolved in accordance with § 71-4-507 . Acts 1994, ch. 723, § 2.
(a) The priority established by this part applies to cafeterias, as defined by the department, as limited by this section.
(b) If a new cafeteria is to be constructed on public property or any existing cafeteria contracts on public properties expire, or both, the department shall receive notification pursuant to § 71-4-503 and shall be afforded the opportunity to submit a proposal for the operation of the proposed cafeteria. If the department's proposal, when considered with all other proposals, is found to be competitive in terms of quality of service, pricing of merchandise, and the rate of commission or the rental to be paid, then a priority shall be granted to the department and the cafeteria operation shall be awarded to the department. The department's proposal will not be considered competitive if its proposed payment of annual commissions, rental fees, or a combination of annual commission and rental fees, is not within two percent (2%) of that submitted by an organization that would otherwise be awarded the cafeteria operation. Nothing in this section shall be construed to allow the property management to take any action regarding an existing facility to defeat an already existing priority.
(c) If the department's proposal is rejected and there is disagreement as to whether the department's proposal is competitive, the dispute shall be resolved in accordance with § 71-4-507 .
Acts 1994, ch. 723, § 2.
Tenn. Code Ann. § 71-4-303 — TN Code / Title 71 / Chapter 4 / Section 71-4-303
Application for purchase of materials
Status: in_force

(a) Any blind person desiring that materials and supplies for home industries be purchased for such person's benefit shall make application to the director of services for the blind stating the materials desired, the finished product that it is proposed to make and form, the probable cost of the finished product, and the probable sale price of the finished product to be fabricated from such materials. (b) Each such application shall likewise contain an express covenant on the part of such person to repay to the fund the amount furnished by it for the purchase of materials and supplies for the person's benefit, and also shall contain an express covenant on the person's part to deliver to the director all the finished products so made from such materials or so much of such materials and supplies furnished and not used. Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); T.C.A. (orig. ed.), §§ 14-616, 14-14-203.
(a) Any blind person desiring that materials and supplies for home industries be purchased for such person's benefit shall make application to the director of services for the blind stating the materials desired, the finished product that it is proposed to make and form, the probable cost of the finished product, and the probable sale price of the finished product to be fabricated from such materials.
(b) Each such application shall likewise contain an express covenant on the part of such person to repay to the fund the amount furnished by it for the purchase of materials and supplies for the person's benefit, and also shall contain an express covenant on the person's part to deliver to the director all the finished products so made from such materials or so much of such materials and supplies furnished and not used.
Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); T.C.A. (orig. ed.), §§ 14-616, 14-14-203.
Tenn. Code Ann. § 71-6-106 — TN Code / Title 71 / Chapter 6 / Section 71-6-106
Privilege for confidential communications
Status: in_force

Notwithstanding the existence of the privilege for confidential communications between husband and wife, the chancellor at the hearing may compel testimony if, in the chancellor's opinion, disclosure is necessary in the interest of the adult. Acts 1978, ch. 899, § 1; T.C.A., §§ 14-2606, 14-25-106.
Notwithstanding the existence of the privilege for confidential communications between husband and wife, the chancellor at the hearing may compel testimony if, in the chancellor's opinion, disclosure is necessary in the interest of the adult.
Acts 1978, ch. 899, § 1; T.C.A., §§ 14-2606, 14-25-106.
Tenn. Code Ann. § 71-5-308 — TN Code / Title 71 / Chapter 5 / Section 71-5-308
Investigation of applications - Determination of eligibility
Status: in_force

(a) When an application for food stamp assistance is filed with the county office, the area manager, or a designated agent, shall promptly make or cause to be made such investigation as it may deem necessary. The object of such investigation shall be to ascertain facts supporting the application and such other information as may be required by the rules and regulations of the department. Upon the completion of such investigation, the area manager or the area manager's designated agent shall, within a reasonable period of time, determine eligibility. (b) (1) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for food stamp program benefits for such convictions, if such person, as determined by the department: (A) (i) Is currently participating in a substance abuse treatment program approved by the department of human services; (ii) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (iii) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (iv) Is determined by a treatment provider licensed by the department of health, division of alcohol and drug abuse services, not to need substance abuse treatment according to TennCare guidelines; and (B) Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations. (2) Eligibility based upon the factors in subdivision (b)(1) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors for program eligibility. (3) Notwithstanding subdivision (b)(1)(A) or (b)(1)(B) to the contrary, a person convicted of a Class A felony for violating title 39, chapter 17, part 4, or convicted of an offense in another jurisdiction that would be classified as a Class A felony under title 39, chapter 17, part 4, if committed in this state, is not eligible for the exemptions provided by this subsection (b). Amended by 2024 Tenn. Acts, ch. 570,s 5, eff. 7/1/2024. Acts 1971, ch. 136, § 8; 1973, ch. 337, § 5; T.C.A., §§ 14-2208, 14-27-108; Acts 1996, ch. 950, § 13; 2002, ch. 715, § 2.
(a) When an application for food stamp assistance is filed with the county office, the area manager, or a designated agent, shall promptly make or cause to be made such investigation as it may deem necessary. The object of such investigation shall be to ascertain facts supporting the application and such other information as may be required by the rules and regulations of the department. Upon the completion of such investigation, the area manager or the area manager's designated agent shall, within a reasonable period of time, determine eligibility.
(b) (1) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for food stamp program benefits for such convictions, if such person, as determined by the department: (A) (i) Is currently participating in a substance abuse treatment program approved by the department of human services; (ii) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (iii) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (iv) Is determined by a treatment provider licensed by the department of health, division of alcohol and drug abuse services, not to need substance abuse treatment according to TennCare guidelines; and (B) Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations. (2) Eligibility based upon the factors in subdivision (b)(1) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors for program eligibility. (3) Notwithstanding subdivision (b)(1)(A) or (b)(1)(B) to the contrary, a person convicted of a Class A felony for violating title 39, chapter 17, part 4, or convicted of an offense in another jurisdiction that would be classified as a Class A felony under title 39, chapter 17, part 4, if committed in this state, is not eligible for the exemptions provided by this subsection (b).
(1) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for food stamp program benefits for such convictions, if such person, as determined by the department: (A) (i) Is currently participating in a substance abuse treatment program approved by the department of human services; (ii) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (iii) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (iv) Is determined by a treatment provider licensed by the department of health, division of alcohol and drug abuse services, not to need substance abuse treatment according to TennCare guidelines; and (B) Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations.
(A) (i) Is currently participating in a substance abuse treatment program approved by the department of human services; (ii) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (iii) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (iv) Is determined by a treatment provider licensed by the department of health, division of alcohol and drug abuse services, not to need substance abuse treatment according to TennCare guidelines; and
(i) Is currently participating in a substance abuse treatment program approved by the department of human services;
(ii) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity;
(iii) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or
(iv) Is determined by a treatment provider licensed by the department of health, division of alcohol and drug abuse services, not to need substance abuse treatment according to TennCare guidelines; and
(B) Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations.
(2) Eligibility based upon the factors in subdivision (b)(1) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors for program eligibility.
(3) Notwithstanding subdivision (b)(1)(A) or (b)(1)(B) to the contrary, a person convicted of a Class A felony for violating title 39, chapter 17, part 4, or convicted of an offense in another jurisdiction that would be classified as a Class A felony under title 39, chapter 17, part 4, if committed in this state, is not eligible for the exemptions provided by this subsection (b).
Amended by 2024 Tenn. Acts, ch. 570,s 5, eff. 7/1/2024.
Acts 1971, ch. 136, § 8; 1973, ch. 337, § 5; T.C.A., §§ 14-2208, 14-27-108; Acts 1996, ch. 950, § 13; 2002, ch. 715, § 2.
Tenn. Code Ann. § 71-5-121 — TN Code / Title 71 / Chapter 5 / Section 71-5-121
Transfer of income or resources
Status: in_force

In all actions for the transfer of income or resources from an institutionalized spouse for the support of the community spouse, the court shall apply the standards utilized to determine medicaid eligibility in this state, regardless of any state laws relating to community property or the division of marital property. Acts 2002, ch. 880, § 16.
In all actions for the transfer of income or resources from an institutionalized spouse for the support of the community spouse, the court shall apply the standards utilized to determine medicaid eligibility in this state, regardless of any state laws relating to community property or the division of marital property.
Acts 2002, ch. 880, § 16.
Tenn. Code Ann. § 71-1-119 — TN Code / Title 71 / Chapter 1 / Section 71-1-119
Utilization of senior citizens' services
Status: in_force

The department may establish a program utilizing senior citizens as volunteers and, to the extent funds are available, as employees in programs that provide services for children, persons with disabilities and other senior citizens. The department may utilize such federal funds as are available for these purposes. Acts 1974, ch. 706, § 1; impl. am. Acts 1975, ch. 219, § 1; T.C.A., §§ 14-119, 14-1-119; Acts 2011, ch. 47, § 96.
The department may establish a program utilizing senior citizens as volunteers and, to the extent funds are available, as employees in programs that provide services for children, persons with disabilities and other senior citizens. The department may utilize such federal funds as are available for these purposes.
Acts 1974, ch. 706, § 1; impl. am. Acts 1975, ch. 219, § 1; T.C.A., §§ 14-119, 14-1-119; Acts 2011, ch. 47, § 96.
Tenn. Code Ann. § 71-5-139 — TN Code / Title 71 / Chapter 5 / Section 71-5-139
Protection of TennCare patients' federal and court ordered rights by health care providers receiving TennCare funds
Status: in_force

(a) In order to protect TennCare patients and ensure the state's compliance with applicable federal regulations or court order, managed care organizations, behavioral health organizations and certain health care providers that receive TennCare funds shall comply with the following requirements: (1) Whenever a TennCare enrollee is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of inpatient hospital care, where the service being provided to the enrollee is to treat an enrollee's chronic condition across a continuum of services when the next appropriate level of medical service is not immediately available, it shall be the duty of the hospital where the patient is receiving care to timely notify the patient's managed care organization of that fact. The hospital shall also have a duty to cooperate with the managed care organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive inpatient care, as authorized by such applicable federal regulations or court order, because the next level of care prescribed for the patient is not immediately available, the managed care organization shall reimburse the hospital for such additional care. Nothing in this subdivision (a)(1) relieves the managed care organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient; (2) Whenever a TennCare enrollee is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of home health services, it shall be the duty of the home care organization that has been caring for the patient to timely notify the patient's managed care organization of the proposed change. The home care organization shall cooperate with the managed care organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive home health services, as authorized by such applicable federal regulations or court order, the managed care organization shall reimburse the home care organization for such additional services. Nothing in this subdivision (a)(2) relieves the managed care organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient; (3) Whenever a TennCare enrollee is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of inpatient psychiatric or residential service, it shall be the duty of the facility where the patient is receiving care to timely notify the patient's behavioral health organization of the proposed change. The facility shall also have a duty to cooperate with the behavioral health organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive inpatient or residential care, as authorized by such applicable federal regulations or court order, the behavioral health organization shall reimburse the facility for such additional care. Nothing in this subdivision (a)(3) relieves the behavioral health organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient; and (4) Whenever a TennCare enrollee who is classified as severely and persistently mentally ill, or severely emotionally disturbed, is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of behavioral health service, it shall be the duty of the health care provider who is caring for the patient to timely notify the patient's behavioral health organization of the proposed change. The provider shall also have a duty to cooperate with the behavioral health organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive such behavioral health service, as authorized by such applicable federal regulations or court order, the behavioral health organization shall reimburse the provider for that additional care. Nothing in this subdivision (a)(4) relieves the behavioral health organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient. (b) The commissioner of finance and administration is authorized to promulgate emergency rules pursuant to § 4-5-208 as necessary to implement this section. Acts 2001, ch. 346, § 1; 2009, ch. 566, § 12.
(a) In order to protect TennCare patients and ensure the state's compliance with applicable federal regulations or court order, managed care organizations, behavioral health organizations and certain health care providers that receive TennCare funds shall comply with the following requirements: (1) Whenever a TennCare enrollee is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of inpatient hospital care, where the service being provided to the enrollee is to treat an enrollee's chronic condition across a continuum of services when the next appropriate level of medical service is not immediately available, it shall be the duty of the hospital where the patient is receiving care to timely notify the patient's managed care organization of that fact. The hospital shall also have a duty to cooperate with the managed care organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive inpatient care, as authorized by such applicable federal regulations or court order, because the next level of care prescribed for the patient is not immediately available, the managed care organization shall reimburse the hospital for such additional care. Nothing in this subdivision (a)(1) relieves the managed care organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient; (2) Whenever a TennCare enrollee is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of home health services, it shall be the duty of the home care organization that has been caring for the patient to timely notify the patient's managed care organization of the proposed change. The home care organization shall cooperate with the managed care organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive home health services, as authorized by such applicable federal regulations or court order, the managed care organization shall reimburse the home care organization for such additional services. Nothing in this subdivision (a)(2) relieves the managed care organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient; (3) Whenever a TennCare enrollee is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of inpatient psychiatric or residential service, it shall be the duty of the facility where the patient is receiving care to timely notify the patient's behavioral health organization of the proposed change. The facility shall also have a duty to cooperate with the behavioral health organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive inpatient or residential care, as authorized by such applicable federal regulations or court order, the behavioral health organization shall reimburse the facility for such additional care. Nothing in this subdivision (a)(3) relieves the behavioral health organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient; and (4) Whenever a TennCare enrollee who is classified as severely and persistently mentally ill, or severely emotionally disturbed, is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of behavioral health service, it shall be the duty of the health care provider who is caring for the patient to timely notify the patient's behavioral health organization of the proposed change. The provider shall also have a duty to cooperate with the behavioral health organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive such behavioral health service, as authorized by such applicable federal regulations or court order, the behavioral health organization shall reimburse the provider for that additional care. Nothing in this subdivision (a)(4) relieves the behavioral health organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient.
(1) Whenever a TennCare enrollee is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of inpatient hospital care, where the service being provided to the enrollee is to treat an enrollee's chronic condition across a continuum of services when the next appropriate level of medical service is not immediately available, it shall be the duty of the hospital where the patient is receiving care to timely notify the patient's managed care organization of that fact. The hospital shall also have a duty to cooperate with the managed care organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive inpatient care, as authorized by such applicable federal regulations or court order, because the next level of care prescribed for the patient is not immediately available, the managed care organization shall reimburse the hospital for such additional care. Nothing in this subdivision (a)(1) relieves the managed care organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient;
(2) Whenever a TennCare enrollee is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of home health services, it shall be the duty of the home care organization that has been caring for the patient to timely notify the patient's managed care organization of the proposed change. The home care organization shall cooperate with the managed care organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive home health services, as authorized by such applicable federal regulations or court order, the managed care organization shall reimburse the home care organization for such additional services. Nothing in this subdivision (a)(2) relieves the managed care organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient;
(3) Whenever a TennCare enrollee is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of inpatient psychiatric or residential service, it shall be the duty of the facility where the patient is receiving care to timely notify the patient's behavioral health organization of the proposed change. The facility shall also have a duty to cooperate with the behavioral health organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive inpatient or residential care, as authorized by such applicable federal regulations or court order, the behavioral health organization shall reimburse the facility for such additional care. Nothing in this subdivision (a)(3) relieves the behavioral health organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient; and
(4) Whenever a TennCare enrollee who is classified as severely and persistently mentally ill, or severely emotionally disturbed, is entitled under applicable federal regulations or court order to notice and an opportunity to appeal a provider initiated reduction, termination or suspension of behavioral health service, it shall be the duty of the health care provider who is caring for the patient to timely notify the patient's behavioral health organization of the proposed change. The provider shall also have a duty to cooperate with the behavioral health organization in the provision to the patient of timely notice of the patient's rights under such applicable federal regulations or court order. In the event that a TennCare enrollee continues to receive such behavioral health service, as authorized by such applicable federal regulations or court order, the behavioral health organization shall reimburse the provider for that additional care. Nothing in this subdivision (a)(4) relieves the behavioral health organization of its ultimate responsibility for ensuring compliance with applicable federal regulations or court order, with respect to the provision of notice and services to the patient.
(b) The commissioner of finance and administration is authorized to promulgate emergency rules pursuant to § 4-5-208 as necessary to implement this section.
Acts 2001, ch. 346, § 1; 2009, ch. 566, § 12.
Tenn. Code Ann. § 71-1-116 — TN Code / Title 71 / Chapter 1 / Section 71-1-116
Judicial enforcement of subpoena - Notice - Inspection of employment records and credit bureau reports
Status: in_force

(a) (1) If a person, firm, or corporation subpoenaed pursuant to authority granted pursuant to § 71-1-105(a)(17)(A) fails to comply with the subpoena, after reasonable notice to the person, firm, or corporation, the department may seek judicial enforcement of the subpoena by filing, through the attorney general and reporter, a petition with the circuit or chancery court of Davidson County or of the judicial district in which such person, firm, or corporation resides. (2) A petition filed pursuant to subdivision (a)(1) must incorporate or be accompanied by a certification regarding the notice given and the failure of such person, firm, or corporation to attend or produce the items requested. (3) Upon the filing of a petition pursuant to subdivision (a)(1) in the proper form, the court shall order the person, firm, or corporation named in the petition to appear and show cause why the person, firm, or corporation should not be required to comply with the subpoena or be held in contempt for failure to comply. The court may employ all judicial power provided by law to compel compliance with a subpoena requested pursuant to subdivision (a)(1), including the powers granted in §§ 29-9-103 - 29-9-106. The court is authorized to impose costs and sanctions against any person, firm, or corporation against whom a petition is filed pursuant to subdivision (a)(1) in the same manner and on the same bases as may be imposed for failure to comply with judicially issued subpoenas under the Tennessee Rules of Civil Procedure. The court may order the person, firm, or corporation to comply with the subpoena and may punish each day of noncompliance with the order as a separate contempt of court. (4) The subpoena enforcement remedies set forth in subdivision (a)(3) are cumulative and not exclusive of any other remedies provided by law. (b) Employment records, as defined in § 71-1-105(a)(17)(B) , shall be open to inspection and copying by a department representative at any reasonable time and as often as may be necessary. (c) The department shall also have the right to compare information reported to the department by applicants or recipients with data maintained by the credit bureaus. Added by 2018 Tenn. Acts, ch. 789,s 2, eff. 12/1/2018.
(a) (1) If a person, firm, or corporation subpoenaed pursuant to authority granted pursuant to § 71-1-105(a)(17)(A) fails to comply with the subpoena, after reasonable notice to the person, firm, or corporation, the department may seek judicial enforcement of the subpoena by filing, through the attorney general and reporter, a petition with the circuit or chancery court of Davidson County or of the judicial district in which such person, firm, or corporation resides. (2) A petition filed pursuant to subdivision (a)(1) must incorporate or be accompanied by a certification regarding the notice given and the failure of such person, firm, or corporation to attend or produce the items requested. (3) Upon the filing of a petition pursuant to subdivision (a)(1) in the proper form, the court shall order the person, firm, or corporation named in the petition to appear and show cause why the person, firm, or corporation should not be required to comply with the subpoena or be held in contempt for failure to comply. The court may employ all judicial power provided by law to compel compliance with a subpoena requested pursuant to subdivision (a)(1), including the powers granted in §§ 29-9-103 - 29-9-106. The court is authorized to impose costs and sanctions against any person, firm, or corporation against whom a petition is filed pursuant to subdivision (a)(1) in the same manner and on the same bases as may be imposed for failure to comply with judicially issued subpoenas under the Tennessee Rules of Civil Procedure. The court may order the person, firm, or corporation to comply with the subpoena and may punish each day of noncompliance with the order as a separate contempt of court. (4) The subpoena enforcement remedies set forth in subdivision (a)(3) are cumulative and not exclusive of any other remedies provided by law.
(1) If a person, firm, or corporation subpoenaed pursuant to authority granted pursuant to § 71-1-105(a)(17)(A) fails to comply with the subpoena, after reasonable notice to the person, firm, or corporation, the department may seek judicial enforcement of the subpoena by filing, through the attorney general and reporter, a petition with the circuit or chancery court of Davidson County or of the judicial district in which such person, firm, or corporation resides.
(2) A petition filed pursuant to subdivision (a)(1) must incorporate or be accompanied by a certification regarding the notice given and the failure of such person, firm, or corporation to attend or produce the items requested.
(3) Upon the filing of a petition pursuant to subdivision (a)(1) in the proper form, the court shall order the person, firm, or corporation named in the petition to appear and show cause why the person, firm, or corporation should not be required to comply with the subpoena or be held in contempt for failure to comply. The court may employ all judicial power provided by law to compel compliance with a subpoena requested pursuant to subdivision (a)(1), including the powers granted in §§ 29-9-103 - 29-9-106. The court is authorized to impose costs and sanctions against any person, firm, or corporation against whom a petition is filed pursuant to subdivision (a)(1) in the same manner and on the same bases as may be imposed for failure to comply with judicially issued subpoenas under the Tennessee Rules of Civil Procedure. The court may order the person, firm, or corporation to comply with the subpoena and may punish each day of noncompliance with the order as a separate contempt of court.
(4) The subpoena enforcement remedies set forth in subdivision (a)(3) are cumulative and not exclusive of any other remedies provided by law.
(b) Employment records, as defined in § 71-1-105(a)(17)(B) , shall be open to inspection and copying by a department representative at any reasonable time and as often as may be necessary.
(c) The department shall also have the right to compare information reported to the department by applicants or recipients with data maintained by the credit bureaus.
Added by 2018 Tenn. Acts, ch. 789,s 2, eff. 12/1/2018.
Tenn. Code Ann. § 71-4-1202 — TN Code / Title 71 / Chapter 4 / Section 71-4-1202
Authorized
Status: in_force

The division shall subsidize personal care assistance services pursuant to this part for an individual eligible under § 71-4-1205 . Such subsidy for any individual shall not exceed forty (40) hours per week. Acts 1986, ch. 905, § 4; T.C.A., § 14-16-202.
The division shall subsidize personal care assistance services pursuant to this part for an individual eligible under § 71-4-1205 . Such subsidy for any individual shall not exceed forty (40) hours per week.
Acts 1986, ch. 905, § 4; T.C.A., § 14-16-202.
Tenn. Code Ann. § 71-5-1411 — TN Code / Title 71 / Chapter 5 / Section 71-5-1411
Plan to expand cost-effective community-based residential alternatives to institutional care
Status: in_force

(a) The commissioner shall develop and implement a plan to expand cost-effective community-based residential alternatives to institutional care for persons who are elderly or adults with physical disabilities, or both, which may include, but not limited to, the development of multiple levels of assisted-care living facility services, adult family care homes, adult foster care homes, companion care models and other cost-effective residential alternatives to nursing facility care. (b) The commissioner and the board for licensing health care facilities shall work to develop or modify, or both, licensure requirements for such facilities to support a nursing facility substitute framework for members who want to age in place in residences that offer increasing levels of cost-effective home and community-based care as an alternative to institutionalization as members' needs change. Acts 2008 , ch. 1190, § 12.
(a) The commissioner shall develop and implement a plan to expand cost-effective community-based residential alternatives to institutional care for persons who are elderly or adults with physical disabilities, or both, which may include, but not limited to, the development of multiple levels of assisted-care living facility services, adult family care homes, adult foster care homes, companion care models and other cost-effective residential alternatives to nursing facility care.
(b) The commissioner and the board for licensing health care facilities shall work to develop or modify, or both, licensure requirements for such facilities to support a nursing facility substitute framework for members who want to age in place in residences that offer increasing levels of cost-effective home and community-based care as an alternative to institutionalization as members' needs change.
Acts 2008 , ch. 1190, § 12.
Tenn. Code Ann. § 71-5-201 — TN Code / Title 71 / Chapter 5 / Section 71-5-201
Reimbursement for services - Authorization
Status: in_force

(a) Any community or neighborhood health organization or clinic providing medical services to patients through the utilization of medical students presently enrolled in a medical school accredited by the Association of American Medical Colleges, licensed registered nurses, qualified physician assistants, or any combination of students, registered nurses, and physician assistants where such students, registered nurses, and physician assistants, are under the direction of a licensed physician or physicians, may receive payment for their per patient expenses, or portion of the expenses, which may include, but are not limited to, administrative expenses, overhead expenses, and salaries. (b) [Deleted by 2021 amendment.] Amended by 2021 Tenn. Acts, ch. 565, s 11, eff. 5/26/2021. Acts 1973, ch. 262, § 2; 1975, ch. 58, § 1; T.C.A., § 14-1929; Acts 1981, ch. 476, § 5; 1983, ch. 168, § 11; 1984, ch. 787, § 11; T.C.A., § 14-23-201.
(a) Any community or neighborhood health organization or clinic providing medical services to patients through the utilization of medical students presently enrolled in a medical school accredited by the Association of American Medical Colleges, licensed registered nurses, qualified physician assistants, or any combination of students, registered nurses, and physician assistants where such students, registered nurses, and physician assistants, are under the direction of a licensed physician or physicians, may receive payment for their per patient expenses, or portion of the expenses, which may include, but are not limited to, administrative expenses, overhead expenses, and salaries.
(b) [Deleted by 2021 amendment.]
Amended by 2021 Tenn. Acts, ch. 565, s 11, eff. 5/26/2021.
Acts 1973, ch. 262, § 2; 1975, ch. 58, § 1; T.C.A., § 14-1929; Acts 1981, ch. 476, § 5; 1983, ch. 168, § 11; 1984, ch. 787, § 11; T.C.A., § 14-23-201.
Tenn. Code Ann. § 71-6-207 — TN Code / Title 71 / Chapter 6 / Section 71-6-207
Legislative intent
Status: in_force

It is the legislative intent that in providing services to family violence victims that shelter services be provided to male children twelve (12) to eighteen (18) years of age to the maximum extent feasible. Acts 1984, ch. 930, § 8; T.C.A., § 14-33-107.
It is the legislative intent that in providing services to family violence victims that shelter services be provided to male children twelve (12) to eighteen (18) years of age to the maximum extent feasible.
Acts 1984, ch. 930, § 8; T.C.A., § 14-33-107.
Tenn. Code Ann. § 71-5-2510 — TN Code / Title 71 / Chapter 5 / Section 71-5-2510
Investigations of fraud or abuse involving managed care organizations
Status: in_force

Notwithstanding any other provision of this chapter or of title 38, the Tennessee bureau of investigation and the office of inspector general are authorized to investigate allegations of fraud or abuse involving TennCare managed care organizations. Acts 2005, ch. 157, § 2.
Notwithstanding any other provision of this chapter or of title 38, the Tennessee bureau of investigation and the office of inspector general are authorized to investigate allegations of fraud or abuse involving TennCare managed care organizations.
Acts 2005, ch. 157, § 2.
Tenn. Code Ann. § 71-5-170 — TN Code / Title 71 / Chapter 5 / Section 71-5-170
Denial of non-opioid prescription in favor of opioid prescription prohibited
Status: in_force

Notwithstanding another law, when a healthcare prescriber prescribes a non-opioid medication for the treatment of acute or chronic pain, a managed care organization or other health insurance issuer shall not deny coverage of the non-opioid prescription drug in favor of an opioid prescription drug. As used in this section, "healthcare prescriber" means a prescriber as defined in § 53-10-203 . Added by 2024 Tenn. Acts, ch. 762,s 3, eff. 7/1/2024.
Notwithstanding another law, when a healthcare prescriber prescribes a non-opioid medication for the treatment of acute or chronic pain, a managed care organization or other health insurance issuer shall not deny coverage of the non-opioid prescription drug in favor of an opioid prescription drug. As used in this section, "healthcare prescriber" means a prescriber as defined in § 53-10-203 .
Added by 2024 Tenn. Acts, ch. 762,s 3, eff. 7/1/2024.
Tenn. Code Ann. § 71-1-135 — TN Code / Title 71 / Chapter 1 / Section 71-1-135
Victims of human trafficking
Status: in_force

(a) The commissioner of human services shall establish a plan for the delivery of services to victims of human trafficking after consultation with the following departments: (1) Department of children's services; (2) Department of health; (3) Department of disability and aging; (4) Department of mental health and substance abuse services; and (5) Tennessee bureau of investigation. (b) The plan developed under subsection (a) shall include, but not be limited to, provisions to: (1) Identify victims of human trafficking in this state; (2) Identify community-based services for victims of human trafficking; (3) Assist victims of human trafficking through the provision of information regarding access to benefits and services to which those victims may be entitled; (4) Coordinate delivery of services and information concerning health care, mental health care, legal services, housing, job training, education and victim's compensation funds; (5) Prepare and disseminate educational materials and provide training programs to increase awareness of human trafficking and the services available to victims; and (6) Assist victims of human trafficking with family reunification. (c) In addition to the requirements of subsection (b), the plan shall include a timeline for which the department anticipates the state would be capable of implementing the plan, along with anticipated rates of assistance to victims of human trafficking, cost of implementation, an itemized rationale for both, and any other factor that the department opines will significantly contribute to or detract from the success of implementing the plan. (d) By July 1, 2013, the department of human services shall transmit a copy of the plan and issue a report to the chair of the judiciary committee of the senate and the chair of the judiciary committee of the house of representatives. Amended by 2024 Tenn. Acts, ch. 688,s 178, eff. 7/1/2024. Amended by 2019 Tenn. Acts, ch. 345, s 132, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 33, eff. 4/19/2013. Acts 2012 , ch. 575, § 1; 2012 , ch. 963, § 1.
(a) The commissioner of human services shall establish a plan for the delivery of services to victims of human trafficking after consultation with the following departments: (1) Department of children's services; (2) Department of health; (3) Department of disability and aging; (4) Department of mental health and substance abuse services; and (5) Tennessee bureau of investigation.
(1) Department of children's services;
(2) Department of health;
(3) Department of disability and aging;
(4) Department of mental health and substance abuse services; and
(5) Tennessee bureau of investigation.
(b) The plan developed under subsection (a) shall include, but not be limited to, provisions to: (1) Identify victims of human trafficking in this state; (2) Identify community-based services for victims of human trafficking; (3) Assist victims of human trafficking through the provision of information regarding access to benefits and services to which those victims may be entitled; (4) Coordinate delivery of services and information concerning health care, mental health care, legal services, housing, job training, education and victim's compensation funds; (5) Prepare and disseminate educational materials and provide training programs to increase awareness of human trafficking and the services available to victims; and (6) Assist victims of human trafficking with family reunification.
(1) Identify victims of human trafficking in this state;
(2) Identify community-based services for victims of human trafficking;
(3) Assist victims of human trafficking through the provision of information regarding access to benefits and services to which those victims may be entitled;
(4) Coordinate delivery of services and information concerning health care, mental health care, legal services, housing, job training, education and victim's compensation funds;
(5) Prepare and disseminate educational materials and provide training programs to increase awareness of human trafficking and the services available to victims; and
(6) Assist victims of human trafficking with family reunification.
(c) In addition to the requirements of subsection (b), the plan shall include a timeline for which the department anticipates the state would be capable of implementing the plan, along with anticipated rates of assistance to victims of human trafficking, cost of implementation, an itemized rationale for both, and any other factor that the department opines will significantly contribute to or detract from the success of implementing the plan.
(d) By July 1, 2013, the department of human services shall transmit a copy of the plan and issue a report to the chair of the judiciary committee of the senate and the chair of the judiciary committee of the house of representatives.
Amended by 2024 Tenn. Acts, ch. 688,s 178, eff. 7/1/2024.
Amended by 2019 Tenn. Acts, ch. 345, s 132, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 33, eff. 4/19/2013.
Acts 2012 , ch. 575, § 1; 2012 , ch. 963, § 1.
Tenn. Code Ann. § 71-4-201 — TN Code / Title 71 / Chapter 4 / Section 71-4-201
Policy of state
Status: in_force

It is the policy of the state to encourage and enable persons who are blind or visually impaired to participate fully in the social and economic life of this state and to engage in remunerative employment. Acts 1972, ch. 480, § 1; T.C.A., §§ 14-638, 14-14-101; Acts 2011, ch. 47, § 97.
It is the policy of the state to encourage and enable persons who are blind or visually impaired to participate fully in the social and economic life of this state and to engage in remunerative employment.
Acts 1972, ch. 480, § 1; T.C.A., §§ 14-638, 14-14-101; Acts 2011, ch. 47, § 97.
Tenn. Code Ann. § 71-1-133 — TN Code / Title 71 / Chapter 1 / Section 71-1-133
Child care services fraud - Restitution - Civil recovery of overpayments
Status: in_force

(a) (1) Whoever knowingly obtains, or attempts to obtain, or aids or abets any person or entity to obtain or attempt to obtain, by means of a willfully false statement or representation or by impersonation, or by any fraudulent scheme, any child care services, or payments for child care services, that are provided under any program by the department of human services or by or through any of the department's grantees or contractors, to which such person or entity is not entitled, or of a value greater than that to which such person or entity is entitled, the value of which is, or would be, one hundred ($100) or more, commits a Class E felony. Upon conviction, 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. (2) If the value of child care services or the payment for such services obtained in the manner described in subdivision (a)(1) is, or would be, less than one hundred dollars ($100), such person commits a Class A misdemeanor and shall be sentenced for such offense, or shall be fined, or both, as provided by law. (b) In addition to any of the penalties pursuant to subsection (a), any person convicted of any offense specified in subsection (a) shall be ordered to make restitution in the total amount found to be the value of the child care services 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. (c) Notwithstanding any other law to the contrary, prosecutions for any of the offenses specified in subsection (a) shall be commenced within four (4) years next after the commission of the offense. For purposes of this subsection (c), any such offense that is based upon a willful failure to report information as required by law or by any program requirements relating to eligibility for child care services is considered a continuing offense until such information is reported. (d) The department may recover by civil action in any appropriate court the value of child care services that have been incorrectly paid to or received by any person or any entity and the costs of the proceeding and reasonable attorneys fees necessary for collection. (e) (1) For purposes of this section, "child care" means the supervision, protection, and provision for the basic physical, developmental or emotional needs of a child, or evidence of any effort to provide for, or any apparent or stated intent to provide for, the supervision, protection, and basic physical, developmental or emotional needs of a child by any person or entity outside the child's own home or by a person who comes to the child's home, whether or not the person or entity is licensed to provide such care or is unregulated. (2) For purposes of this section "services" means the payment for, or provision by, the department, its grantees or its contractors of: (A) Any costs of, or any fees for, child care provided by any person or entity; (B) Any transportation costs or any transportation fees for the child to obtain child care or any related child care services; or (C) Any food supplement or meal assistance programs, excluding the food stamp or food assistance program under chapter 5, part 3 of this title, for a child who is receiving child care. Acts 2000, ch. 923, § 1.
(a) (1) Whoever knowingly obtains, or attempts to obtain, or aids or abets any person or entity to obtain or attempt to obtain, by means of a willfully false statement or representation or by impersonation, or by any fraudulent scheme, any child care services, or payments for child care services, that are provided under any program by the department of human services or by or through any of the department's grantees or contractors, to which such person or entity is not entitled, or of a value greater than that to which such person or entity is entitled, the value of which is, or would be, one hundred ($100) or more, commits a Class E felony. Upon conviction, 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. (2) If the value of child care services or the payment for such services obtained in the manner described in subdivision (a)(1) is, or would be, less than one hundred dollars ($100), such person commits a Class A misdemeanor and shall be sentenced for such offense, or shall be fined, or both, as provided by law.
(1) Whoever knowingly obtains, or attempts to obtain, or aids or abets any person or entity to obtain or attempt to obtain, by means of a willfully false statement or representation or by impersonation, or by any fraudulent scheme, any child care services, or payments for child care services, that are provided under any program by the department of human services or by or through any of the department's grantees or contractors, to which such person or entity is not entitled, or of a value greater than that to which such person or entity is entitled, the value of which is, or would be, one hundred ($100) or more, commits a Class E felony. Upon conviction, 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.
(2) If the value of child care services or the payment for such services obtained in the manner described in subdivision (a)(1) is, or would be, less than one hundred dollars ($100), such person commits a Class A misdemeanor and shall be sentenced for such offense, or shall be fined, or both, as provided by law.
(b) In addition to any of the penalties pursuant to subsection (a), any person convicted of any offense specified in subsection (a) shall be ordered to make restitution in the total amount found to be the value of the child care services 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.
(c) Notwithstanding any other law to the contrary, prosecutions for any of the offenses specified in subsection (a) shall be commenced within four (4) years next after the commission of the offense. For purposes of this subsection (c), any such offense that is based upon a willful failure to report information as required by law or by any program requirements relating to eligibility for child care services is considered a continuing offense until such information is reported.
(d) The department may recover by civil action in any appropriate court the value of child care services that have been incorrectly paid to or received by any person or any entity and the costs of the proceeding and reasonable attorneys fees necessary for collection.
(e) (1) For purposes of this section, "child care" means the supervision, protection, and provision for the basic physical, developmental or emotional needs of a child, or evidence of any effort to provide for, or any apparent or stated intent to provide for, the supervision, protection, and basic physical, developmental or emotional needs of a child by any person or entity outside the child's own home or by a person who comes to the child's home, whether or not the person or entity is licensed to provide such care or is unregulated. (2) For purposes of this section "services" means the payment for, or provision by, the department, its grantees or its contractors of: (A) Any costs of, or any fees for, child care provided by any person or entity; (B) Any transportation costs or any transportation fees for the child to obtain child care or any related child care services; or (C) Any food supplement or meal assistance programs, excluding the food stamp or food assistance program under chapter 5, part 3 of this title, for a child who is receiving child care.
(1) For purposes of this section, "child care" means the supervision, protection, and provision for the basic physical, developmental or emotional needs of a child, or evidence of any effort to provide for, or any apparent or stated intent to provide for, the supervision, protection, and basic physical, developmental or emotional needs of a child by any person or entity outside the child's own home or by a person who comes to the child's home, whether or not the person or entity is licensed to provide such care or is unregulated.
(2) For purposes of this section "services" means the payment for, or provision by, the department, its grantees or its contractors of: (A) Any costs of, or any fees for, child care provided by any person or entity; (B) Any transportation costs or any transportation fees for the child to obtain child care or any related child care services; or (C) Any food supplement or meal assistance programs, excluding the food stamp or food assistance program under chapter 5, part 3 of this title, for a child who is receiving child care.
(A) Any costs of, or any fees for, child care provided by any person or entity;
(B) Any transportation costs or any transportation fees for the child to obtain child care or any related child care services; or
(C) Any food supplement or meal assistance programs, excluding the food stamp or food assistance program under chapter 5, part 3 of this title, for a child who is receiving child care.
Acts 2000, ch. 923, § 1.
Tenn. Code Ann. § 71-4-1108 — TN Code / Title 71 / Chapter 4 / Section 71-4-1108
Reconsideration of awards
Status: in_force

(a) All assistance grants in the form of money payments made under this part shall be reconsidered by the regional director, or a designated agent, as frequently as may be required by the rules and regulations of the department. (b) After such further investigation as the regional director, or a designated agent, may deem necessary or the department may require, the amount of assistance in the form of money payments may be changed or assistance may be entirely withdrawn if the recipient's circumstances have altered to warrant such action. (c) (1) A recipient shall submit to a reexamination as to such recipient's permanent and total disability when required to do so by the regional director, or a designated agent, or the department. (2) A recipient shall also furnish any information bearing on such recipient's eligibility required by the regional director, or a designated agent, or by the department. Acts 1953, ch. 16, § 10 (Williams, § 4765.162); Acts 1957, ch. 117, § 19; 1973, ch. 303, § 23; T.C.A. (orig. ed.), § 14-413; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-108.
(a) All assistance grants in the form of money payments made under this part shall be reconsidered by the regional director, or a designated agent, as frequently as may be required by the rules and regulations of the department.
(b) After such further investigation as the regional director, or a designated agent, may deem necessary or the department may require, the amount of assistance in the form of money payments may be changed or assistance may be entirely withdrawn if the recipient's circumstances have altered to warrant such action.
(c) (1) A recipient shall submit to a reexamination as to such recipient's permanent and total disability when required to do so by the regional director, or a designated agent, or the department. (2) A recipient shall also furnish any information bearing on such recipient's eligibility required by the regional director, or a designated agent, or by the department.
(1) A recipient shall submit to a reexamination as to such recipient's permanent and total disability when required to do so by the regional director, or a designated agent, or the department.
(2) A recipient shall also furnish any information bearing on such recipient's eligibility required by the regional director, or a designated agent, or by the department.
Acts 1953, ch. 16, § 10 (Williams, § 4765.162); Acts 1957, ch. 117, § 19; 1973, ch. 303, § 23; T.C.A. (orig. ed.), § 14-413; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-108.