Tenn. Code Ann. § 71-5-2512 — TN Code / Title 71 / Chapter 5 / Section 71-5-2512
Cash reward program for reporting criminal fraud by recipients of the TennCare program
Status: in_force

(a) The office of inspector general shall establish an incentive program to provide a cash reward to citizens who notify the office of inspector general of criminal fraud by recipients of the TennCare program. The cash reward shall be paid if the information provided by the citizen results in a criminal conviction. Such cash awards shall be set at a meaningful amount through a schedule to be established by the office of inspector general. (b) The office of inspector general shall furnish information to acquaint the public with the existence of the program and the means by which citizens may participate. (c) The commissioner of finance and administration shall use the commissioner's rule-making authority under this chapter to promulgate rules establishing the program mandated by subsection (a). (d) The office of inspector general shall file with the commerce and labor committee of the senate and the insurance committee of the house of representatives, by February 15 of each year, an annual report of all moneys paid to citizens pursuant to the program established by this section. Amended by 2021 Tenn. Acts, ch. 64, s 129, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 144, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 19, eff. 4/19/2013. Acts 2005, ch. 474, § 26.
(a) The office of inspector general shall establish an incentive program to provide a cash reward to citizens who notify the office of inspector general of criminal fraud by recipients of the TennCare program. The cash reward shall be paid if the information provided by the citizen results in a criminal conviction. Such cash awards shall be set at a meaningful amount through a schedule to be established by the office of inspector general.
(b) The office of inspector general shall furnish information to acquaint the public with the existence of the program and the means by which citizens may participate.
(c) The commissioner of finance and administration shall use the commissioner's rule-making authority under this chapter to promulgate rules establishing the program mandated by subsection (a).
(d) The office of inspector general shall file with the commerce and labor committee of the senate and the insurance committee of the house of representatives, by February 15 of each year, an annual report of all moneys paid to citizens pursuant to the program established by this section.
Amended by 2021 Tenn. Acts, ch. 64, s 129, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 144, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 19, eff. 4/19/2013.
Acts 2005, ch. 474, § 26.
Tenn. Code Ann. § 71-4-2201 — TN Code / Title 71 / Chapter 4 / Section 71-4-2201
Development of incentives
Status: in_force

To the extent that federal funds are not jeopardized and in accordance with responsibilities required to be performed by the interagency coordinating council created pursuant to 20 U.S.C. § 1482 , the council shall advise and assist the lead agency appointed pursuant to 20 U.S.C. § 1476 [repealed] in developing incentives that will encourage programs serving young children with disabilities to provide or improve services to families of preschool children with disabilities. The development of the incentives may include, but is not limited to: (1) Identifying and publicizing model programs with parent involvement components or model practices for services to parents; (2) Assuring that training opportunities are provided to educate program staff in current best practices for serving families; and (3) Identifying and coordinating all available resources within the state from federal, state, local and private sources for existing programs and for future programs to hire staff to provide training and support services to parents. Acts 1988, ch. 625, § 1; 2011 , ch. 47, § 105.
To the extent that federal funds are not jeopardized and in accordance with responsibilities required to be performed by the interagency coordinating council created pursuant to 20 U.S.C. § 1482 , the council shall advise and assist the lead agency appointed pursuant to 20 U.S.C. § 1476 [repealed] in developing incentives that will encourage programs serving young children with disabilities to provide or improve services to families of preschool children with disabilities. The development of the incentives may include, but is not limited to:
(1) Identifying and publicizing model programs with parent involvement components or model practices for services to parents;
(2) Assuring that training opportunities are provided to educate program staff in current best practices for serving families; and
(3) Identifying and coordinating all available resources within the state from federal, state, local and private sources for existing programs and for future programs to hire staff to provide training and support services to parents.
Acts 1988, ch. 625, § 1; 2011 , ch. 47, § 105.
Tenn. Code Ann. § 71-5-505 — TN Code / Title 71 / Chapter 5 / Section 71-5-505
Strategies to improve access to prescription drugs
Status: in_force

The department may implement additional strategies, subject to available resources, to improve access to prescription drugs for persons who have no or inadequate health insurance, or other resources for the purchase of medically necessary prescription drugs. Acts 2005, ch. 474, § 5.
The department may implement additional strategies, subject to available resources, to improve access to prescription drugs for persons who have no or inadequate health insurance, or other resources for the purchase of medically necessary prescription drugs.
Acts 2005, ch. 474, § 5.
Tenn. Code Ann. § 71-5-2310 — TN Code / Title 71 / Chapter 5 / Section 71-5-2310
Hospitalization attained by county mayor
Status: in_force

In the event any county legislative body fails to make such an annual contract, or in case all the beds contracted for shall at any time be filled, and is made satisfactorily to appear to the county mayor that a sick or injured person is unable on account of poverty to procure necessary care and medical attention, the county mayor may contract with such hospital to take charge of and render to such person the care and medical attention necessary during the illness. Acts 1911, ch. 54, § 3; Shan., § 2706a3; Code 1932, § 4825; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §§ 14-1010, 14-20-310; Acts 2003, ch. 90, § 2.
In the event any county legislative body fails to make such an annual contract, or in case all the beds contracted for shall at any time be filled, and is made satisfactorily to appear to the county mayor that a sick or injured person is unable on account of poverty to procure necessary care and medical attention, the county mayor may contract with such hospital to take charge of and render to such person the care and medical attention necessary during the illness.
Acts 1911, ch. 54, § 3; Shan., § 2706a3; Code 1932, § 4825; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §§ 14-1010, 14-20-310; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 71-1-110 — TN Code / Title 71 / Chapter 1 / Section 71-1-110
Advisory committees - Multi-disciplinary protective services advisory teams
Status: in_force

(a) The commissioner has the authority to appoint, with the consent and approval of the governor, a committee or committees of citizens to act in an advisory capacity on any matter within the jurisdiction of the department, and to reimburse such members for their actual expenses in attending meetings of such committee or committees called at the commissioner's discretion from time to time. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (b) The commissioner shall establish in each service region at least one (1) multi-disciplinary adult protective services evaluation team for review of protective services cases. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1937, ch. 48, § 13; 1949, ch. 113, § 1; C. Supp. 1950, § 4765.16 (Williams, § 4765.13); Acts 1976, ch. 806, § 1 (142); 1977, ch. 482, § 12; T.C.A. (orig. ed.), §§ 14-110, 14-1-110; Acts 1996, ch. 1079, § 154.
(a) The commissioner has the authority to appoint, with the consent and approval of the governor, a committee or committees of citizens to act in an advisory capacity on any matter within the jurisdiction of the department, and to reimburse such members for their actual expenses in attending meetings of such committee or committees called at the commissioner's discretion from time to time. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(b) The commissioner shall establish in each service region at least one (1) multi-disciplinary adult protective services evaluation team for review of protective services cases. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1937, ch. 48, § 13; 1949, ch. 113, § 1; C. Supp. 1950, § 4765.16 (Williams, § 4765.13); Acts 1976, ch. 806, § 1 (142); 1977, ch. 482, § 12; T.C.A. (orig. ed.), §§ 14-110, 14-1-110; Acts 1996, ch. 1079, § 154.
Tenn. Code Ann. § 71-4-115 — TN Code / Title 71 / Chapter 4 / Section 71-4-115
Unlawful use of lists
Status: in_force

(a) Except as permitted by §§ 71-1-117 and 71-1-118 , it is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, any list or names of, or any information concerning, persons applying for or receiving aid to the blind, directly or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or acquired in the course of the performance of official duties. (b) A violation of this section is a Class C misdemeanor. Acts 1941, ch. 148, § 1; C. Supp. 1950, § 4765.78 (Williams, § 11412.7); impl. am. Acts 1953, ch. 29, §§ 1, 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-522, 14-13-115; Acts 1989, ch. 591, § 113.
(a) Except as permitted by §§ 71-1-117 and 71-1-118 , it is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, any list or names of, or any information concerning, persons applying for or receiving aid to the blind, directly or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or acquired in the course of the performance of official duties.
(b) A violation of this section is a Class C misdemeanor.
Acts 1941, ch. 148, § 1; C. Supp. 1950, § 4765.78 (Williams, § 11412.7); impl. am. Acts 1953, ch. 29, §§ 1, 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-522, 14-13-115; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 71-6-305 — TN Code / Title 71 / Chapter 6 / Section 71-6-305
Prerequisites for sexual assault programs
Status: in_force

To receive funds under this part for sexual assault program services, all applicants shall show that they have provided sexual assault program services for at least six (6) months prior to the application for funds under this part. Acts 2003, ch. 304, § 2.
To receive funds under this part for sexual assault program services, all applicants shall show that they have provided sexual assault program services for at least six (6) months prior to the application for funds under this part.
Acts 2003, ch. 304, § 2.
Tenn. Code Ann. § 71-5-1416 — TN Code / Title 71 / Chapter 5 / Section 71-5-1416
Funding to increase access to home and community-based services in the state-funded options program
Status: in_force

Subject to the availability of funding, the commissioner shall designate in each year's appropriations bill an amount of money that can be used to increase access to home and community-based services in the state-funded options program for persons who do not qualify for medicaid long-term care services. This funding may be used to provide services such as home-delivered meals, homemaker services and personal care, and to reduce the waiting list for these services under the options program, or to offer transportation services or assistance to non-medicaid-eligible individuals. Acts 2008 , ch. 1190, § 17.
Subject to the availability of funding, the commissioner shall designate in each year's appropriations bill an amount of money that can be used to increase access to home and community-based services in the state-funded options program for persons who do not qualify for medicaid long-term care services. This funding may be used to provide services such as home-delivered meals, homemaker services and personal care, and to reduce the waiting list for these services under the options program, or to offer transportation services or assistance to non-medicaid-eligible individuals.
Acts 2008 , ch. 1190, § 17.
Tenn. Code Ann. § 71-5-1301 — TN Code / Title 71 / Chapter 5 / Section 71-5-1301
Creation of grant assistance program
Status: in_force

There is hereby created a grant assistance program to provide financial support for eligible individuals residing in nursing homes licensed by the state, which individuals do not have their nursing home care paid for, in whole or in part, by a federal, state or combined federal-state medical care program. Acts 1992, ch. 954, § 1.
There is hereby created a grant assistance program to provide financial support for eligible individuals residing in nursing homes licensed by the state, which individuals do not have their nursing home care paid for, in whole or in part, by a federal, state or combined federal-state medical care program.
Acts 1992, ch. 954, § 1.
Tenn. Code Ann. § 71-4-501 — TN Code / Title 71 / Chapter 4 / Section 71-4-501
Legislative intent - Construction
Status: in_force

It is the intent of the general assembly to grant to blind individuals a priority in the establishment and operation of vending facilities on public property in this state. To that end, this part shall be liberally construed to give the blind individuals who are eligible for such priority the greatest possible opportunities to operate such vending facilities so that they may become self-supporting. Acts 1994, ch. 723, § 2.
It is the intent of the general assembly to grant to blind individuals a priority in the establishment and operation of vending facilities on public property in this state. To that end, this part shall be liberally construed to give the blind individuals who are eligible for such priority the greatest possible opportunities to operate such vending facilities so that they may become self-supporting.
Acts 1994, ch. 723, § 2.
Tenn. Code Ann. § 71-4-105 — TN Code / Title 71 / Chapter 4 / Section 71-4-105
Determination of amount of assistance
Status: in_force

The amount of assistance that any person shall receive in the form of supplementary payments shall be determined by an application of 212 (a) of Public Law 93-66, and rules and regulations made by the department establishing standards of need and allowable resources to the recipient's present personal and economic circumstances. Acts 1937, ch. 51, § 4; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.61 (Williams, § 4765.60); Acts 1951, ch. 79, § 1; 1953, ch. 9, § 1; 1957, ch. 117, § 22; 1961, ch. 29, § 1; 1965, ch. 16, § 3; 1967, ch. 63, § 3; 1973, ch. 303, § 24; 1974, ch. 628, § 16; T.C.A. (orig. ed.), §§ 14-505, 14-13-105.
The amount of assistance that any person shall receive in the form of supplementary payments shall be determined by an application of 212 (a) of Public Law 93-66, and rules and regulations made by the department establishing standards of need and allowable resources to the recipient's present personal and economic circumstances.
Acts 1937, ch. 51, § 4; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.61 (Williams, § 4765.60); Acts 1951, ch. 79, § 1; 1953, ch. 9, § 1; 1957, ch. 117, § 22; 1961, ch. 29, § 1; 1965, ch. 16, § 3; 1967, ch. 63, § 3; 1973, ch. 303, § 24; 1974, ch. 628, § 16; T.C.A. (orig. ed.), §§ 14-505, 14-13-105.
Tenn. Code Ann. § 71-5-504 — TN Code / Title 71 / Chapter 5 / Section 71-5-504
Notification about program to pharmaceutical companies - Opportunity for companies to submit information about assistance programs offered by companies
Status: in_force

The department shall notify pharmaceutical companies doing business in Tennessee of the Tennessee pharmaceutical connection program, and shall offer pharmaceutical companies the opportunity to submit information to the department about any pharmaceutical assistance programs the pharmaceutical companies offer, the drugs covered by such programs, and all information required for application to the programs. Acts 2005, ch. 474, § 5.
The department shall notify pharmaceutical companies doing business in Tennessee of the Tennessee pharmaceutical connection program, and shall offer pharmaceutical companies the opportunity to submit information to the department about any pharmaceutical assistance programs the pharmaceutical companies offer, the drugs covered by such programs, and all information required for application to the programs.
Acts 2005, ch. 474, § 5.
Tenn. Code Ann. § 71-6-122 — TN Code / Title 71 / Chapter 6 / Section 71-6-122
Toll-free number for reporting elder abuse, neglect or exploitation
Status: in_force

The division of adult protective services of the department of human services shall establish a toll-free telephone service to enable citizens within the state to call the division free of charge to report abuse, neglect, or exploitation and to seek relevant assistance from the division in such matters. Acts 2004, ch. 780, § 7.
The division of adult protective services of the department of human services shall establish a toll-free telephone service to enable citizens within the state to call the division free of charge to report abuse, neglect, or exploitation and to seek relevant assistance from the division in such matters.
Acts 2004, ch. 780, § 7.
Tenn. Code Ann. § 71-3-513 — TN Code / Title 71 / Chapter 3 / Section 71-3-513
Public records - Exceptions
Status: in_force

The records of any entity entering into a contract or grant with the state for child care broker services relating to such grant or contract shall be public records open for public inspection in accordance with § 10-7-503 . Nothing in this section shall be construed to allow a social security number or residential address of any person to be considered a public record. Acts 2000, ch. 981, § 79.
The records of any entity entering into a contract or grant with the state for child care broker services relating to such grant or contract shall be public records open for public inspection in accordance with § 10-7-503 . Nothing in this section shall be construed to allow a social security number or residential address of any person to be considered a public record.
Acts 2000, ch. 981, § 79.
Tenn. Code Ann. § 71-4-1107 — TN Code / Title 71 / Chapter 4 / Section 71-4-1107
Appeal to department
Status: in_force

(a) If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it. (b) The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportunity for a hearing. Acts 1953, ch. 16, § 9 (Williams, § 4765.161); Acts 1973, ch. 303, § 21; 1974, ch. 628, § 11; T.C.A. (orig. ed.), § 14-411; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-107.
(a) If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it.
(b) The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportunity for a hearing.
Acts 1953, ch. 16, § 9 (Williams, § 4765.161); Acts 1973, ch. 303, § 21; 1974, ch. 628, § 11; T.C.A. (orig. ed.), § 14-411; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-107.
Tenn. Code Ann. § 71-4-2303 — TN Code / Title 71 / Chapter 4 / Section 71-4-2303
Preventative maintenance - Requirements and implementation - Documentation of services
Status: in_force

(a) A preventative maintenance visit may be performed at any location agreed upon by the enrollee and the authorized complex rehabilitation technology supplier and is not required to be performed at the enrollee's location. (b) (1) Preventative maintenance must be performed by a qualified technician who is an employee of the authorized complex rehabilitation technology supplier, and must be performed according to the manufacturer's guidelines. The preventative maintenance may be performed during a complex rehabilitation technology appointment for an unrelated issue, and is not required to be a standalone appointment or event. (2) The authorized complex rehabilitation technology supplier shall document and maintain all records of preventative maintenance services performed pursuant to this part. Added by 2024 Tenn. Acts, ch. 1050,s 2, eff. 7/1/2024.
(a) A preventative maintenance visit may be performed at any location agreed upon by the enrollee and the authorized complex rehabilitation technology supplier and is not required to be performed at the enrollee's location.
(b) (1) Preventative maintenance must be performed by a qualified technician who is an employee of the authorized complex rehabilitation technology supplier, and must be performed according to the manufacturer's guidelines. The preventative maintenance may be performed during a complex rehabilitation technology appointment for an unrelated issue, and is not required to be a standalone appointment or event. (2) The authorized complex rehabilitation technology supplier shall document and maintain all records of preventative maintenance services performed pursuant to this part.
(1) Preventative maintenance must be performed by a qualified technician who is an employee of the authorized complex rehabilitation technology supplier, and must be performed according to the manufacturer's guidelines. The preventative maintenance may be performed during a complex rehabilitation technology appointment for an unrelated issue, and is not required to be a standalone appointment or event.
(2) The authorized complex rehabilitation technology supplier shall document and maintain all records of preventative maintenance services performed pursuant to this part.
Added by 2024 Tenn. Acts, ch. 1050,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 71-5-1009 — TN Code / Title 71 / Chapter 5 / Section 71-5-1009
Enactment of part does not excuse payment of assessment fee
Status: in_force

Enactment of this part and any amendments to this part shall not operate to excuse the monthly installment payment of any nursing home assessment fee due during any current or prior fiscal year. Amended by 2019 Tenn. Acts, ch. 423,s 10, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 883,s 9, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 360,s 7, eff. 7/1/2015. Acts 2014, ch. 859, § 1.
Enactment of this part and any amendments to this part shall not operate to excuse the monthly installment payment of any nursing home assessment fee due during any current or prior fiscal year.
Amended by 2019 Tenn. Acts, ch. 423,s 10, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 883,s 9, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 360,s 7, eff. 7/1/2015.
Acts 2014, ch. 859, § 1.
Tenn. Code Ann. § 71-4-111 — TN Code / Title 71 / Chapter 4 / Section 71-4-111
Change in property or income of recipient
Status: in_force

(a) If, at any time during the continuance of assistance, the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the regional director or a designated agent of the receipt or possession of such property or income. (b) The regional director or a designated agent may, after investigation, either cancel the assistance or alter the amount of the money payment in accordance with the circumstances. (c) Any assistance paid after the recipient has come into possession of such property or income and in excess of the recipient's need as determined by the department's standards shall be recoverable in a suit by the state as a debt due to the state. Acts 1937, ch. 51, § 12; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.69 (Williams, § 4765.68); Acts 1957, ch. 117, § 26; 1961, ch. 11, § 1; 1974, ch. 628, § 19; T.C.A. (orig. ed.), §§ 14-518, 14-13-111.
(a) If, at any time during the continuance of assistance, the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the regional director or a designated agent of the receipt or possession of such property or income.
(b) The regional director or a designated agent may, after investigation, either cancel the assistance or alter the amount of the money payment in accordance with the circumstances.
(c) Any assistance paid after the recipient has come into possession of such property or income and in excess of the recipient's need as determined by the department's standards shall be recoverable in a suit by the state as a debt due to the state.
Acts 1937, ch. 51, § 12; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.69 (Williams, § 4765.68); Acts 1957, ch. 117, § 26; 1961, ch. 11, § 1; 1974, ch. 628, § 19; T.C.A. (orig. ed.), §§ 14-518, 14-13-111.
Tenn. Code Ann. § 71-5-125 — TN Code / Title 71 / Chapter 5 / Section 71-5-125
Duties of fiscal review committee
Status: in_force

The fiscal review committee is directed to obtain the following information from the single state agency in charge of medicaid and the department of human services and report quarterly to the membership of the general assembly, except that if an item on the report has not changed from one (1) quarter to the next, there shall be no necessity to repeat this information in the subsequent report: (1) All expenditures under the medicaid program in the preceding quarter; (2) The quarterly allotment for the next quarter; (3) Any requests for additional funds; (4) The classifications set up for the staffing of the medicaid personnel; (5) The names, salary, position and previous work experience of staff hired; (6) Caseloads, increases and decreases; (7) Dollar expenditures and utilization of the separate programs under medicaid; and (8) Copies of all regulations issued to implement the medicaid program. Acts 1969, ch. 326, § 7; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-1926, 14-23-125; Acts 2002, ch. 880, § 19; 2012, ch. 673, § 4.
The fiscal review committee is directed to obtain the following information from the single state agency in charge of medicaid and the department of human services and report quarterly to the membership of the general assembly, except that if an item on the report has not changed from one (1) quarter to the next, there shall be no necessity to repeat this information in the subsequent report:
(1) All expenditures under the medicaid program in the preceding quarter;
(2) The quarterly allotment for the next quarter;
(3) Any requests for additional funds;
(4) The classifications set up for the staffing of the medicaid personnel;
(5) The names, salary, position and previous work experience of staff hired;
(6) Caseloads, increases and decreases;
(7) Dollar expenditures and utilization of the separate programs under medicaid; and
(8) Copies of all regulations issued to implement the medicaid program.
Acts 1969, ch. 326, § 7; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-1926, 14-23-125; Acts 2002, ch. 880, § 19; 2012, ch. 673, § 4.
Tenn. Code Ann. § 71-2-102 — TN Code / Title 71 / Chapter 2 / Section 71-2-102
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Acts 1981, ch. 428, § 3; 1982, ch. 834, § 3; T.C.A., § 14-6-102; Acts 2001, ch. 397, § 3.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 3; 1982, ch. 834, § 3; T.C.A., § 14-6-102; Acts 2001, ch. 397, § 3.
Tenn. Code Ann. § 71-5-2603 — TN Code / Title 71 / Chapter 5 / Section 71-5-2603
Fraud reporting requirements - Immunity from liability
Status: in_force

(a) All managed care organizations, contractors, subcontractors, providers or any other person or entity shall advise the office of TennCare inspector general immediately when there is actual knowledge, not subject to a testimonial privilege, that an act of recipient, enrollee, or applicant fraud is being, or has been committed. The office of TennCare inspector general shall review the information to determine if there is a sufficient basis to warrant a full investigation. The office of TennCare inspector general is authorized to establish an electronic system for treating physicians to report recipient, enrollee or applicant fraud. (b) All managed care organizations, contractors, subcontractors, providers or any other person or entity shall advise the medicaid fraud control unit (MFCU) immediately when there is actual knowledge, not subject to a testimonial privilege, that an act of provider fraud is being, or has been committed. The MFCU shall review the information to determine if there is a sufficient basis to warrant a full investigation. MFCU is authorized to establish an electronic system for treating physicians to report provider fraud. (c) Any person or entity making a complaint or furnishing a report, information or records in good faith pursuant to this section is immune from civil liability for making such complaint or report. (d) Willful failure to report such fraud shall be subject to a civil penalty of not more than ten thousand dollars ($10,000) for each finding to be assessed by the office of TennCare inspector general. Acts 2004, ch. 784, § 1.
(a) All managed care organizations, contractors, subcontractors, providers or any other person or entity shall advise the office of TennCare inspector general immediately when there is actual knowledge, not subject to a testimonial privilege, that an act of recipient, enrollee, or applicant fraud is being, or has been committed. The office of TennCare inspector general shall review the information to determine if there is a sufficient basis to warrant a full investigation. The office of TennCare inspector general is authorized to establish an electronic system for treating physicians to report recipient, enrollee or applicant fraud.
(b) All managed care organizations, contractors, subcontractors, providers or any other person or entity shall advise the medicaid fraud control unit (MFCU) immediately when there is actual knowledge, not subject to a testimonial privilege, that an act of provider fraud is being, or has been committed. The MFCU shall review the information to determine if there is a sufficient basis to warrant a full investigation. MFCU is authorized to establish an electronic system for treating physicians to report provider fraud.
(c) Any person or entity making a complaint or furnishing a report, information or records in good faith pursuant to this section is immune from civil liability for making such complaint or report.
(d) Willful failure to report such fraud shall be subject to a civil penalty of not more than ten thousand dollars ($10,000) for each finding to be assessed by the office of TennCare inspector general.
Acts 2004, ch. 784, § 1.
Tenn. Code Ann. § 71-5-502 — TN Code / Title 71 / Chapter 5 / Section 71-5-502
Establishment of pharmaceutical connection program
Status: in_force

(a) The Tennessee pharmaceutical connection program is established to help the uninsured in accessing all manufacturer-sponsored prescription drug assistance programs and other programs for which they may qualify, including, but not limited to, medicare part D prescription drug coverage. (b) The department shall administer the program and shall utilize a toll-free number and website as the point of contact for those eligible to participate in the program. Acts 2005, ch. 474, § 5.
(a) The Tennessee pharmaceutical connection program is established to help the uninsured in accessing all manufacturer-sponsored prescription drug assistance programs and other programs for which they may qualify, including, but not limited to, medicare part D prescription drug coverage.
(b) The department shall administer the program and shall utilize a toll-free number and website as the point of contact for those eligible to participate in the program.
Acts 2005, ch. 474, § 5.
Tenn. Code Ann. § 71-5-192 — TN Code / Title 71 / Chapter 5 / Section 71-5-192
Information management system
Status: in_force

On or before January 1, 2004, a comprehensive, integrated information management system will be operational for the bureau of TennCare. Not less frequently than quarterly, the division of strategic technology solutions in the department of finance and administration shall provide progress assessments concerning such system to the information systems council (ISC) and the fiscal review committee. Amended by 2020 Tenn. Acts, ch. 690, s 20, eff. 6/11/2020. Acts 2002, ch. 880, § 4.
On or before January 1, 2004, a comprehensive, integrated information management system will be operational for the bureau of TennCare. Not less frequently than quarterly, the division of strategic technology solutions in the department of finance and administration shall provide progress assessments concerning such system to the information systems council (ISC) and the fiscal review committee.
Amended by 2020 Tenn. Acts, ch. 690, s 20, eff. 6/11/2020.
Acts 2002, ch. 880, § 4.
Tenn. Code Ann. § 71-5-2602 — TN Code / Title 71 / Chapter 5 / Section 71-5-2602
Record keeping
Status: in_force

(a) Upon submitting a claim for, or upon receiving payment for, goods, services, items, facilities or accommodations under the TennCare program, a managed care organization, provider, vendor, subcontractor, or any other person or entity, shall maintain adequate records for a minimum of five (5) years after the date on which payment was received, if payment was received, or for five (5) years after the date on which the claim was submitted, if payment was not received. The bureau of TennCare shall have the authority to make appropriate and reasonable exceptions to the requirements of this subsection (a) upon a showing of good cause. (b) Failure to maintain adequate records is defined as negligently failing to maintain such records as are necessary to disclose fully the nature of the goods, services, items, facilities, or accommodations for which a claim was submitted or payment was received by the managed care organization, provider, vendor, subcontractor, or any other person or entity receiving funds originating from the TennCare program. Records include records kept in any form or fashion, including, but not limited to, any and all medical records, documents, data, or items, electronic or nonelectronic, related to the provision of and billing for services and goods. Failure to maintain adequate records during an audit period is punishable by recovery of one hundred fifty percent (150%) of the amount payable to the person or entity, directly or indirectly, using TennCare funds for the TennCare-related services for which the person or entity has failed to maintain records. Failure to maintain adequate records during a subsequent audit period is punishable by recovery of three hundred percent (300%) of the amount payable to the person or entity, directly or indirectly, using TennCare funds for the TennCare-related services for which the person or entity has failed to maintain records. Any further offense within five (5) years of the second offense may result in a recommendation by the office of inspector general to the bureau of TennCare to restrict the person or entity from receiving future TennCare payments. These matters shall be referred to the attorney general and reporter for recovery of funds. Acts 2004, ch. 784, § 1; 2005, ch. 474, §§ 21, 22.
(a) Upon submitting a claim for, or upon receiving payment for, goods, services, items, facilities or accommodations under the TennCare program, a managed care organization, provider, vendor, subcontractor, or any other person or entity, shall maintain adequate records for a minimum of five (5) years after the date on which payment was received, if payment was received, or for five (5) years after the date on which the claim was submitted, if payment was not received. The bureau of TennCare shall have the authority to make appropriate and reasonable exceptions to the requirements of this subsection (a) upon a showing of good cause.
(b) Failure to maintain adequate records is defined as negligently failing to maintain such records as are necessary to disclose fully the nature of the goods, services, items, facilities, or accommodations for which a claim was submitted or payment was received by the managed care organization, provider, vendor, subcontractor, or any other person or entity receiving funds originating from the TennCare program. Records include records kept in any form or fashion, including, but not limited to, any and all medical records, documents, data, or items, electronic or nonelectronic, related to the provision of and billing for services and goods. Failure to maintain adequate records during an audit period is punishable by recovery of one hundred fifty percent (150%) of the amount payable to the person or entity, directly or indirectly, using TennCare funds for the TennCare-related services for which the person or entity has failed to maintain records. Failure to maintain adequate records during a subsequent audit period is punishable by recovery of three hundred percent (300%) of the amount payable to the person or entity, directly or indirectly, using TennCare funds for the TennCare-related services for which the person or entity has failed to maintain records. Any further offense within five (5) years of the second offense may result in a recommendation by the office of inspector general to the bureau of TennCare to restrict the person or entity from receiving future TennCare payments. These matters shall be referred to the attorney general and reporter for recovery of funds.
Acts 2004, ch. 784, § 1; 2005, ch. 474, §§ 21, 22.
Tenn. Code Ann. § 71-5-901 — TN Code / Title 71 / Chapter 5 / Section 71-5-901
Commissioner of human services to conduct study of poverty
Status: in_force

The commissioner of human services shall complete a study of poverty in Tennessee, including its implications and potential solution strategies with feedback from departments, agencies, and selected non-governmental organizations serving the affected populations. Such departments, agencies and organizations shall include, but not be limited to the following: (1) Department of children's services; (2) Department of health; (3) The bureau of TennCare; (4) Department of economic and community development; (5) The Tennessee commission on children and youth; (6) Department of disability and aging; (7) The Room in the Inn program of Middle Tennessee; (8) The Catholic Charities in Tennessee; (9) The Area Relief Ministries of Jackson, Tennessee; (10) The Second Harvest Food Bank of Tennessee; (11) The Neighborhood Christian Center of Memphis, Tennessee; and (12) The Regional Interfaith Alliance of Jackson, Tennessee. Amended by 2024 Tenn. Acts, ch. 688,s 184, eff. 7/1/2024. Acts 2014, ch. 934, § 1.
The commissioner of human services shall complete a study of poverty in Tennessee, including its implications and potential solution strategies with feedback from departments, agencies, and selected non-governmental organizations serving the affected populations. Such departments, agencies and organizations shall include, but not be limited to the following:
(1) Department of children's services;
(2) Department of health;
(3) The bureau of TennCare;
(4) Department of economic and community development;
(5) The Tennessee commission on children and youth;
(6) Department of disability and aging;
(7) The Room in the Inn program of Middle Tennessee;
(8) The Catholic Charities in Tennessee;
(9) The Area Relief Ministries of Jackson, Tennessee;
(10) The Second Harvest Food Bank of Tennessee;
(11) The Neighborhood Christian Center of Memphis, Tennessee; and
(12) The Regional Interfaith Alliance of Jackson, Tennessee.
Amended by 2024 Tenn. Acts, ch. 688,s 184, eff. 7/1/2024.
Acts 2014, ch. 934, § 1.
Tenn. Code Ann. § 71-5-1308 — TN Code / Title 71 / Chapter 5 / Section 71-5-1308
Administration of part
Status: in_force

The department of health is authorized to administer this part, including, but not limited to, the ability to contract with other state agencies or entities to make payments or verify income as required by this part. Acts 1992, ch. 954, § 1.
The department of health is authorized to administer this part, including, but not limited to, the ability to contract with other state agencies or entities to make payments or verify income as required by this part.
Acts 1992, ch. 954, § 1.
Tenn. Code Ann. § 71-3-604 — TN Code / Title 71 / Chapter 3 / Section 71-3-604
Control of indigent children
Status: in_force

The children referred to in § 71-3-603 shall be under the exclusive jurisdiction and control of the board until they become eighteen (18) years of age. The board may, in its discretion, require the parents of such indigent children to surrender all right and claim to the control of them, and to consent for the asylum to provide homes for them, by adoption by proper and suitable parties, for the purpose of caring for and educating them, teaching them trades and household duties generally. Acts 1885, ch. 92, § 3; Shan., § 4346; Code 1932, § 4575; T.C.A. (orig. ed.), §§ 14-1204, 14-11-104.
The children referred to in § 71-3-603 shall be under the exclusive jurisdiction and control of the board until they become eighteen (18) years of age. The board may, in its discretion, require the parents of such indigent children to surrender all right and claim to the control of them, and to consent for the asylum to provide homes for them, by adoption by proper and suitable parties, for the purpose of caring for and educating them, teaching them trades and household duties generally.
Acts 1885, ch. 92, § 3; Shan., § 4346; Code 1932, § 4575; T.C.A. (orig. ed.), §§ 14-1204, 14-11-104.
Tenn. Code Ann. § 71-5-104 — TN Code / Title 71 / Chapter 5 / Section 71-5-104
Administration by department
Status: in_force

(a) The department of health is hereby designated as the department to administer this part as provided in Title XIX or as provided by any federal waiver received by the state that waives any or all of the provisions of Title XIX or pursuant to any other federal law as adopted by amendment to the required Title XIX state plan. (b) The bureau of TennCare shall notify each member of the general assembly via electronic mail or other type of electronic communication when it: (1) Proposes a change in services or reimbursement that affects more than two thousand five hundred (2,500) beneficiaries; or (2) Proposes a change that will affect current or future appropriations made by the general assembly in any amount that is greater than ten million dollars ($10,000,000). (c) The bureau of TennCare shall report at least quarterly to members of the Tennessee general assembly via electronic mail or other type of electronic communication on the following: (1) Status of TennCare reform and improvements; (2) Number of recipients on TennCare and costs to the state; (3) Viability of MCOs and providers in the TennCare program; and (4) Success of fraud detection and prevention. (d) The bureau of TennCare shall concurrently transmit to members of the general assembly via electronic mail or other type of electronic communication TennCare's annual budget proposal when presented in a public forum. Acts 1968, ch. 551, § 4; 1973, ch. 276, § 3; impl. am. Acts 1975, ch. 219, § 1 (a), (b); T.C.A., § 14-1904; Acts 1982, ch. 730, § 4; T.C.A., § 14-23-104; Acts 1993, ch. 358, § 3; 2010, ch. 1079, § 3.
(a) The department of health is hereby designated as the department to administer this part as provided in Title XIX or as provided by any federal waiver received by the state that waives any or all of the provisions of Title XIX or pursuant to any other federal law as adopted by amendment to the required Title XIX state plan.
(b) The bureau of TennCare shall notify each member of the general assembly via electronic mail or other type of electronic communication when it: (1) Proposes a change in services or reimbursement that affects more than two thousand five hundred (2,500) beneficiaries; or (2) Proposes a change that will affect current or future appropriations made by the general assembly in any amount that is greater than ten million dollars ($10,000,000).
(1) Proposes a change in services or reimbursement that affects more than two thousand five hundred (2,500) beneficiaries; or
(2) Proposes a change that will affect current or future appropriations made by the general assembly in any amount that is greater than ten million dollars ($10,000,000).
(c) The bureau of TennCare shall report at least quarterly to members of the Tennessee general assembly via electronic mail or other type of electronic communication on the following: (1) Status of TennCare reform and improvements; (2) Number of recipients on TennCare and costs to the state; (3) Viability of MCOs and providers in the TennCare program; and (4) Success of fraud detection and prevention.
(1) Status of TennCare reform and improvements;
(2) Number of recipients on TennCare and costs to the state;
(3) Viability of MCOs and providers in the TennCare program; and
(4) Success of fraud detection and prevention.
(d) The bureau of TennCare shall concurrently transmit to members of the general assembly via electronic mail or other type of electronic communication TennCare's annual budget proposal when presented in a public forum.
Acts 1968, ch. 551, § 4; 1973, ch. 276, § 3; impl. am. Acts 1975, ch. 219, § 1 (a), (b); T.C.A., § 14-1904; Acts 1982, ch. 730, § 4; T.C.A., § 14-23-104; Acts 1993, ch. 358, § 3; 2010, ch. 1079, § 3.
Tenn. Code Ann. § 71-5-2206 — TN Code / Title 71 / Chapter 5 / Section 71-5-2206
Order for expenditures - Warrants
Status: in_force

When money is to be drawn from the county treasury for the purchase of the site of the asylum, the erection of the buildings, for improvements, repairs, or for the ordinary expenses of the maintenance of the poor, it shall be done upon an order of the commission, entered upon its minutes, specifying the purpose to which the money is to be applied; upon production of a copy of which, signed by the county mayor and attested by one (1) of the other commissioners, to the county legislative body, and appropriation shall on approval be made for the amount specified in the order, to be drawn on warrant of the county mayor, as in other cases. Code 1858, § 1601; Shan., § 2685; mod. Code 1932, § 4802; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §§ 14-906, 14-20-206; Acts 2003, ch. 90, § 2.
When money is to be drawn from the county treasury for the purchase of the site of the asylum, the erection of the buildings, for improvements, repairs, or for the ordinary expenses of the maintenance of the poor, it shall be done upon an order of the commission, entered upon its minutes, specifying the purpose to which the money is to be applied; upon production of a copy of which, signed by the county mayor and attested by one (1) of the other commissioners, to the county legislative body, and appropriation shall on approval be made for the amount specified in the order, to be drawn on warrant of the county mayor, as in other cases.
Code 1858, § 1601; Shan., § 2685; mod. Code 1932, § 4802; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §§ 14-906, 14-20-206; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 71-5-108 — TN Code / Title 71 / Chapter 5 / Section 71-5-108
Payment methodology for medicaid enrollees not enrolled in medicare
Status: in_force

The TennCare bureau is directed to submit a state plan amendment to the centers for medicare and medicaid services that sets out a payment methodology for medicaid enrollees who are not also enrolled in medicare, consistent with provisions in § 6085 of the federal Deficit Reduction Act of 2005, regarding emergency services furnished by noncontract providers for managed care enrollees. The payment amount shall be the average contract rate that would apply under the state plan for general acute care hospitals. A tiered grouping of hospitals by size or services may be utilized to administer these payments. The payment methodology developed pursuant to this section shall be budget neutral for the state fiscal year 2007-2008 when compared to the actual experience for emergency services furnished by non-contract providers for medicaid managed care enrollees prior to January 1, 2007. It is the intent that this section only applies to the emergency services furnished by noncontract providers for medicaid managed care enrollees. Acts 2007, ch. 409, § 1.
The TennCare bureau is directed to submit a state plan amendment to the centers for medicare and medicaid services that sets out a payment methodology for medicaid enrollees who are not also enrolled in medicare, consistent with provisions in § 6085 of the federal Deficit Reduction Act of 2005, regarding emergency services furnished by noncontract providers for managed care enrollees. The payment amount shall be the average contract rate that would apply under the state plan for general acute care hospitals. A tiered grouping of hospitals by size or services may be utilized to administer these payments. The payment methodology developed pursuant to this section shall be budget neutral for the state fiscal year 2007-2008 when compared to the actual experience for emergency services furnished by non-contract providers for medicaid managed care enrollees prior to January 1, 2007. It is the intent that this section only applies to the emergency services furnished by noncontract providers for medicaid managed care enrollees.
Acts 2007, ch. 409, § 1.
Tenn. Code Ann. § 71-5-2201 — TN Code / Title 71 / Chapter 5 / Section 71-5-2201
Permanent body - Name - Appointment - Term of office
Status: in_force

(a) The commissioners of the poor shall be a permanent body, by the name of the "Commissioners of the Poor for ____________________ County." (b) In the selection, the county legislative body shall, at its October session, choose at the beginning one (1) commissioner to hold for the term of one (1) year, another for the term of two (2) years, and a third for a term of three (3) years, and annually thereafter for three (3) years each, and to hold until the successor of each is selected and qualified. (c) Should the court omit to make the appointment at that session, it may be done at any subsequent session. Code 1858, § 1597; Acts 1879, ch. 102, § 1; 1889, ch. 150, § 1; Shan., § 2681; mod. Code 1932, § 4798; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-901, 14-20-201.
(a) The commissioners of the poor shall be a permanent body, by the name of the "Commissioners of the Poor for ____________________ County."
(b) In the selection, the county legislative body shall, at its October session, choose at the beginning one (1) commissioner to hold for the term of one (1) year, another for the term of two (2) years, and a third for a term of three (3) years, and annually thereafter for three (3) years each, and to hold until the successor of each is selected and qualified.
(c) Should the court omit to make the appointment at that session, it may be done at any subsequent session.
Code 1858, § 1597; Acts 1879, ch. 102, § 1; 1889, ch. 150, § 1; Shan., § 2681; mod. Code 1932, § 4798; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-901, 14-20-201.
Tenn. Code Ann. § 71-5-2508 — TN Code / Title 71 / Chapter 5 / Section 71-5-2508
Medicaid fraud control unit
Status: in_force

There is established a medicaid fraud control unit, referred to as the medicaid fraud control division, which is separate and distinct from the state medicaid agency, and is within the Tennessee bureau of investigation or within another appropriate agency at the discretion of the governor. As regulated by federal law, the unit is authorized to investigate and refer for prosecution violations of all applicable laws pertaining to provider or vendor fraud and abuse in the administration of the medicaid program; the provision of goods or services or the activities of providers of goods or services under the state medicaid plan; medicare fraud; abuse, neglect, and misappropriation of funds or property in healthcare facilities receiving payments under the state medicaid plan and in board and care facilities as allowed by federal law; and complaints of abuse, neglect, and financial exploitation of medicaid recipients in any setting. A summary of the unit's work shall be included in a report which must be submitted annually to the governor, judiciary committee of the senate, and criminal justice committee of the house of representatives. Amended by 2023 Tenn. Acts, ch. 88,s 1, eff. 3/31/2023. Amended by 2021 Tenn. Acts, ch. 64, s 128, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 143, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 42, eff. 4/19/2013. Acts 2004, ch. 673, § 20; 2005, ch. 474, §§ 19, 20.
There is established a medicaid fraud control unit, referred to as the medicaid fraud control division, which is separate and distinct from the state medicaid agency, and is within the Tennessee bureau of investigation or within another appropriate agency at the discretion of the governor. As regulated by federal law, the unit is authorized to investigate and refer for prosecution violations of all applicable laws pertaining to provider or vendor fraud and abuse in the administration of the medicaid program; the provision of goods or services or the activities of providers of goods or services under the state medicaid plan; medicare fraud; abuse, neglect, and misappropriation of funds or property in healthcare facilities receiving payments under the state medicaid plan and in board and care facilities as allowed by federal law; and complaints of abuse, neglect, and financial exploitation of medicaid recipients in any setting. A summary of the unit's work shall be included in a report which must be submitted annually to the governor, judiciary committee of the senate, and criminal justice committee of the house of representatives.
Amended by 2023 Tenn. Acts, ch. 88,s 1, eff. 3/31/2023.
Amended by 2021 Tenn. Acts, ch. 64, s 128, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 143, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 42, eff. 4/19/2013.
Acts 2004, ch. 673, § 20; 2005, ch. 474, §§ 19, 20.
Tenn. Code Ann. § 71-3-1203 — TN Code / Title 71 / Chapter 3 / Section 71-3-1203
Submission of final plan and proposed rules
Status: in_force

The department shall submit to the health and welfare committee of the senate and the health committee of the house of representatives its final plan and proposed rules for administration of the drug testing program for TANF applicants by January 15, 2014, and shall implement the drug testing program beginning July 1, 2014, based on the plan submitted, unless otherwise directed by law. Amended by 2013 Tenn. Acts, ch. 236,s 60, eff. 4/19/2013. Acts 2012, ch. 1079, § 4.
The department shall submit to the health and welfare committee of the senate and the health committee of the house of representatives its final plan and proposed rules for administration of the drug testing program for TANF applicants by January 15, 2014, and shall implement the drug testing program beginning July 1, 2014, based on the plan submitted, unless otherwise directed by law.
Amended by 2013 Tenn. Acts, ch. 236,s 60, eff. 4/19/2013.
Acts 2012, ch. 1079, § 4.
Tenn. Code Ann. § 71-4-405 — TN Code / Title 71 / Chapter 4 / Section 71-4-405
Rules governing disbursements - Liability for losses
Status: in_force

Disbursements from the revolving fund shall be made in accordance with rules and regulations recommended by the director approved by the commissioner; provided, that the director shall not be accountable for losses incurred in the making and obtaining of repayment of such advance except for losses due to the director's willful misconduct. Acts 1949, ch. 99, § 5; C. Supp. 1950, § 4765.92 (Williams, § 4765.78e); T.C.A. (orig. ed.), §§ 14-623, 14-14-305.
Disbursements from the revolving fund shall be made in accordance with rules and regulations recommended by the director approved by the commissioner; provided, that the director shall not be accountable for losses incurred in the making and obtaining of repayment of such advance except for losses due to the director's willful misconduct.
Acts 1949, ch. 99, § 5; C. Supp. 1950, § 4765.92 (Williams, § 4765.78e); T.C.A. (orig. ed.), §§ 14-623, 14-14-305.
Tenn. Code Ann. § 71-2-408 — TN Code / Title 71 / Chapter 2 / Section 71-2-408
Notification of denial - Hearings
Status: in_force

Immediately upon the denial of any application for issuance or renewal of a license or upon the revocation of any license, the department shall notify the applicant in writing. Not later than ten (10) days after the department mails the notice, the applicant may submit a written petition for a hearing to the department. Upon receipt by the department of the petition in proper form, such petition shall be set for hearing. The hearing shall be held within sixty (60) days of receipt of the petition. The proceedings shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with the department having all the powers granted in the Uniform Administrative Procedures Act to ensure: (1) Compliance with regulations adopted pursuant to this chapter; (2) Continued demonstrated community need; (3) Conformity of the program to individual participants' assessed and reassessed needs and interests with particular attention to visual, auditory and equipment needs; (4) Suitability of program changes to the community and participants served; and (5) Compliance with any requirements of law or regulations pertaining to fire and safety. Acts 1996, ch. 1058, § 11; T.C.A., § 71-2-410 ; Acts 2000, ch. 981, § 72.
Immediately upon the denial of any application for issuance or renewal of a license or upon the revocation of any license, the department shall notify the applicant in writing. Not later than ten (10) days after the department mails the notice, the applicant may submit a written petition for a hearing to the department. Upon receipt by the department of the petition in proper form, such petition shall be set for hearing. The hearing shall be held within sixty (60) days of receipt of the petition. The proceedings shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with the department having all the powers granted in the Uniform Administrative Procedures Act to ensure:
(1) Compliance with regulations adopted pursuant to this chapter;
(2) Continued demonstrated community need;
(3) Conformity of the program to individual participants' assessed and reassessed needs and interests with particular attention to visual, auditory and equipment needs;
(4) Suitability of program changes to the community and participants served; and
(5) Compliance with any requirements of law or regulations pertaining to fire and safety.
Acts 1996, ch. 1058, § 11; T.C.A., § 71-2-410 ; Acts 2000, ch. 981, § 72.
Tenn. Code Ann. § 71-5-603 — TN Code / Title 71 / Chapter 5 / Section 71-5-603
Rules and regulations
Status: in_force

The commissioner may adopt any rules that are necessary and proper to implement this part, including, but not limited to, any rules or regulations necessary to identify, apply for and negotiate a federal waiver. The rules may be promulgated as emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2006, ch. 961, § 4; 2009, ch. 566, § 12.
The commissioner may adopt any rules that are necessary and proper to implement this part, including, but not limited to, any rules or regulations necessary to identify, apply for and negotiate a federal waiver. The rules may be promulgated as emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2006, ch. 961, § 4; 2009, ch. 566, § 12.
Tenn. Code Ann. § 71-5-2312 — TN Code / Title 71 / Chapter 5 / Section 71-5-2312
Attendance of patients by county physicians
Status: in_force

Whenever any county patient, coming from the county wherein such hospital is located, is without the services of a regular physician, it shall become the duty of the county physician of the county wherein the hospital is situated to attend the patient and to administer medical treatment during the patient's retention in the hospital. Acts 1911, ch. 54, § 4; Shan., § 2706a4; Code 1932, § 4826; T.C.A. (orig. ed.), §§ 14-1012, 14-20-312.
Whenever any county patient, coming from the county wherein such hospital is located, is without the services of a regular physician, it shall become the duty of the county physician of the county wherein the hospital is situated to attend the patient and to administer medical treatment during the patient's retention in the hospital.
Acts 1911, ch. 54, § 4; Shan., § 2706a4; Code 1932, § 4826; T.C.A. (orig. ed.), §§ 14-1012, 14-20-312.
Tenn. Code Ann. § 71-5-1505 — TN Code / Title 71 / Chapter 5 / Section 71-5-1505
Maintenance of coverage trust fund
Status: in_force

(a) Upon approval by the centers for medicare and medicaid services of the assessment imposed by this part, the bureau shall reimburse each ambulance provider with qualifying ground ambulance service medicaid transports in an amount calculated by the bureau. This calculation must be determined by the bureau's estimate of assessment collections and the resulting available program funding, less an annual amount of seventy-five thousand dollars ($75,000) to offset medicaid administration expenses and an annual amount of eighty thousand dollars ($80,000) to offset administrative expenses for the Tennessee Ambulance Services Association. If less than these amounts is needed to offset the administrative expenses, the bureau shall only deduct the amount needed. The bureau's estimate of assessment collections and the resulting program funding, netting out any amounts for offset administrative expenses, must be divided by the bureau's projected number of medicaid transports. The resulting amounts are the additional payment amount made for each medicaid transport reported by the MCOs on a quarterly basis. This amount may change from quarter to quarter. (b) The bureau shall disburse directed payments to ambulance providers based on qualified medicaid transports from the base period as determined by the bureau and as authorized by the centers for medicare and medicaid services. Amended by 2022 Tenn. Acts, ch. 1052, s 3, eff. 5/25/2022. Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018. Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.
(a) Upon approval by the centers for medicare and medicaid services of the assessment imposed by this part, the bureau shall reimburse each ambulance provider with qualifying ground ambulance service medicaid transports in an amount calculated by the bureau. This calculation must be determined by the bureau's estimate of assessment collections and the resulting available program funding, less an annual amount of seventy-five thousand dollars ($75,000) to offset medicaid administration expenses and an annual amount of eighty thousand dollars ($80,000) to offset administrative expenses for the Tennessee Ambulance Services Association. If less than these amounts is needed to offset the administrative expenses, the bureau shall only deduct the amount needed. The bureau's estimate of assessment collections and the resulting program funding, netting out any amounts for offset administrative expenses, must be divided by the bureau's projected number of medicaid transports. The resulting amounts are the additional payment amount made for each medicaid transport reported by the MCOs on a quarterly basis. This amount may change from quarter to quarter.
(b) The bureau shall disburse directed payments to ambulance providers based on qualified medicaid transports from the base period as determined by the bureau and as authorized by the centers for medicare and medicaid services.
Amended by 2022 Tenn. Acts, ch. 1052, s 3, eff. 5/25/2022.
Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018.
Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 71-5-802 — TN Code / Title 71 / Chapter 5 / Section 71-5-802
[Repealed]
Status: repealed

Acts 2014 , ch. 877, § 1; repealed by terms of former § 71-5-806, effective June 30, 2015.
Tenn. Code Ann. § 71-5-119 — TN Code / Title 71 / Chapter 5 / Section 71-5-119
Discrimination prohibited
Status: in_force

(a) No discrimination shall be practiced or asserted against any applicant for or recipient of medical assistance under this chapter on the basis of race, color or national origin. (b) The furnishing of care and services under this part to any applicant or recipient of medical assistance shall not be delayed or denied on the basis of race, color or national origin. Acts 1968, ch. 551, § 19; T.C.A., § 14-1919; Acts 1982, ch. 730, § 17; T.C.A., § 14-23-119.
(a) No discrimination shall be practiced or asserted against any applicant for or recipient of medical assistance under this chapter on the basis of race, color or national origin.
(b) The furnishing of care and services under this part to any applicant or recipient of medical assistance shall not be delayed or denied on the basis of race, color or national origin.
Acts 1968, ch. 551, § 19; T.C.A., § 14-1919; Acts 1982, ch. 730, § 17; T.C.A., § 14-23-119.
Tenn. Code Ann. § 71-4-2106 — TN Code / Title 71 / Chapter 4 / Section 71-4-2106
Plans for implementing community services for the deaf or hard of hearing
Status: in_force

The council shall ensure that long range planning is conducted, which shall include a description of the locations and geographic service areas for community service centers, as well as a determination of personnel needs and strategies for coordinating service providers at state and local levels. Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013. Acts 1978, ch. 889, § 6; T.C.A., §§ 14-2506, 14-18-106.
The council shall ensure that long range planning is conducted, which shall include a description of the locations and geographic service areas for community service centers, as well as a determination of personnel needs and strategies for coordinating service providers at state and local levels.
Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013.
Acts 1978, ch. 889, § 6; T.C.A., §§ 14-2506, 14-18-106.
Tenn. Code Ann. § 71-6-116 — TN Code / Title 71 / Chapter 6 / Section 71-6-116
Motion for review of court decree
Status: in_force

Either party to a proceeding under this part, or any interested person on behalf of the adult subject to such a proceeding, may file a motion for review of the decree of the court at any time. Acts 1986, ch. 630, § 17; T.C.A., § 14-25-116.
Either party to a proceeding under this part, or any interested person on behalf of the adult subject to such a proceeding, may file a motion for review of the decree of the court at any time.
Acts 1986, ch. 630, § 17; T.C.A., § 14-25-116.
Tenn. Code Ann. § 71-2-207 — TN Code / Title 71 / Chapter 2 / Section 71-2-207
Appeal to department
Status: in_force

If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it. The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportunity for a hearing. Acts 1937, ch. 49, § 9; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.26 (Williams, § 4765.25); Acts 1973, ch. 303, § 15; 1974, ch. 628, § 5; T.C.A. (orig. ed.), §§ 14-212, 14-2-107.
If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it. The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportunity for a hearing.
Acts 1937, ch. 49, § 9; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.26 (Williams, § 4765.25); Acts 1973, ch. 303, § 15; 1974, ch. 628, § 5; T.C.A. (orig. ed.), §§ 14-212, 14-2-107.
Tenn. Code Ann. § 71-1-113 — TN Code / Title 71 / Chapter 1 / Section 71-1-113
Expenditure of funds
Status: in_force

The department shall administer and expend funds appropriated to it by the general assembly or available from allotments by the federal government to the state or from contributions from the counties, cities, or other local units of government, or from other sources, in carrying out the duties imposed upon it by § 71-1-105 , including the special training of personnel required to carry out such duties, and including grants to public or other nonprofit institutions of higher learning for training personnel employed or preparing for employment in a public welfare program, and for such other purposes as may be specified by law or delegated to it by the governor, including the publication of reports and the dissemination of information as to the cause and treatment of social ill-being and the prevention of maladjustment and delinquency. Acts 1937, ch. 48, § 4; C. Supp. 1950, § 4765.6 (Williams, § 4765.4); Acts 1953, ch. 10, § 1; 1957, ch. 99, § 1; T.C.A. (orig. ed.), §§ 14-113, 14-1-113.
The department shall administer and expend funds appropriated to it by the general assembly or available from allotments by the federal government to the state or from contributions from the counties, cities, or other local units of government, or from other sources, in carrying out the duties imposed upon it by § 71-1-105 , including the special training of personnel required to carry out such duties, and including grants to public or other nonprofit institutions of higher learning for training personnel employed or preparing for employment in a public welfare program, and for such other purposes as may be specified by law or delegated to it by the governor, including the publication of reports and the dissemination of information as to the cause and treatment of social ill-being and the prevention of maladjustment and delinquency.
Acts 1937, ch. 48, § 4; C. Supp. 1950, § 4765.6 (Williams, § 4765.4); Acts 1953, ch. 10, § 1; 1957, ch. 99, § 1; T.C.A. (orig. ed.), §§ 14-113, 14-1-113.
Tenn. Code Ann. § 71-4-1201 — TN Code / Title 71 / Chapter 4 / Section 71-4-1201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Division" means the division of vocational rehabilitation of the department of human services; (2) "Employed" means engaged in activity of thirty (30) or more hours per week for which the individual receives remuneration at a rate not less than the federal minimum wage; (3) "Family member" means an individual's parent, grandparent, sibling, child, spouse, spouse's parent, spouse's grandparent, spouse's sibling or spouse's child; (4) "Personal care assistance services" means services rendered at least five (5) days a week at the times of day that are required by an individual with a severe physical disability to become physically independent in connection with actual employment. These services include, but are not limited to, any or all of following: (A) Routine bodily functions, such as bowel or bladder care; (B) Dressing; (C) Preparation and consumption of food; (D) Moving into, out of, or turning in bed; (E) Routine bathing; (F) Ambulation; or (G) Any other similar activity of daily living as determined appropriate by the division; and (5) "Severe physical disability" means a functional loss of both arms and both legs, when it is anticipated that the loss will be permanent. Acts 1986, ch. 905, § 3; T.C.A., § 14-16-201.
As used in this part, unless the context otherwise requires:
(1) "Division" means the division of vocational rehabilitation of the department of human services;
(2) "Employed" means engaged in activity of thirty (30) or more hours per week for which the individual receives remuneration at a rate not less than the federal minimum wage;
(3) "Family member" means an individual's parent, grandparent, sibling, child, spouse, spouse's parent, spouse's grandparent, spouse's sibling or spouse's child;
(4) "Personal care assistance services" means services rendered at least five (5) days a week at the times of day that are required by an individual with a severe physical disability to become physically independent in connection with actual employment. These services include, but are not limited to, any or all of following: (A) Routine bodily functions, such as bowel or bladder care; (B) Dressing; (C) Preparation and consumption of food; (D) Moving into, out of, or turning in bed; (E) Routine bathing; (F) Ambulation; or (G) Any other similar activity of daily living as determined appropriate by the division; and
(A) Routine bodily functions, such as bowel or bladder care;
(B) Dressing;
(C) Preparation and consumption of food;
(D) Moving into, out of, or turning in bed;
(E) Routine bathing;
(F) Ambulation; or
(G) Any other similar activity of daily living as determined appropriate by the division; and
(5) "Severe physical disability" means a functional loss of both arms and both legs, when it is anticipated that the loss will be permanent.
Acts 1986, ch. 905, § 3; T.C.A., § 14-16-201.
Tenn. Code Ann. § 71-5-131 — TN Code / Title 71 / Chapter 5 / Section 71-5-131
Contributed funds
Status: in_force

(a) For the purposes of this part, political subdivisions may appropriate funds directly to the department, other public agencies and private sources may transfer funds to the department, and the department may accept unconditional and unrestricted donations of such funds. (b) Contributed funds shall be subject to the department's administrative control and allocated as provided in the general appropriations act, except such contributions shall not reduce state general revenue funding. (c) At the end of any fiscal year, the unobligated balance of any such funds shall not revert to the general fund, but shall be reappropriated for these purposes in the next fiscal year. Acts 1987, ch. 71, § 1.
(a) For the purposes of this part, political subdivisions may appropriate funds directly to the department, other public agencies and private sources may transfer funds to the department, and the department may accept unconditional and unrestricted donations of such funds.
(b) Contributed funds shall be subject to the department's administrative control and allocated as provided in the general appropriations act, except such contributions shall not reduce state general revenue funding.
(c) At the end of any fiscal year, the unobligated balance of any such funds shall not revert to the general fund, but shall be reappropriated for these purposes in the next fiscal year.
Acts 1987, ch. 71, § 1.
Tenn. Code Ann. § 71-1-127 — TN Code / Title 71 / Chapter 1 / Section 71-1-127
Annual training about human trafficking
Status: in_force

The department shall work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to appropriate department personnel in the identification, intervention, prevention, and treatment of human trafficking victims, and in the proper action that should be taken when dealing with a known or suspected victim of human trafficking. The training must also inform department personnel of the resources and agencies available to provide help and services for victims of human trafficking. The training selected by the department must be submitted to, and approved by, the Tennessee bureau of investigation's human trafficking advisory council. Added by 2022 Tenn. Acts, ch. 842,s 3, eff. 1/1/2023.
The department shall work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to appropriate department personnel in the identification, intervention, prevention, and treatment of human trafficking victims, and in the proper action that should be taken when dealing with a known or suspected victim of human trafficking. The training must also inform department personnel of the resources and agencies available to provide help and services for victims of human trafficking. The training selected by the department must be submitted to, and approved by, the Tennessee bureau of investigation's human trafficking advisory council.
Added by 2022 Tenn. Acts, ch. 842,s 3, eff. 1/1/2023.
Tenn. Code Ann. § 71-5-1306 — TN Code / Title 71 / Chapter 5 / Section 71-5-1306
Rules and regulations
Status: in_force

The department of health is authorized to promulgate regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to implement this part. Notwithstanding any other law, the commissioner of health is authorized to promulgate such initial rules as emergency rules pursuant to § 4-5-208 . Acts 1992, ch. 954, § 1; 2009, ch. 566, § 12.
The department of health is authorized to promulgate regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to implement this part. Notwithstanding any other law, the commissioner of health is authorized to promulgate such initial rules as emergency rules pursuant to § 4-5-208 .
Acts 1992, ch. 954, § 1; 2009, ch. 566, § 12.
Tenn. Code Ann. § 71-5-159 — TN Code / Title 71 / Chapter 5 / Section 71-5-159
Complex rehabilitation technology
Status: in_force

(a) As used in this section, "complex rehabilitation technology": (1) Means items classified within medicare as group 3, group 4, or group 5 power wheelchairs and manual wheelchairs with the HCPCS billing codes K0005 and E1161; and (2) Includes options and accessories related to any of such items. (b) The commissioner of finance and administration, or the commissioner's designee, shall recognize complex rehabilitation technology as a separate covered service from other items considered to be durable medical equipment within medicare, and must list complex rehabilitation technology benefits separately on any proposed budget document or other financial publication made available to the public if the budget document or other financial publication establishes a change in reimbursement for complex rehabilitation technology. Added by 2019 Tenn. Acts, ch. 96,s 1, eff. 3/28/2019.
(a) As used in this section, "complex rehabilitation technology": (1) Means items classified within medicare as group 3, group 4, or group 5 power wheelchairs and manual wheelchairs with the HCPCS billing codes K0005 and E1161; and (2) Includes options and accessories related to any of such items.
(1) Means items classified within medicare as group 3, group 4, or group 5 power wheelchairs and manual wheelchairs with the HCPCS billing codes K0005 and E1161; and
(2) Includes options and accessories related to any of such items.
(b) The commissioner of finance and administration, or the commissioner's designee, shall recognize complex rehabilitation technology as a separate covered service from other items considered to be durable medical equipment within medicare, and must list complex rehabilitation technology benefits separately on any proposed budget document or other financial publication made available to the public if the budget document or other financial publication establishes a change in reimbursement for complex rehabilitation technology.
Added by 2019 Tenn. Acts, ch. 96,s 1, eff. 3/28/2019.
Tenn. Code Ann. § 71-4-101 — TN Code / Title 71 / Chapter 4 / Section 71-4-101
Short title
Status: in_force

This part may be cited as the "Aid to the Blind Law." Acts 1937, ch. 51, § 21; C. Supp. 1950, § 4765.57 (Williams, § 4765.75); T.C.A. (orig. ed.), §§ 14-501, 14-13-101.
This part may be cited as the "Aid to the Blind Law."
Acts 1937, ch. 51, § 21; C. Supp. 1950, § 4765.57 (Williams, § 4765.75); T.C.A. (orig. ed.), §§ 14-501, 14-13-101.
Tenn. Code Ann. § 71-5-193 — TN Code / Title 71 / Chapter 5 / Section 71-5-193
Children's mental health care - Development of interagency projects and programs
Status: in_force

The department shall involve the council in the development of interagency projects and programs, whether state or federally funded, related to children's mental health care, except where otherwise prohibited by state or federal law. Acts 2008, ch. 1062, § 12.
The department shall involve the council in the development of interagency projects and programs, whether state or federally funded, related to children's mental health care, except where otherwise prohibited by state or federal law.
Acts 2008, ch. 1062, § 12.
Tenn. Code Ann. § 71-5-1420 — TN Code / Title 71 / Chapter 5 / Section 71-5-1420
Veterans education benefits
Status: in_force

Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part. Acts 2003, ch. 239, § 10; T.C.A. § 71-5-1410 ; Acts 2008, ch. 1190, §§ 1, 11.
Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part.
Acts 2003, ch. 239, § 10; T.C.A. § 71-5-1410 ; Acts 2008, ch. 1190, §§ 1, 11.
Tenn. Code Ann. § 71-6-205 — TN Code / Title 71 / Chapter 6 / Section 71-6-205
Prerequisites to receiving funds for shelters or shelter services
Status: in_force

To receive funds under this part for family violence shelter services or shelters, or both, all applicants shall show that they have provided shelter services for at least six (6) months prior to the application for funds under this part, and that the funds provided under this part will enable them to establish or maintain a shelter for victims of family violence within a defined timetable, in addition to any other services provided as described in the standards promulgated under § 71-6-203(7) . Acts 1984, ch. 930, § 5; T.C.A., § 14-33-105.
To receive funds under this part for family violence shelter services or shelters, or both, all applicants shall show that they have provided shelter services for at least six (6) months prior to the application for funds under this part, and that the funds provided under this part will enable them to establish or maintain a shelter for victims of family violence within a defined timetable, in addition to any other services provided as described in the standards promulgated under § 71-6-203(7) .
Acts 1984, ch. 930, § 5; T.C.A., § 14-33-105.
Tenn. Code Ann. § 71-5-2109 — TN Code / Title 71 / Chapter 5 / Section 71-5-2109
Application for admission
Status: in_force

The commissioners shall examine all applicants for admission into the asylum, and admit or reject any applicant as they may think right. Any applicant who is rejected may appeal to the county mayor, in which case the applicant shall be examined and admitted or excluded in the discretion of the county mayor. Code 1858, § 1606; Shan., § 2690; Code 1932, § 4807; mod. C. Supp. 1950, § 4807; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §§ 14-809, 14-20-109; Acts 2003, ch. 90, § 2.
The commissioners shall examine all applicants for admission into the asylum, and admit or reject any applicant as they may think right. Any applicant who is rejected may appeal to the county mayor, in which case the applicant shall be examined and admitted or excluded in the discretion of the county mayor.
Code 1858, § 1606; Shan., § 2690; Code 1932, § 4807; mod. C. Supp. 1950, § 4807; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §§ 14-809, 14-20-109; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 71-5-703 — TN Code / Title 71 / Chapter 5 / Section 71-5-703
Legislative intent
Status: in_force

It is the intent of the general assembly to remove barriers to employment for individuals who, but for income and resources, meet the federal Social Security definition of having a disability, by providing medical assistance to working individuals with disabilities through a buy-in program in accordance with § 1902(a)(10)(A)(ii)(XIII) of the federal Social Security Act ( 42 U.S.C. § 1396a(a)(10)(A)(ii) (XIII)) and Medicaid eligibility, including using less-restrictive income and resource requirements through the application of § 1902(r)(2) of the Social Security Act ( 42 U.S.C. § 1396(r)(2) ) and cost-sharing requirements established by the bureau and approved by the federal centers for medicare and medicaid services. Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
It is the intent of the general assembly to remove barriers to employment for individuals who, but for income and resources, meet the federal Social Security definition of having a disability, by providing medical assistance to working individuals with disabilities through a buy-in program in accordance with § 1902(a)(10)(A)(ii)(XIII) of the federal Social Security Act ( 42 U.S.C. § 1396a(a)(10)(A)(ii) (XIII)) and Medicaid eligibility, including using less-restrictive income and resource requirements through the application of § 1902(r)(2) of the Social Security Act ( 42 U.S.C. § 1396(r)(2) ) and cost-sharing requirements established by the bureau and approved by the federal centers for medicare and medicaid services.
Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
Tenn. Code Ann. § 71-1-102 — TN Code / Title 71 / Chapter 1 / Section 71-1-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commissioner" means the commissioner of human services; (2) "Department" means the department of human services; (3) "Director" means the director of a division within the department; (4) "Division" means one (1) of the divisions created within the department of human services for the purposes of administration; (5) "Region" means one (1) or more counties grouped for the purpose of local administration; and (6) "Regional director" means the director of a region. Acts 1937, ch. 48, § 14; 1939, ch. 95, § 8; C. Supp. 1950, § 4765.3 (Williams, § 4765.1); impl. am. Acts 1975, ch. 219, §§ 1 (a, b), 2 (a, b); T.C.A. (orig. ed.), §§ 14-102, 14-1-102.
As used in this part, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of human services;
(2) "Department" means the department of human services;
(3) "Director" means the director of a division within the department;
(4) "Division" means one (1) of the divisions created within the department of human services for the purposes of administration;
(5) "Region" means one (1) or more counties grouped for the purpose of local administration; and
(6) "Regional director" means the director of a region.
Acts 1937, ch. 48, § 14; 1939, ch. 95, § 8; C. Supp. 1950, § 4765.3 (Williams, § 4765.1); impl. am. Acts 1975, ch. 219, §§ 1 (a, b), 2 (a, b); T.C.A. (orig. ed.), §§ 14-102, 14-1-102.
Tenn. Code Ann. § 71-5-160 — TN Code / Title 71 / Chapter 5 / Section 71-5-160
Maintenance of coverage trust fund
Status: in_force

(a) There is continued and revived, if necessary, a segregated account within the state treasury that shall be known as the maintenance of coverage trust fund created by Chapter 909 of the Public Acts of 2010. The fund shall not be used to replace any moneys otherwise appropriated to the TennCare program by the general assembly or to replace any moneys appropriated outside of the TennCare program. (b) The maintenance of coverage trust fund shall consist of: (1) All annual coverage assessments received by the bureau; and (2) Investment earnings credited to the assets of the maintenance of coverage trust fund. (c) Monies credited or deposited to the maintenance of coverage trust fund together with all federal matching funds shall be available to and used by the bureau only for expenditures in the TennCare program and shall include the purposes authorized in the annual coverage assessment act enacted by the general assembly and codified in this title. Amended by 2014 Tenn. Acts, ch. 877,s 2, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 250,s 2, eff. 7/1/2013.
(a) There is continued and revived, if necessary, a segregated account within the state treasury that shall be known as the maintenance of coverage trust fund created by Chapter 909 of the Public Acts of 2010. The fund shall not be used to replace any moneys otherwise appropriated to the TennCare program by the general assembly or to replace any moneys appropriated outside of the TennCare program.
(b) The maintenance of coverage trust fund shall consist of: (1) All annual coverage assessments received by the bureau; and (2) Investment earnings credited to the assets of the maintenance of coverage trust fund.
(1) All annual coverage assessments received by the bureau; and
(2) Investment earnings credited to the assets of the maintenance of coverage trust fund.
(c) Monies credited or deposited to the maintenance of coverage trust fund together with all federal matching funds shall be available to and used by the bureau only for expenditures in the TennCare program and shall include the purposes authorized in the annual coverage assessment act enacted by the general assembly and codified in this title.
Amended by 2014 Tenn. Acts, ch. 877,s 2, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 250,s 2, eff. 7/1/2013.
Tenn. Code Ann. § 71-3-608 — TN Code / Title 71 / Chapter 3 / Section 71-3-608
Penalty for interference with children
Status: in_force

It is a Class B misdemeanor for any person to interfere in any way with any of such children in the control and custody of such homes while they are there or at the homes provided for them by such institutions. Acts 1891, ch. 117, § 2; Shan., § 4354; Code 1932, § 4583; T.C.A. (orig. ed.), §§ 14-1208, 14-11-108; Acts 1989, ch. 591, § 112.
It is a Class B misdemeanor for any person to interfere in any way with any of such children in the control and custody of such homes while they are there or at the homes provided for them by such institutions.
Acts 1891, ch. 117, § 2; Shan., § 4354; Code 1932, § 4583; T.C.A. (orig. ed.), §§ 14-1208, 14-11-108; Acts 1989, ch. 591, § 112.
Tenn. Code Ann. § 71-5-2309 — TN Code / Title 71 / Chapter 5 / Section 71-5-2309
Order to receive county patient
Status: in_force

Whenever any county legislative body has so contracted, and it has been made satisfactorily to appear to the county mayor of any county that a sick or injured person is unable on account of poverty to procure proper care and medical attention, the county mayor shall issue an order to the hospital to receive the person for treatment as a county patient. Acts 1911, ch. 54, § 2; Shan., § 2706a2; Code 1932, § 4824; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §§ 14-1009, 14-20-309; Acts 2003, ch. 90, § 2.
Whenever any county legislative body has so contracted, and it has been made satisfactorily to appear to the county mayor of any county that a sick or injured person is unable on account of poverty to procure proper care and medical attention, the county mayor shall issue an order to the hospital to receive the person for treatment as a county patient.
Acts 1911, ch. 54, § 2; Shan., § 2706a2; Code 1932, § 4824; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §§ 14-1009, 14-20-309; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 71-4-607 — TN Code / Title 71 / Chapter 4 / Section 71-4-607
Administration - Personnel - Rules and regulations
Status: in_force

(a) The department is hereby authorized to adopt and promulgate rules and regulations with respect to methods of administration, use of medical and other records of individuals who have been provided vocational rehabilitation services for the blind, and the establishment and maintenance of personnel standards, including provisions relating to the tenure, appointment and qualification of personnel, which shall govern with respect to such matters notwithstanding any other law; provided, that such activities must conform with any applicable rules and regulations of the department of human resources. (b) The department of human services is also authorized and directed to adopt and promulgate rules and regulations respecting: (1) The establishment and maintenance of minimum standards governing the facilities and personnel utilized in the provision of vocational rehabilitation services for the blind; and (2) The order to be followed in selecting those to whom vocational rehabilitation services are to be provided in situations where such services cannot be provided to all eligible blind people. Acts 1955, ch. 243, § 7; impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, § 4; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-631, 14-14-407.
(a) The department is hereby authorized to adopt and promulgate rules and regulations with respect to methods of administration, use of medical and other records of individuals who have been provided vocational rehabilitation services for the blind, and the establishment and maintenance of personnel standards, including provisions relating to the tenure, appointment and qualification of personnel, which shall govern with respect to such matters notwithstanding any other law; provided, that such activities must conform with any applicable rules and regulations of the department of human resources.
(b) The department of human services is also authorized and directed to adopt and promulgate rules and regulations respecting: (1) The establishment and maintenance of minimum standards governing the facilities and personnel utilized in the provision of vocational rehabilitation services for the blind; and (2) The order to be followed in selecting those to whom vocational rehabilitation services are to be provided in situations where such services cannot be provided to all eligible blind people.
(1) The establishment and maintenance of minimum standards governing the facilities and personnel utilized in the provision of vocational rehabilitation services for the blind; and
(2) The order to be followed in selecting those to whom vocational rehabilitation services are to be provided in situations where such services cannot be provided to all eligible blind people.
Acts 1955, ch. 243, § 7; impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, § 4; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-631, 14-14-407.
Tenn. Code Ann. § 71-3-119 — TN Code / Title 71 / Chapter 3 / Section 71-3-119
Use of lists of recipients
Status: in_force

(a) Except as permitted by §§ 71-1-117 and 71-1-118 , it is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of any list or names of, or any information concerning, persons applying for or receiving aid and services to needy families with children, directly or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or acquired in the course of the performance of official duties. (b) A violation of this section is a Class C misdemeanor. Acts 1941, ch. 148, § 1; C. Supp. 1950, § 4765.56 (Williams, § 11412.7); impl. am. Acts 1953, ch. 29, §§ 1, 2; Acts 1963, ch. 129, § 1; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-319, 14-8-119; Acts 1989, ch. 591, § 113.
(a) Except as permitted by §§ 71-1-117 and 71-1-118 , it is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of any list or names of, or any information concerning, persons applying for or receiving aid and services to needy families with children, directly or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or acquired in the course of the performance of official duties.
(b) A violation of this section is a Class C misdemeanor.
Acts 1941, ch. 148, § 1; C. Supp. 1950, § 4765.56 (Williams, § 11412.7); impl. am. Acts 1953, ch. 29, §§ 1, 2; Acts 1963, ch. 129, § 1; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-319, 14-8-119; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 71-2-410 — TN Code / Title 71 / Chapter 2 / Section 71-2-410
Governing boards
Status: in_force

The department shall require each adult day care center operated by a municipality or county or by a nonprofit corporation and caring for ten (10) or more persons to have a governing board. The governing board of an adult day care center, having final authority and responsibility for conduct of the center, shall be comprised of four (4) or more persons. The governing board may include members who may be recipients of the services of the adult day care center, relatives of such recipients, or representatives of community organizations with particular interest in programs for the elderly. No member of the governing board, nor any member of the immediate family of a member of the governing board, shall have any direct or indirect interest in any contract for supplying services to the adult day care center. Acts 1996, ch. 1058, § 13; 1997, ch. 449, § 3; T.C.A. § 71-2-412 ; Acts 2000, ch. 981, § 72.
The department shall require each adult day care center operated by a municipality or county or by a nonprofit corporation and caring for ten (10) or more persons to have a governing board. The governing board of an adult day care center, having final authority and responsibility for conduct of the center, shall be comprised of four (4) or more persons. The governing board may include members who may be recipients of the services of the adult day care center, relatives of such recipients, or representatives of community organizations with particular interest in programs for the elderly. No member of the governing board, nor any member of the immediate family of a member of the governing board, shall have any direct or indirect interest in any contract for supplying services to the adult day care center.
Acts 1996, ch. 1058, § 13; 1997, ch. 449, § 3; T.C.A. § 71-2-412 ; Acts 2000, ch. 981, § 72.
Tenn. Code Ann. § 71-4-2108 — TN Code / Title 71 / Chapter 4 / Section 71-4-2108
Source of funds
Status: in_force

The council for the deaf, deaf-blind, and hard of hearing is authorized to pursue and receive moneys from any source, including appropriate federal funds, gifts, grants, and bequests, which shall be expended for the purposes designated in this part. Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013. Acts 1978, ch. 889, § 8; T.C.A., §§ 14-2508, 14-18-108; Acts 2001, ch. 174, § 19.
The council for the deaf, deaf-blind, and hard of hearing is authorized to pursue and receive moneys from any source, including appropriate federal funds, gifts, grants, and bequests, which shall be expended for the purposes designated in this part.
Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013.
Acts 1978, ch. 889, § 8; T.C.A., §§ 14-2508, 14-18-108; Acts 2001, ch. 174, § 19.
Tenn. Code Ann. § 71-4-1205 — TN Code / Title 71 / Chapter 4 / Section 71-4-1205
Eligibility evaluation teams
Status: in_force

(a) The director of the division shall designate one (1) or more evaluation teams, which shall consist of at least two (2) persons, one (1) of whom shall be a licensed medical professional and one (1) of whom shall be a licensed occupational therapist or physical therapist. (b) Each individual who applies to the division for a personal care assistance services subsidy shall be evaluated by an evaluation team, which shall determine the need of that individual for personal care assistance service and the extent of that need. (c) An individual receiving a personal care assistance services subsidy pursuant to this part shall be periodically reevaluated by an evaluation team to determine such individual's continuing need for personal care assistance services and the extent of that need. Acts 1986, ch. 905, § 7; T.C.A., § 14-16-205.
(a) The director of the division shall designate one (1) or more evaluation teams, which shall consist of at least two (2) persons, one (1) of whom shall be a licensed medical professional and one (1) of whom shall be a licensed occupational therapist or physical therapist.
(b) Each individual who applies to the division for a personal care assistance services subsidy shall be evaluated by an evaluation team, which shall determine the need of that individual for personal care assistance service and the extent of that need.
(c) An individual receiving a personal care assistance services subsidy pursuant to this part shall be periodically reevaluated by an evaluation team to determine such individual's continuing need for personal care assistance services and the extent of that need.
Acts 1986, ch. 905, § 7; T.C.A., § 14-16-205.
Tenn. Code Ann. § 71-1-201 — TN Code / Title 71 / Chapter 1 / Section 71-1-201
Advance payment
Status: in_force

Organizations, businesses, or institutions engaged in contracts with the state to provide social services to third parties, including Title XX ( 42 U.S.C. §§ 1397 et seq.), weatherization, low income energy assistance and other community services administered or funded by the department of human services, that are partially funded by federal grants provided on a cost reimbursement basis, may request advance payment from the state. Acts 1976, ch. 454, § 1; T.C.A., § 14-2401; Acts 1984, ch. 789, § 1; T.C.A., § 14-32-101.
Organizations, businesses, or institutions engaged in contracts with the state to provide social services to third parties, including Title XX ( 42 U.S.C. §§ 1397 et seq.), weatherization, low income energy assistance and other community services administered or funded by the department of human services, that are partially funded by federal grants provided on a cost reimbursement basis, may request advance payment from the state.
Acts 1976, ch. 454, § 1; T.C.A., § 14-2401; Acts 1984, ch. 789, § 1; T.C.A., § 14-32-101.
Tenn. Code Ann. § 71-4-1101 — TN Code / Title 71 / Chapter 4 / Section 71-4-1101
Short title
Status: in_force

This part may be cited as the "Aid to the Disabled Act." Acts 1953, ch. 16, § 18 (Williams, § 4765.170); T.C.A. (orig. ed.), §§ 14-401, 14-16-101.
This part may be cited as the "Aid to the Disabled Act."
Acts 1953, ch. 16, § 18 (Williams, § 4765.170); T.C.A. (orig. ed.), §§ 14-401, 14-16-101.
Tenn. Code Ann. § 71-3-504 — TN Code / Title 71 / Chapter 3 / Section 71-3-504
Injunctions against unlicensed operations
Status: in_force

(a) The department may, in accordance with the laws of this state governing injunctions, maintain an action in the name of the state of Tennessee to enjoin any person, partnership, association, corporation or other entity from establishing, conducting, managing or operating any place or facility providing services to children without having a license as required by law, or from continuing to operate any such place or facility following suspension of a license or following the effective date of the denial or revocation of a license. (b) In charging any defendant in a complaint for such injunction, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a place, home or facility of any kind that is a child care agency, as defined in this part or to charge that the defendant is about to do so without having in effect a license as required by law, or that the defendant continues to operate any such place or facility following suspension of a license, or following the effective date of the denial or revocation of a license, without averring any further or more particular facts concerning the case. Acts 2000, ch. 981, § 5; 2001, ch. 453, § 8.
(a) The department may, in accordance with the laws of this state governing injunctions, maintain an action in the name of the state of Tennessee to enjoin any person, partnership, association, corporation or other entity from establishing, conducting, managing or operating any place or facility providing services to children without having a license as required by law, or from continuing to operate any such place or facility following suspension of a license or following the effective date of the denial or revocation of a license.
(b) In charging any defendant in a complaint for such injunction, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a place, home or facility of any kind that is a child care agency, as defined in this part or to charge that the defendant is about to do so without having in effect a license as required by law, or that the defendant continues to operate any such place or facility following suspension of a license, or following the effective date of the denial or revocation of a license, without averring any further or more particular facts concerning the case.
Acts 2000, ch. 981, § 5; 2001, ch. 453, § 8.
Tenn. Code Ann. § 71-5-141 — TN Code / Title 71 / Chapter 5 / Section 71-5-141
Eligibility of aliens for medical assistance
Status: in_force

(a) Aliens shall be eligible for medical assistance, including participation in the TennCare program, only to the same extent as permitted under federal law and regulations for receipt of federal financial participation under Title XIX of the federal Social Security Act, except as otherwise provided in this section. (b) In accordance with Section 1903(v)(1) of the federal Social Security Act, an alien shall only be eligible for the full scope of medical assistance benefits, if the alien has been lawfully admitted for permanent residence, or is otherwise permanently residing in the United States under color of law. (c) For purposes of this section, aliens "permanently residing in the United States under color of law" shall be interpreted to include all aliens residing in the United States with the knowledge and permission of the United States immigration and naturalization service and whose departure the United States immigration and naturalization service does not contemplate enforcing and with respect to whom federal financial participation is available under Title XIX of the federal Social Security Act. Acts 2002, ch. 880, § 17.
(a) Aliens shall be eligible for medical assistance, including participation in the TennCare program, only to the same extent as permitted under federal law and regulations for receipt of federal financial participation under Title XIX of the federal Social Security Act, except as otherwise provided in this section.
(b) In accordance with Section 1903(v)(1) of the federal Social Security Act, an alien shall only be eligible for the full scope of medical assistance benefits, if the alien has been lawfully admitted for permanent residence, or is otherwise permanently residing in the United States under color of law.
(c) For purposes of this section, aliens "permanently residing in the United States under color of law" shall be interpreted to include all aliens residing in the United States with the knowledge and permission of the United States immigration and naturalization service and whose departure the United States immigration and naturalization service does not contemplate enforcing and with respect to whom federal financial participation is available under Title XIX of the federal Social Security Act.
Acts 2002, ch. 880, § 17.
Tenn. Code Ann. § 71-5-202 — TN Code / Title 71 / Chapter 5 / Section 71-5-202
Restrictions on services
Status: in_force

Medical services that are presently provided in specialized public health facilities as in tuberculosis hospitals, mental institutions, and institutions providing highly specialized inpatient care shall not be undertaken by the organizations and clinics covered by this part, and such services will be rendered under present statutes on a referral basis from such organizations and clinics. Acts 1973, ch. 262, § 2; 1975, ch. 58, § 3; T.C.A., §§ 14-1931, 14-23-203, 71-5-203.
Medical services that are presently provided in specialized public health facilities as in tuberculosis hospitals, mental institutions, and institutions providing highly specialized inpatient care shall not be undertaken by the organizations and clinics covered by this part, and such services will be rendered under present statutes on a referral basis from such organizations and clinics.
Acts 1973, ch. 262, § 2; 1975, ch. 58, § 3; T.C.A., §§ 14-1931, 14-23-203, 71-5-203.
Tenn. Code Ann. § 71-5-199 — TN Code / Title 71 / Chapter 5 / Section 71-5-199
State preferred drug list
Status: in_force

(a) Except as otherwise provided in this section, the division of TennCare may, in its sole discretion, adopt or amend a state preferred drug list (PDL). The adoption or amendment of a PDL, and the recommendations of the TennCare pharmacy advisory committee to the division are not agency actions and do not require rulemaking. (b) (1) In establishing and maintaining the PDL, the division shall ensure that a non-opioid drug approved by the United States food and drug administration for the treatment or management of pain is not disadvantaged or discouraged with respect to coverage relative to any opioid or narcotic drug for the treatment or management of pain on the PDL. (2) Subdivision (b)(1) does not prohibit an opioid medication from being preferred over other opioid medications, or a non-opioid medication from being preferred over other non-opioid medications. (c) This section applies to a non-opioid drug immediately upon its approval by the United States food and drug administration for the treatment or management of pain, regardless of whether the drug has been reviewed by the division for inclusion on the PDL. This section also applies to drugs being provided under a contract between the division and any managed care organization. Amended by 2024 Tenn. Acts, ch. 762,s 1, eff. 7/1/2024. Acts 2004, ch. 673, § 15.
(a) Except as otherwise provided in this section, the division of TennCare may, in its sole discretion, adopt or amend a state preferred drug list (PDL). The adoption or amendment of a PDL, and the recommendations of the TennCare pharmacy advisory committee to the division are not agency actions and do not require rulemaking.
(b) (1) In establishing and maintaining the PDL, the division shall ensure that a non-opioid drug approved by the United States food and drug administration for the treatment or management of pain is not disadvantaged or discouraged with respect to coverage relative to any opioid or narcotic drug for the treatment or management of pain on the PDL. (2) Subdivision (b)(1) does not prohibit an opioid medication from being preferred over other opioid medications, or a non-opioid medication from being preferred over other non-opioid medications.
(1) In establishing and maintaining the PDL, the division shall ensure that a non-opioid drug approved by the United States food and drug administration for the treatment or management of pain is not disadvantaged or discouraged with respect to coverage relative to any opioid or narcotic drug for the treatment or management of pain on the PDL.
(2) Subdivision (b)(1) does not prohibit an opioid medication from being preferred over other opioid medications, or a non-opioid medication from being preferred over other non-opioid medications.
(c) This section applies to a non-opioid drug immediately upon its approval by the United States food and drug administration for the treatment or management of pain, regardless of whether the drug has been reviewed by the division for inclusion on the PDL. This section also applies to drugs being provided under a contract between the division and any managed care organization.
Amended by 2024 Tenn. Acts, ch. 762,s 1, eff. 7/1/2024.
Acts 2004, ch. 673, § 15.
Tenn. Code Ann. § 71-3-301 — TN Code / Title 71 / Chapter 3 / Section 71-3-301
County legislative body binding out as apprentices
Status: in_force

The county legislative body may bind out as apprentices suitable orphan children, or the children of any person unable to provide for their support, until the age of eighteen (18) years. Code 1858, § 1622 (deriv. Acts 1762, ch. 5, § 19; 1825, ch. 46, § 1); Shan., § 2706; mod. Code 1932, § 4822; impl. am. Acts 1971, ch. 162, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1501, 14-9-101.
The county legislative body may bind out as apprentices suitable orphan children, or the children of any person unable to provide for their support, until the age of eighteen (18) years.
Code 1858, § 1622 (deriv. Acts 1762, ch. 5, § 19; 1825, ch. 46, § 1); Shan., § 2706; mod. Code 1932, § 4822; impl. am. Acts 1971, ch. 162, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1501, 14-9-101.
Tenn. Code Ann. § 71-5-2514 — TN Code / Title 71 / Chapter 5 / Section 71-5-2514
Definitions
Status: in_force

As used in §§ 71-5-2513 - 71-5-2521, unless the context otherwise requires: (1) "Access" means the ability to extract intelligible information through automated means, and to store, retrieve, use, and otherwise manipulate that information in a way that may lead to meaningful analysis with the aid of commonly available computer software and hardware; (2) "Data" means representations of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalized manner, and are intended to be stored or processed, or are being stored or processed, or have been stored or processed in a computer, computer system, computer network or other electronic medium; (3) "Data mining" means the automated extraction of predictive information from data for the purpose of finding patterns of behavior and trends or anomalies that may otherwise escape detection, the advanced statistical analysis and modeling of the data to find useful patterns and relationships, and the use of computational techniques involving statistics, machine learning and pattern recognition to analyze the data; (4) "Single state agency" means the agency of the state of Tennessee that is designated, pursuant to 42 CFR 431.10(b) , to administer or supervise the administration of the medicaid program under Title XIX of the Social Security Act ( 42 U.S.C. § 1395 et seq.); and (5) "TennCare related data" means all data that relates to medical assistance or any assistance to TennCare recipients, applicants, or enrollees as defined in this part. The data includes data evidencing identity and eligibility of recipients and the receipt by recipients of medical assistance or any assistance paid for by TennCare. Acts 2006, ch. 1010, § 1.
As used in §§ 71-5-2513 - 71-5-2521, unless the context otherwise requires:
(1) "Access" means the ability to extract intelligible information through automated means, and to store, retrieve, use, and otherwise manipulate that information in a way that may lead to meaningful analysis with the aid of commonly available computer software and hardware;
(2) "Data" means representations of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalized manner, and are intended to be stored or processed, or are being stored or processed, or have been stored or processed in a computer, computer system, computer network or other electronic medium;
(3) "Data mining" means the automated extraction of predictive information from data for the purpose of finding patterns of behavior and trends or anomalies that may otherwise escape detection, the advanced statistical analysis and modeling of the data to find useful patterns and relationships, and the use of computational techniques involving statistics, machine learning and pattern recognition to analyze the data;
(4) "Single state agency" means the agency of the state of Tennessee that is designated, pursuant to 42 CFR 431.10(b) , to administer or supervise the administration of the medicaid program under Title XIX of the Social Security Act ( 42 U.S.C. § 1395 et seq.); and
(5) "TennCare related data" means all data that relates to medical assistance or any assistance to TennCare recipients, applicants, or enrollees as defined in this part. The data includes data evidencing identity and eligibility of recipients and the receipt by recipients of medical assistance or any assistance paid for by TennCare.
Acts 2006, ch. 1010, § 1.
Tenn. Code Ann. § 71-5-318 — TN Code / Title 71 / Chapter 5 / Section 71-5-318
Study and report on food assistance program application process
Status: in_force

(a) The department shall identify any federal regulations or state law or rules that it determines inhibit the department's ability to timely review and approve applications and deliver benefits for the food assistance program. (b) The department shall identify any federal waivers it deems necessary to alleviate any federal regulatory limitations it identifies pursuant to subsection (a), and shall, no later than October 31, 2024, submit applications to the federal government for such waivers. (c) On or before December 31, 2024, the department shall submit a report to the chair of the health and welfare committee of the senate, the chair of the health committee of the house of representatives, and the legislative librarian that details its findings pursuant to subsection (a), describes any waiver applications it has submitted pursuant to subsection (b) and the status of such applications, and includes recommendations to the general assembly for any statutory changes the department deems necessary to facilitate efficient processing and approval of applications and delivery of benefits for the food assistance program. Added by 2024 Tenn. Acts, ch. 1047,s 1, eff. 5/28/2024.
(a) The department shall identify any federal regulations or state law or rules that it determines inhibit the department's ability to timely review and approve applications and deliver benefits for the food assistance program.
(b) The department shall identify any federal waivers it deems necessary to alleviate any federal regulatory limitations it identifies pursuant to subsection (a), and shall, no later than October 31, 2024, submit applications to the federal government for such waivers.
(c) On or before December 31, 2024, the department shall submit a report to the chair of the health and welfare committee of the senate, the chair of the health committee of the house of representatives, and the legislative librarian that details its findings pursuant to subsection (a), describes any waiver applications it has submitted pursuant to subsection (b) and the status of such applications, and includes recommendations to the general assembly for any statutory changes the department deems necessary to facilitate efficient processing and approval of applications and delivery of benefits for the food assistance program.
Added by 2024 Tenn. Acts, ch. 1047,s 1, eff. 5/28/2024.
Tenn. Code Ann. § 71-5-2204 — TN Code / Title 71 / Chapter 5 / Section 71-5-2204
Compensation
Status: in_force

The county legislative body shall in all cases pay a reasonable compensation to the superintendent and the commissioners. Code 1858, § 1614; Shan., § 2698; Code 1932, § 4815; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-904, 14-20-204.
The county legislative body shall in all cases pay a reasonable compensation to the superintendent and the commissioners.
Code 1858, § 1614; Shan., § 2698; Code 1932, § 4815; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-904, 14-20-204.
Tenn. Code Ann. § 71-2-204 — TN Code / Title 71 / Chapter 2 / Section 71-2-204
Determination of amount of assistance
Status: in_force

The amount of assistance that any person shall receive in the form of supplementary money payments shall be determined by an application of § 212(a) of Public Law 93-66 and rules and regulations made by the department establishing standards of need and allowable resources to the recipient's present personal and economic circumstances. Acts 1937, ch. 49, § 3; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.20 (Williams, § 4765.19); Acts 1953, ch. 8, § 1; modified; 1957, ch. 22, § 3; 1957, ch. 117, § 2; 1961, ch. 24, § 1; 1965, ch. 14, § 3; 1967, ch. 64, § 3; 1973, ch. 303, § 12; 1974, ch. 628, § 3; T.C.A. (orig. ed.), §§ 14-204, 14-2-104.
The amount of assistance that any person shall receive in the form of supplementary money payments shall be determined by an application of § 212(a) of Public Law 93-66 and rules and regulations made by the department establishing standards of need and allowable resources to the recipient's present personal and economic circumstances.
Acts 1937, ch. 49, § 3; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.20 (Williams, § 4765.19); Acts 1953, ch. 8, § 1; modified; 1957, ch. 22, § 3; 1957, ch. 117, § 2; 1961, ch. 24, § 1; 1965, ch. 14, § 3; 1967, ch. 64, § 3; 1973, ch. 303, § 12; 1974, ch. 628, § 3; T.C.A. (orig. ed.), §§ 14-204, 14-2-104.
Tenn. Code Ann. § 71-4-2105 — TN Code / Title 71 / Chapter 4 / Section 71-4-2105
Data supplied by state agencies and political subdivisions
Status: in_force

The council for the deaf, deaf-blind, and hard of hearing may request and shall receive from any department, division, board, bureau, commission, or agency of the state or of any political subdivision of the state such data as might be needed to enable it to properly carry out its activities under this part. Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013. Acts 1978, ch. 889, § 5; T.C.A., §§ 14-2505, 14-18-105; Acts 2001, ch. 174, § 17.
The council for the deaf, deaf-blind, and hard of hearing may request and shall receive from any department, division, board, bureau, commission, or agency of the state or of any political subdivision of the state such data as might be needed to enable it to properly carry out its activities under this part.
Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013.
Acts 1978, ch. 889, § 5; T.C.A., §§ 14-2505, 14-18-105; Acts 2001, ch. 174, § 17.
Tenn. Code Ann. § 71-4-610 — TN Code / Title 71 / Chapter 4 / Section 71-4-610
Hearing on grievances
Status: in_force

Any blind individual applying for or receiving vocational rehabilitation who is aggrieved by any action of the vocational rehabilitation service for the blind shall be entitled in accordance with regulations promulgated by the commissioner to a fair hearing, and the decision so made after such hearing shall be final. Acts 1955, ch. 243, § 10; T.C.A., §§ 14-634, 14-14-410.
Any blind individual applying for or receiving vocational rehabilitation who is aggrieved by any action of the vocational rehabilitation service for the blind shall be entitled in accordance with regulations promulgated by the commissioner to a fair hearing, and the decision so made after such hearing shall be final.
Acts 1955, ch. 243, § 10; T.C.A., §§ 14-634, 14-14-410.
Tenn. Code Ann. § 71-5-1302 — TN Code / Title 71 / Chapter 5 / Section 71-5-1302
Eligibility
Status: in_force

To be eligible to apply for a grant assistance payment under this part, an individual must meet the following qualifications: (1) The individual must have resided or be residing, after June 30, 1992, in a facility licensed by the state as a nursing home. Residents in facilities certified as intermediate care facilities for the mentally retarded are not eligible; and (2) For each day for which grant assistance is sought, the individual's nursing home care must not have been paid for, in whole or in part, by a federal, state or combined federal-state medical care program. Acts 1992, ch. 954, § 1.
To be eligible to apply for a grant assistance payment under this part, an individual must meet the following qualifications:
(1) The individual must have resided or be residing, after June 30, 1992, in a facility licensed by the state as a nursing home. Residents in facilities certified as intermediate care facilities for the mentally retarded are not eligible; and
(2) For each day for which grant assistance is sought, the individual's nursing home care must not have been paid for, in whole or in part, by a federal, state or combined federal-state medical care program.
Acts 1992, ch. 954, § 1.
Tenn. Code Ann. § 71-3-1111 — TN Code / Title 71 / Chapter 3 / Section 71-3-1111
[Effective until 6/30/2025. See T.C.A. 71-3-1113] Annual report
Status: in_force

This part shall be reviewed annually by the commerce and labor committee of the senate, the insurance committee of the house of representatives, the finance, ways and means committee of the senate and the finance, ways and means committee of the house of representatives, and these committees shall recommend necessary changes to the governor and the general assembly. Amended by 2019 Tenn. Acts, ch. 345, s 133, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 17, eff. 4/19/2013. Acts 2006, ch. 867, § 10.
This part shall be reviewed annually by the commerce and labor committee of the senate, the insurance committee of the house of representatives, the finance, ways and means committee of the senate and the finance, ways and means committee of the house of representatives, and these committees shall recommend necessary changes to the governor and the general assembly.
Amended by 2019 Tenn. Acts, ch. 345, s 133, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 17, eff. 4/19/2013.
Acts 2006, ch. 867, § 10.
Tenn. Code Ann. § 71-4-1104 — TN Code / Title 71 / Chapter 4 / Section 71-4-1104
Amount of assistance
Status: in_force

The amount of assistance that any person shall receive in the form of supplementary payments shall be determined by an application of § 212(a) of Public Law 93-66, and rules and regulations made by the department establishing standards of need and allowable resources to the recipient's present personal and economic circumstances. Acts 1953, ch. 16, § 3 (Williams, § 4765.155); modified; Acts 1957, ch. 22, § 5; 1957, ch. 117, § 16; 1961, ch. 27, § 1; 1965, ch. 9, § 3; 1967, ch. 51, § 3; 1973, ch. 303, § 18; 1974, ch. 628, § 9; T.C.A. (orig. ed.), §§ 14-404, 14-16-104.
The amount of assistance that any person shall receive in the form of supplementary payments shall be determined by an application of § 212(a) of Public Law 93-66, and rules and regulations made by the department establishing standards of need and allowable resources to the recipient's present personal and economic circumstances.
Acts 1953, ch. 16, § 3 (Williams, § 4765.155); modified; Acts 1957, ch. 22, § 5; 1957, ch. 117, § 16; 1961, ch. 27, § 1; 1965, ch. 9, § 3; 1967, ch. 51, § 3; 1973, ch. 303, § 18; 1974, ch. 628, § 9; T.C.A. (orig. ed.), §§ 14-404, 14-16-104.
Tenn. Code Ann. § 71-5-1424 — TN Code / Title 71 / Chapter 5 / Section 71-5-1424
Hearing on appeal of TennCare's initial determination of ineligibility for nursing facility services - Motion to intervene by facility
Status: in_force

If an individual appeals TennCare's initial determination that they are not eligible for TennCare nursing facility services: (1) The hearing on any appeal of an initial determination that the individual is not financially eligible shall be conducted and a final order rendered within ninety (90) days from the date of the individual's appeal; provided, however, that if the individual files a petition for reconsideration of an initial order or appeals an order, other than a final order, pertaining to an initial determination made by TennCare under this section prior to the expiration of the ninety-day period, the running of the ninety-day period shall be tolled pending the outcome of such petition for reconsideration or appeal; and (2) The facility may be entitled to participate in any proceeding and hearing that appeals an initial determination that the individual is not financially or medically eligible through the filing of a motion to intervene in that proceeding under § 4-5-310 . The administrative judge or hearing officer shall grant a facility's motion to intervene in the appeal of a resident or former resident's eligibility, absent a showing by one (1) or more parties to the appeal that the facility's participation would cause that party to incur an undue burden or unnecessary expense. Amended by 2020 Tenn. Acts, ch. 750, s 1, eff. 6/22/2020. Added by 2014 Tenn. Acts, ch. 911, s 1, eff. 5/13/2014.
If an individual appeals TennCare's initial determination that they are not eligible for TennCare nursing facility services:
(1) The hearing on any appeal of an initial determination that the individual is not financially eligible shall be conducted and a final order rendered within ninety (90) days from the date of the individual's appeal; provided, however, that if the individual files a petition for reconsideration of an initial order or appeals an order, other than a final order, pertaining to an initial determination made by TennCare under this section prior to the expiration of the ninety-day period, the running of the ninety-day period shall be tolled pending the outcome of such petition for reconsideration or appeal; and
(2) The facility may be entitled to participate in any proceeding and hearing that appeals an initial determination that the individual is not financially or medically eligible through the filing of a motion to intervene in that proceeding under § 4-5-310 . The administrative judge or hearing officer shall grant a facility's motion to intervene in the appeal of a resident or former resident's eligibility, absent a showing by one (1) or more parties to the appeal that the facility's participation would cause that party to incur an undue burden or unnecessary expense.
Amended by 2020 Tenn. Acts, ch. 750, s 1, eff. 6/22/2020.
Added by 2014 Tenn. Acts, ch. 911, s 1, eff. 5/13/2014.
Tenn. Code Ann. § 71-3-512 — TN Code / Title 71 / Chapter 3 / Section 71-3-512
Five-year-olds attending day care institutions lacking kindergarten status
Status: in_force

(a) A family child care home, group child care home or child care center that lacks approved kindergarten status for purposes of § 49-6-201 shall not enroll or continue to enroll any child five (5) years of age during the period of the local education agency's regular school year, without first obtaining from the child's parents or legal guardians a signed acknowledgment of the fact that the child's attendance at the family child care home, group child care home or child care center does not satisfy the mandatory kindergarten prerequisite for the child's enrollment in the first grade. (b) Any such signed acknowledgment shall be retained by the family child care home, group child care home or child care center for a period of two (2) years. Failure to comply with the requirements of this section may subject the family child care home, group child care home, or child care center to probation, denial or revocation of the child care agency license, or to civil penalty, by the department. Acts 2000, ch. 981, § 13.
(a) A family child care home, group child care home or child care center that lacks approved kindergarten status for purposes of § 49-6-201 shall not enroll or continue to enroll any child five (5) years of age during the period of the local education agency's regular school year, without first obtaining from the child's parents or legal guardians a signed acknowledgment of the fact that the child's attendance at the family child care home, group child care home or child care center does not satisfy the mandatory kindergarten prerequisite for the child's enrollment in the first grade.
(b) Any such signed acknowledgment shall be retained by the family child care home, group child care home or child care center for a period of two (2) years. Failure to comply with the requirements of this section may subject the family child care home, group child care home, or child care center to probation, denial or revocation of the child care agency license, or to civil penalty, by the department.
Acts 2000, ch. 981, § 13.
Tenn. Code Ann. § 71-4-102 — TN Code / Title 71 / Chapter 4 / Section 71-4-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Assistance" means money payments made to or in behalf of blind persons in need, or medical care, or both, including hospitalization, outpatient care and treatment, nursing home care, drugs or any other type of remedial care recognized under state law in behalf of blind persons in need, but does not include subdivisions (1)(A)-(1)(D) unless the Social Security Act (42 U.S.C.), is amended to include one (1) or more of the following: (A) Any such payments to or care in behalf of any individual who is an inmate of a public institution, except as a patient in a medical institution, or any individual who is a patient in an institution for tuberculosis or mental diseases; (B) Any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result of having tuberculosis or psychosis; (C) Any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that such person has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution as a result of such diagnosis, for forty-two (42) days; or (D) Is not an inmate of any private institution except such private institution as has been approved by the department at the time of receiving assistance; (2) "Department" means the department of human services; (3) "Ophthalmologist" means a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye; (4) "Optometrist" means any person licensed to practice optometry in this state and holding a current certificate of registration; (5) "Recipient" means a person who was receiving aid to the blind benefits during the month of December, 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally provided supplemental security income benefits; and (6) "Regional director" means the director of a region under chapter 1, part 1 of this title. Acts 1937, ch. 51, § 1; 1939, ch. 166, § 1; C. Supp. 1950, § 4765.58 (Williams, § 4765.57); Acts 1951, ch. 194, § 1; 1957, ch. 117, § 21; 1965, ch. 16, § 1; 1973, ch. 337, § 4; 1974, ch. 628, § 13; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), §§ 14-502, 14-13-102.
As used in this part, unless the context otherwise requires:
(1) "Assistance" means money payments made to or in behalf of blind persons in need, or medical care, or both, including hospitalization, outpatient care and treatment, nursing home care, drugs or any other type of remedial care recognized under state law in behalf of blind persons in need, but does not include subdivisions (1)(A)-(1)(D) unless the Social Security Act (42 U.S.C.), is amended to include one (1) or more of the following: (A) Any such payments to or care in behalf of any individual who is an inmate of a public institution, except as a patient in a medical institution, or any individual who is a patient in an institution for tuberculosis or mental diseases; (B) Any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result of having tuberculosis or psychosis; (C) Any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that such person has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution as a result of such diagnosis, for forty-two (42) days; or (D) Is not an inmate of any private institution except such private institution as has been approved by the department at the time of receiving assistance;
(A) Any such payments to or care in behalf of any individual who is an inmate of a public institution, except as a patient in a medical institution, or any individual who is a patient in an institution for tuberculosis or mental diseases;
(B) Any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result of having tuberculosis or psychosis;
(C) Any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that such person has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution as a result of such diagnosis, for forty-two (42) days; or
(D) Is not an inmate of any private institution except such private institution as has been approved by the department at the time of receiving assistance;
(2) "Department" means the department of human services;
(3) "Ophthalmologist" means a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye;
(4) "Optometrist" means any person licensed to practice optometry in this state and holding a current certificate of registration;
(5) "Recipient" means a person who was receiving aid to the blind benefits during the month of December, 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally provided supplemental security income benefits; and
(6) "Regional director" means the director of a region under chapter 1, part 1 of this title.
Acts 1937, ch. 51, § 1; 1939, ch. 166, § 1; C. Supp. 1950, § 4765.58 (Williams, § 4765.57); Acts 1951, ch. 194, § 1; 1957, ch. 117, § 21; 1965, ch. 16, § 1; 1973, ch. 337, § 4; 1974, ch. 628, § 13; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), §§ 14-502, 14-13-102.
Tenn. Code Ann. § 71-3-906 — TN Code / Title 71 / Chapter 3 / Section 71-3-906
Micro-lending program
Status: in_force

A micro-lending program is one that provides training, technical assistance and loan funds to low-income entrepreneurs to start or expand a business venture. Acts 1996, ch. 886, § 6.
A micro-lending program is one that provides training, technical assistance and loan funds to low-income entrepreneurs to start or expand a business venture.
Acts 1996, ch. 886, § 6.
Tenn. Code Ann. § 71-4-606 — TN Code / Title 71 / Chapter 4 / Section 71-4-606
Federal employees included
Status: in_force

Rehabilitation services provided under the state plan for the blind shall be available to any blind civil employee of the United States disabled while in the performance of the blind civil employee's duty, on the same terms and conditions as apply to other persons. Acts 1955, ch. 243, § 6; T.C.A., §§ 14-630, 14-14-406.
Rehabilitation services provided under the state plan for the blind shall be available to any blind civil employee of the United States disabled while in the performance of the blind civil employee's duty, on the same terms and conditions as apply to other persons.
Acts 1955, ch. 243, § 6; T.C.A., §§ 14-630, 14-14-406.
Tenn. Code Ann. § 71-5-1008 — TN Code / Title 71 / Chapter 5 / Section 71-5-1008
Oversight authority of fiscal review committee
Status: in_force

The fiscal review committee shall review and have oversight of the implementation of this part and the nursing home assessment trust fund. Acts 2014, ch. 859, § 1.
The fiscal review committee shall review and have oversight of the implementation of this part and the nursing home assessment trust fund.
Acts 2014, ch. 859, § 1.
Tenn. Code Ann. § 71-5-2305 — TN Code / Title 71 / Chapter 5 / Section 71-5-2305
Employment of poor by contracts
Status: in_force

Such contractors under §§ 71-5-2303 and 71-5-2304 may employ a poor person in any work for which such person's age, health, and strength are competent, but subject to the supervision of the commissioners of the poor, and, in the last resort, of the county legislative body. Code 1858, § 1617; Shan., § 2701; Code 1932, § 4818; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1005, 14-20-305.
Such contractors under §§ 71-5-2303 and 71-5-2304 may employ a poor person in any work for which such person's age, health, and strength are competent, but subject to the supervision of the commissioners of the poor, and, in the last resort, of the county legislative body.
Code 1858, § 1617; Shan., § 2701; Code 1932, § 4818; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1005, 14-20-305.
Tenn. Code Ann. § 71-3-516 — TN Code / Title 71 / Chapter 3 / Section 71-3-516
Restrictions on license for drop-in center regarding care of school-age children on snow days
Status: in_force

Any license for a drop-in center issued under this part shall specify whether the center is appropriate for handling school-age children on snow days. A drop-in center may not accept any school-age child for care unless the department determines that center is an appropriate and safe location for such children on snow days. The department shall determine whether the center has adequate space for school-age children and shall set a limit on the number of such children that a center may accept on any one day. No child thirteen (13) years of age or older may be cared for by a drop-in center on a snow day. The center shall also provide to the department a list of trained care givers and other staff who are available for emergency calling and shall annually update such list. Acts 2005, ch. 93, § 2; T.C.A., § 71-3-534.
Any license for a drop-in center issued under this part shall specify whether the center is appropriate for handling school-age children on snow days. A drop-in center may not accept any school-age child for care unless the department determines that center is an appropriate and safe location for such children on snow days. The department shall determine whether the center has adequate space for school-age children and shall set a limit on the number of such children that a center may accept on any one day. No child thirteen (13) years of age or older may be cared for by a drop-in center on a snow day. The center shall also provide to the department a list of trained care givers and other staff who are available for emergency calling and shall annually update such list.
Acts 2005, ch. 93, § 2; T.C.A., § 71-3-534.
Tenn. Code Ann. § 71-5-1421 — TN Code / Title 71 / Chapter 5 / Section 71-5-1421
Prompt payment of claims and liability for bad faith failure to pay claims promptly
Status: in_force

Any managed care organization shall comply with § 56-32-126 and any prompt pay provisions within the MCO contractor risk agreements with TennCare. In addition, the MCO shall ensure that ninety percent (90%) of clean claims for nursing facility services shall be processed and paid within fourteen (14) calendar days and ninety-nine and one half percent (99.5%) paid within twenty-one (21) days. Acts 2008, ch. 1190, § 25; 2012, ch. 971, § 5.
Any managed care organization shall comply with § 56-32-126 and any prompt pay provisions within the MCO contractor risk agreements with TennCare. In addition, the MCO shall ensure that ninety percent (90%) of clean claims for nursing facility services shall be processed and paid within fourteen (14) calendar days and ninety-nine and one half percent (99.5%) paid within twenty-one (21) days.
Acts 2008, ch. 1190, § 25; 2012, ch. 971, § 5.
Tenn. Code Ann. § 71-3-302 — TN Code / Title 71 / Chapter 3 / Section 71-3-302
Illegitimate children as apprentices
Status: in_force

The county legislative body may bind out illegitimate children in the same way as orphans, upon its satisfactorily appearing that the mother of such illegitimate children disregards their moral and mental culture, and either keeps or lives in a house of ill fame, and upon its further appearing that the condition of such children would be thereby bettered, although the mother may provide ordinary food and clothing for the mother's children. Code 1858, § 1625; Shan., § 2708; Code 1932, § 4918; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1502, 14-9-102.
The county legislative body may bind out illegitimate children in the same way as orphans, upon its satisfactorily appearing that the mother of such illegitimate children disregards their moral and mental culture, and either keeps or lives in a house of ill fame, and upon its further appearing that the condition of such children would be thereby bettered, although the mother may provide ordinary food and clothing for the mother's children.
Code 1858, § 1625; Shan., § 2708; Code 1932, § 4918; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1502, 14-9-102.
Tenn. Code Ann. § 71-5-706 — TN Code / Title 71 / Chapter 5 / Section 71-5-706
Individual eligibility requirements
Status: in_force

The director shall ensure that the buy-in program: (1) Requires that, for a person to qualify for the program, the person must: (A) Meet the following general requirements as established for the medical assistance program: (i) Residence in this state; (ii) Citizenship or immigration status in the United States; (iii) Possession of a valid social security account number; and (iv) Assignment of medical support rights to this state; (B) Be at least eighteen (18) years of age; (C) Meet federal disability requirements; and (D) Be employed full- or part-time, including self-employment; (2) Does not require a resource test; (3) Requires that an enrollee comply with cost-sharing provisions; and (4) Allows a person who, once approved for the program, experiences a job loss to choose to continue program coverage through the original six (6) months of eligibility, if: (A) The job loss results from an involuntary dismissal or health crisis; and (B) The person continues to pay the monthly premium based on the person's income. Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
The director shall ensure that the buy-in program:
(1) Requires that, for a person to qualify for the program, the person must: (A) Meet the following general requirements as established for the medical assistance program: (i) Residence in this state; (ii) Citizenship or immigration status in the United States; (iii) Possession of a valid social security account number; and (iv) Assignment of medical support rights to this state; (B) Be at least eighteen (18) years of age; (C) Meet federal disability requirements; and (D) Be employed full- or part-time, including self-employment;
(A) Meet the following general requirements as established for the medical assistance program: (i) Residence in this state; (ii) Citizenship or immigration status in the United States; (iii) Possession of a valid social security account number; and (iv) Assignment of medical support rights to this state;
(i) Residence in this state;
(ii) Citizenship or immigration status in the United States;
(iii) Possession of a valid social security account number; and
(iv) Assignment of medical support rights to this state;
(B) Be at least eighteen (18) years of age;
(C) Meet federal disability requirements; and
(D) Be employed full- or part-time, including self-employment;
(2) Does not require a resource test;
(3) Requires that an enrollee comply with cost-sharing provisions; and
(4) Allows a person who, once approved for the program, experiences a job loss to choose to continue program coverage through the original six (6) months of eligibility, if: (A) The job loss results from an involuntary dismissal or health crisis; and (B) The person continues to pay the monthly premium based on the person's income.
(A) The job loss results from an involuntary dismissal or health crisis; and
(B) The person continues to pay the monthly premium based on the person's income.
Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
Tenn. Code Ann. § 71-2-209 — TN Code / Title 71 / Chapter 2 / Section 71-2-209
Periodical reinvestigation of grants
Status: in_force

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 of the department. After such further investigation as the regional director or a designated agent may deem necessary or the department may require, the amount of assistance may be changed or assistance may be entirely withdrawn if the recipient's circumstances have altered to warrant such action. Acts 1937, ch. 49, § 10; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.27 (Williams, § 4765.26); Acts 1957, ch. 117, § 5; 1973, ch. 303, § 17; T.C.A. (orig. ed.), §§ 14-215, 14-2-109.
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 of the department. After such further investigation as the regional director or a designated agent may deem necessary or the department may require, the amount of assistance may be changed or assistance may be entirely withdrawn if the recipient's circumstances have altered to warrant such action.
Acts 1937, ch. 49, § 10; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.27 (Williams, § 4765.26); Acts 1957, ch. 117, § 5; 1973, ch. 303, § 17; T.C.A. (orig. ed.), §§ 14-215, 14-2-109.
Tenn. Code Ann. § 71-5-153 — TN Code / Title 71 / Chapter 5 / Section 71-5-153
Verification of information
Status: in_force

(a) Prior to awarding assistance, and on a quarterly basis thereafter, the bureau of TennCare shall verify identity information for each respective applicant and enrollee against the following: (1) Wage and income information maintained by state and federal sources; (2) Immigration status information maintained by federal citizenship and immigration services; and (3) Information maintained by the department of health, office of vital records. (b) Subsection (a) shall not take effect until the last day of the first full quarter following implementation of an automated, electronic eligibility system by the bureau of TennCare. The bureau of TennCare shall notify the executive secretary of the code commission upon implementation of an automated, electronic eligibility system. Added by 2017 Tenn. Acts, ch. 191,s 4, eff. 12/1/2017.
(a) Prior to awarding assistance, and on a quarterly basis thereafter, the bureau of TennCare shall verify identity information for each respective applicant and enrollee against the following: (1) Wage and income information maintained by state and federal sources; (2) Immigration status information maintained by federal citizenship and immigration services; and (3) Information maintained by the department of health, office of vital records.
(1) Wage and income information maintained by state and federal sources;
(2) Immigration status information maintained by federal citizenship and immigration services; and
(3) Information maintained by the department of health, office of vital records.
(b) Subsection (a) shall not take effect until the last day of the first full quarter following implementation of an automated, electronic eligibility system by the bureau of TennCare. The bureau of TennCare shall notify the executive secretary of the code commission upon implementation of an automated, electronic eligibility system.
Added by 2017 Tenn. Acts, ch. 191,s 4, eff. 12/1/2017.
Tenn. Code Ann. § 71-5-2108 — TN Code / Title 71 / Chapter 5 / Section 71-5-2108
Residence of inmates
Status: in_force

No person shall be admitted into the asylum who has not been an actual resident of the county for one (1) whole year preceding the person's application. Code 1858, § 1607; Shan., § 2691; mod. Code 1932, § 4808; T.C.A. (orig. ed.), §§ 14-808, 14-20-108.
No person shall be admitted into the asylum who has not been an actual resident of the county for one (1) whole year preceding the person's application.
Code 1858, § 1607; Shan., § 2691; mod. Code 1932, § 4808; T.C.A. (orig. ed.), §§ 14-808, 14-20-108.
Tenn. Code Ann. § 71-4-108 — TN Code / Title 71 / Chapter 4 / Section 71-4-108
Appeal to department
Status: in_force

(a) If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it. (b) The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportunity for a hearing. Acts 1937, ch. 51, § 10; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.67 (Williams, § 4765.66); Acts 1973, ch. 303, § 27; 1974, ch. 628, § 18; T.C.A. (orig. ed.), §§ 14-514, 14-13-108.
(a) If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it.
(b) The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportunity for a hearing.
Acts 1937, ch. 51, § 10; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.67 (Williams, § 4765.66); Acts 1973, ch. 303, § 27; 1974, ch. 628, § 18; T.C.A. (orig. ed.), §§ 14-514, 14-13-108.
Tenn. Code Ann. § 71-2-404 — TN Code / Title 71 / Chapter 2 / Section 71-2-404
Profits - Application requirements
Status: in_force

If an adult day care center is operated only by a municipality or county or by a nonprofit corporation, no part of the net earnings may lawfully inure to the benefit of any private shareholder or individual. An applicant for initial licensure as an adult day care center shall file with the department, pursuant to its regulations, an application on forms furnished by the department, which shall include, but not be limited to, the following: (1) Evidence satisfactory to the department that the applicant, its directors and officers, if the applicant is a nonprofit corporation, and the person designated to manage the day to day affairs of the proposed adult day care center are of reputable and responsible character; (2) Evidence satisfactory to the department of the ability of the applicant to comply with this part and of rules and regulations adopted pursuant to this part by the department; (3) Such other information as may be required by the department for the proper administration and enforcement of this part. Acts 1996, ch. 1058, § 5.
If an adult day care center is operated only by a municipality or county or by a nonprofit corporation, no part of the net earnings may lawfully inure to the benefit of any private shareholder or individual. An applicant for initial licensure as an adult day care center shall file with the department, pursuant to its regulations, an application on forms furnished by the department, which shall include, but not be limited to, the following:
(1) Evidence satisfactory to the department that the applicant, its directors and officers, if the applicant is a nonprofit corporation, and the person designated to manage the day to day affairs of the proposed adult day care center are of reputable and responsible character;
(2) Evidence satisfactory to the department of the ability of the applicant to comply with this part and of rules and regulations adopted pursuant to this part by the department;
(3) Such other information as may be required by the department for the proper administration and enforcement of this part.
Acts 1996, ch. 1058, § 5.
Tenn. Code Ann. § 71-5-2202 — TN Code / Title 71 / Chapter 5 / Section 71-5-2202
Oath of office
Status: in_force

Each commissioner, before entering upon the discharge of such commissioner's duties, shall take an oath before the county clerk, in term or vacation, to well and truly discharge such commissioner's duties as prescribed by law. Code 1858, § 1599 (deriv. Acts 1826 Private, ch. 56, § 4; 1831, ch. 89, § 3); Shan., § 2683; Code 1932, § 4800; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), §§ 14-902, 14-20-202.
Each commissioner, before entering upon the discharge of such commissioner's duties, shall take an oath before the county clerk, in term or vacation, to well and truly discharge such commissioner's duties as prescribed by law.
Code 1858, § 1599 (deriv. Acts 1826 Private, ch. 56, § 4; 1831, ch. 89, § 3); Shan., § 2683; Code 1932, § 4800; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), §§ 14-902, 14-20-202.
Tenn. Code Ann. § 71-5-194 — TN Code / Title 71 / Chapter 5 / Section 71-5-194
Spend down eligibility for medical assistance
Status: in_force

On or before July 1, 2003, the department of human services shall make available on the department of human services' web page all rules, operating procedures and any other similar material relative to determining an individual's spend down eligibility for medical assistance under this chapter and the operating procedures and any other similar material necessary for a pharmacy to determine which prescriptions used to qualify the patient for TennCare through the spend down eligibility criteria are eligible to be billed to the TennCare program based on the effective date of eligibility for medical assistance. Acts 2003, ch. 131, § 1.
On or before July 1, 2003, the department of human services shall make available on the department of human services' web page all rules, operating procedures and any other similar material relative to determining an individual's spend down eligibility for medical assistance under this chapter and the operating procedures and any other similar material necessary for a pharmacy to determine which prescriptions used to qualify the patient for TennCare through the spend down eligibility criteria are eligible to be billed to the TennCare program based on the effective date of eligibility for medical assistance.
Acts 2003, ch. 131, § 1.
Tenn. Code Ann. § 71-5-701 — TN Code / Title 71 / Chapter 5 / Section 71-5-701
Short title
Status: in_force

This part is known and may be cited as the "TennCare for Working Individuals with Disabilities Act." Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024. Prior (expired) version of this part added by 2013 Tenn. Acts, ch. 250, s 1, eff. 7/1/2013.
This part is known and may be cited as the "TennCare for Working Individuals with Disabilities Act."
Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
Prior (expired) version of this part added by 2013 Tenn. Acts, ch. 250, s 1, eff. 7/1/2013.
Tenn. Code Ann. § 71-5-1311 — TN Code / Title 71 / Chapter 5 / Section 71-5-1311
Veterans education benefits
Status: in_force

Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part. Acts 2003, ch. 239, § 9.
Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part.
Acts 2003, ch. 239, § 9.
Tenn. Code Ann. § 71-4-203 — TN Code / Title 71 / Chapter 4 / Section 71-4-203
Division of services for the blind created
Status: in_force

(a) The department of human services shall create a division of services for the blind to develop measures for the prevention of blindness, the restoration of sight, and the vocational adjustment of blind persons, including employment in regular industries, independent business, workshops for the blind, or home industries, rehabilitation training and the instruction of adult blind in their homes; provided, that nothing in this section shall be construed to interfere with vending stands already located in state buildings and operated by blind persons. (b) All state service regulations now in force and effect in other divisions of the department shall apply in carrying out this section; provided, that this subsection (b) does not apply to employees in the workshops for the blind paid on a piecework or hourly basis. Acts 1953, ch. 13, §§ 1, 2 (Williams, §§ 4765.3b, 4765.3c); modified; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-601, 14-14-103; Acts 2012, ch. 800, § 49.
(a) The department of human services shall create a division of services for the blind to develop measures for the prevention of blindness, the restoration of sight, and the vocational adjustment of blind persons, including employment in regular industries, independent business, workshops for the blind, or home industries, rehabilitation training and the instruction of adult blind in their homes; provided, that nothing in this section shall be construed to interfere with vending stands already located in state buildings and operated by blind persons.
(b) All state service regulations now in force and effect in other divisions of the department shall apply in carrying out this section; provided, that this subsection (b) does not apply to employees in the workshops for the blind paid on a piecework or hourly basis.
Acts 1953, ch. 13, §§ 1, 2 (Williams, §§ 4765.3b, 4765.3c); modified; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-601, 14-14-103; Acts 2012, ch. 800, § 49.
Tenn. Code Ann. § 71-4-114 — TN Code / Title 71 / Chapter 4 / Section 71-4-114
Charging for assistance to applicants
Status: in_force

(a) It is unlawful for any person, firm, or corporation to directly or indirectly either charge or receive anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under any statutes of this state providing for financial assistance to the needy blind. (b) A violation of this section is a Class C misdemeanor. Acts 1937, ch. 118, § 1; 1941, ch. 41, § 1; mod. C. Supp. 1950, § 4765.78 (Williams, § 4765.37); T.C.A. (orig. ed.), §§ 14-521, 14-13-114; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person, firm, or corporation to directly or indirectly either charge or receive anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under any statutes of this state providing for financial assistance to the needy blind.
(b) A violation of this section is a Class C misdemeanor.
Acts 1937, ch. 118, § 1; 1941, ch. 41, § 1; mod. C. Supp. 1950, § 4765.78 (Williams, § 4765.37); T.C.A. (orig. ed.), §§ 14-521, 14-13-114; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 71-5-134 — TN Code / Title 71 / Chapter 5 / Section 71-5-134
Rules and regulations - Funding medical assistance
Status: in_force

The commissioner of finance and administration is authorized to promulgate rules and regulations to effectuate the purposes of the amendments to §§ 71-5-102 - 71-5-106 by Acts 1993, ch. 358. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1993, ch. 358, § 7; 2007, ch. 505, §§ 1, 2.
The commissioner of finance and administration is authorized to promulgate rules and regulations to effectuate the purposes of the amendments to §§ 71-5-102 - 71-5-106 by Acts 1993, ch. 358. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1993, ch. 358, § 7; 2007, ch. 505, §§ 1, 2.
Tenn. Code Ann. § 71-5-2207 — TN Code / Title 71 / Chapter 5 / Section 71-5-2207
Book of accounts - Items entered
Status: in_force

The commissioners shall keep a book of accounts, in which they shall charge themselves with all moneys drawn by them from the treasury of the county, specifying the number and date of the warrant on which each sum was drawn, and credit themselves with their disbursements, giving the number and date of each voucher, and preserving the same. Code 1858, § 1602; Shan., § 2686; Code 1932, § 4803; T.C.A. (orig. ed.), §§ 14-907, 14-20-207.
The commissioners shall keep a book of accounts, in which they shall charge themselves with all moneys drawn by them from the treasury of the county, specifying the number and date of the warrant on which each sum was drawn, and credit themselves with their disbursements, giving the number and date of each voucher, and preserving the same.
Code 1858, § 1602; Shan., § 2686; Code 1932, § 4803; T.C.A. (orig. ed.), §§ 14-907, 14-20-207.
Tenn. Code Ann. § 71-2-105 — TN Code / Title 71 / Chapter 2 / Section 71-2-105
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 221, s 2, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 221, s 1, eff. 4/25/2023. Amended by 2022 Tenn. Acts, ch. 1049, s 2, eff. 5/25/2022. Amended by 2014 Tenn. Acts, ch. 556, s 5, eff. 3/21/2014. Amended by 2016 Tenn. Acts, ch. 690, Secs.s 1, s 2, s 3, s 4 eff. 3/24/2016. Amended by 2015 Tenn. Acts, ch. 461, s 1, eff. 5/18/2015. Amended by 2013 Tenn. Acts, ch. 236, s 58, eff. 4/19/2013. Acts 1981, ch. 428, § 6; 1982, ch. 834, § 6; 1984, ch. 943, § 3; T.C.A., § 14-6-105; Acts 2001, ch. 397, § 6; 2002, ch. 703, § 1; 2012 , ch. 986, § 15.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 221, s 2, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 221, s 1, eff. 4/25/2023.
Amended by 2022 Tenn. Acts, ch. 1049, s 2, eff. 5/25/2022.
Amended by 2014 Tenn. Acts, ch. 556, s 5, eff. 3/21/2014.
Amended by 2016 Tenn. Acts, ch. 690, Secs.s 1, s 2, s 3, s 4 eff. 3/24/2016.
Amended by 2015 Tenn. Acts, ch. 461, s 1, eff. 5/18/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 58, eff. 4/19/2013.
Acts 1981, ch. 428, § 6; 1982, ch. 834, § 6; 1984, ch. 943, § 3; T.C.A., § 14-6-105; Acts 2001, ch. 397, § 6; 2002, ch. 703, § 1; 2012 , ch. 986, § 15.
Tenn. Code Ann. § 71-3-115 — TN Code / Title 71 / Chapter 3 / Section 71-3-115
Investment of funds in individual development or other accounts
Status: in_force

Any individual development accounts or other such accounts established for the benefit of recipients under this part or related programs shall be administered as approved by the state treasurer, who shall prescribe investment procedures for the corpus of such funds in a manner that the state treasurer determines in consultation with the commissioners of human services and finance and administration; provided, that the interest accruing from such accounts shall remain in those accounts and shall be distributed to the recipients, on an equitable basis, in the manner determined by the state treasurer in consultation with the commissioners. Acts 1996, ch. 950, § 34; T.C.A., § 71-3-165.
Any individual development accounts or other such accounts established for the benefit of recipients under this part or related programs shall be administered as approved by the state treasurer, who shall prescribe investment procedures for the corpus of such funds in a manner that the state treasurer determines in consultation with the commissioners of human services and finance and administration; provided, that the interest accruing from such accounts shall remain in those accounts and shall be distributed to the recipients, on an equitable basis, in the manner determined by the state treasurer in consultation with the commissioners.
Acts 1996, ch. 950, § 34; T.C.A., § 71-3-165.
Tenn. Code Ann. § 71-3-602 — TN Code / Title 71 / Chapter 3 / Section 71-3-602
Powers over property
Status: in_force

The corporations enumerated in § 71-3-601 may own and hold real and personal property necessary for building, cultivation, and to rent out to raise means to assist in the support of such corporations. Acts 1885, ch. 92, § 8; Shan., § 4351; Code 1932, § 4580; T.C.A. (orig. ed.), §§ 14-1202, 14-11-102.
The corporations enumerated in § 71-3-601 may own and hold real and personal property necessary for building, cultivation, and to rent out to raise means to assist in the support of such corporations.
Acts 1885, ch. 92, § 8; Shan., § 4351; Code 1932, § 4580; T.C.A. (orig. ed.), §§ 14-1202, 14-11-102.
Tenn. Code Ann. § 71-4-801 — TN Code / Title 71 / Chapter 4 / Section 71-4-801
Short title
Status: in_force

This part shall be known and may be cited as "The Achieving a Better Life Experience (ABLE) Act." Acts 2015, ch. 470, § 1.
This part shall be known and may be cited as "The Achieving a Better Life Experience (ABLE) Act."
Acts 2015, ch. 470, § 1.
Tenn. Code Ann. § 71-6-303 — TN Code / Title 71 / Chapter 6 / Section 71-6-303
Powers and duties of department
Status: in_force

In administrating these programs, the department: (1) Shall establish an advisory committee, which shall review all program criteria adopted by the department and advise the commissioner relative to the allocation of funds under this part. The committee shall consist of five (5) members, one (1) of whom should be a former client of a sexual assault program. Three (3) of the committee members shall be appointed by the commissioner of the department with consent and approval of the governor. Two (2) of the advisory committee members shall be appointed by the governor from among persons recommended by the Tennessee coalition against domestic and sexual violence. Each committee member shall be selected for a four-year term and may be selected to serve successive terms. Committee members shall be reimbursed for their actual expenses in attending meetings, with travel expenses to be reimbursed in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter; (2) May not disburse more than fifty thousand dollars ($50,000) from state funds provided under this part to any one (1) sexual assault program in one (1) fiscal year in order to assure that funds are distributed statewide, unless the department finds that exceeding the fifty thousand dollar ($50,000) guideline is warranted by the availability of funds, the area served by the provider, or the best interests of the citizens served by the program; (3) Shall accept any federal funds that may be available for use in carrying out this part and may use state funds, in addition to the funds allocated under this part, as matching funds for federal funds if matching funds are required; (4) May expend only those actual amounts, including travel expenses for advisory committee members, reasonably necessary for administration of the funds provided under this part; (5) Shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary to carry out the purposes of this part related to the programs under its jurisdiction. The department shall, upon recommendation of its advisory committee, establish standards for operation of the services including establishment of a timetable for application and disbursement of funds; and (6) Shall require an annual report from each service funded, which shall include, in addition to all information required by the department, statistics on the number of persons requesting service, the number of persons served, the type of service rendered and a description of the social and economic characteristics of the person served and the number and type of referrals, including medical, legal, and educational services, made to other community resources. No information contained in the report shall identify any person served or enable any person to determine the identity of such a person. Acts 2003, ch. 304, § 2.
In administrating these programs, the department:
(1) Shall establish an advisory committee, which shall review all program criteria adopted by the department and advise the commissioner relative to the allocation of funds under this part. The committee shall consist of five (5) members, one (1) of whom should be a former client of a sexual assault program. Three (3) of the committee members shall be appointed by the commissioner of the department with consent and approval of the governor. Two (2) of the advisory committee members shall be appointed by the governor from among persons recommended by the Tennessee coalition against domestic and sexual violence. Each committee member shall be selected for a four-year term and may be selected to serve successive terms. Committee members shall be reimbursed for their actual expenses in attending meetings, with travel expenses to be reimbursed in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter;
(2) May not disburse more than fifty thousand dollars ($50,000) from state funds provided under this part to any one (1) sexual assault program in one (1) fiscal year in order to assure that funds are distributed statewide, unless the department finds that exceeding the fifty thousand dollar ($50,000) guideline is warranted by the availability of funds, the area served by the provider, or the best interests of the citizens served by the program;
(3) Shall accept any federal funds that may be available for use in carrying out this part and may use state funds, in addition to the funds allocated under this part, as matching funds for federal funds if matching funds are required;
(4) May expend only those actual amounts, including travel expenses for advisory committee members, reasonably necessary for administration of the funds provided under this part;
(5) Shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary to carry out the purposes of this part related to the programs under its jurisdiction. The department shall, upon recommendation of its advisory committee, establish standards for operation of the services including establishment of a timetable for application and disbursement of funds; and
(6) Shall require an annual report from each service funded, which shall include, in addition to all information required by the department, statistics on the number of persons requesting service, the number of persons served, the type of service rendered and a description of the social and economic characteristics of the person served and the number and type of referrals, including medical, legal, and educational services, made to other community resources. No information contained in the report shall identify any person served or enable any person to determine the identity of such a person.
Acts 2003, ch. 304, § 2.
Tenn. Code Ann. § 71-2-303 — TN Code / Title 71 / Chapter 2 / Section 71-2-303
Duties of department
Status: in_force

The department shall: (1) Supervise the administration of medical assistance; (2) Make such rules and regulations and take such action as may be necessary or desirable for carrying out of this part, to the end that equitable treatment shall be afforded to individuals in similar circumstances. All rules and regulations made by the department shall be binding on the counties and shall be complied with by the respective regional directors; (3) Establish statewide standards for determining the amount of medical assistance that any person shall receive; (4) Employ personnel for the administration of this part in conformity with title 8, chapter 30, and the rules and regulations of the department of human resources; and (5) Publish an annual report and such interim reports as may be necessary. Acts 1961, ch. 96, § 4; 1971, ch. 43, § 4; T.C.A., §§ 14-1604, 14-3-103; Acts 2012, ch. 800, § 49.
The department shall:
(1) Supervise the administration of medical assistance;
(2) Make such rules and regulations and take such action as may be necessary or desirable for carrying out of this part, to the end that equitable treatment shall be afforded to individuals in similar circumstances. All rules and regulations made by the department shall be binding on the counties and shall be complied with by the respective regional directors;
(3) Establish statewide standards for determining the amount of medical assistance that any person shall receive;
(4) Employ personnel for the administration of this part in conformity with title 8, chapter 30, and the rules and regulations of the department of human resources; and
(5) Publish an annual report and such interim reports as may be necessary.
Acts 1961, ch. 96, § 4; 1971, ch. 43, § 4; T.C.A., §§ 14-1604, 14-3-103; Acts 2012, ch. 800, § 49.
Tenn. Code Ann. § 71-2-118 — TN Code / Title 71 / Chapter 2 / Section 71-2-118
[Repealed]
Status: repealed

Amended by 2024 Tenn. Acts, ch. 688,s 179, eff. 7/1/2024. Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Added by 2022 Tenn. Acts, ch. 1081, s 2, eff. 5/27/2022.
Amended by 2024 Tenn. Acts, ch. 688,s 179, eff. 7/1/2024.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Added by 2022 Tenn. Acts, ch. 1081, s 2, eff. 5/27/2022.
Tenn. Code Ann. § 71-5-506 — TN Code / Title 71 / Chapter 5 / Section 71-5-506
Annual report
Status: in_force

The department shall prepare and submit an annual report on the operations of the Tennessee pharmaceutical connection program to the governor, the speaker of the senate and the speaker of the house of representatives. Acts 2005, ch. 474, § 5.
The department shall prepare and submit an annual report on the operations of the Tennessee pharmaceutical connection program to the governor, the speaker of the senate and the speaker of the house of representatives.
Acts 2005, ch. 474, § 5.
Tenn. Code Ann. § 71-4-1112 — TN Code / Title 71 / Chapter 4 / Section 71-4-1112
Assignment of benefits prohibited - Exemption from legal process
Status: in_force

Assistance granted under this part shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law. Acts 1953, ch. 16, § 8 (Williams, § 4765.160); T.C.A. (orig. ed.), § 14-417; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-112.
Assistance granted under this part shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.
Acts 1953, ch. 16, § 8 (Williams, § 4765.160); T.C.A. (orig. ed.), § 14-417; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-112.
Tenn. Code Ann. § 71-5-1503 — TN Code / Title 71 / Chapter 5 / Section 71-5-1503
Annual coverage assessment on covered hospitals
Status: in_force

(a) An ambulance provider shall pay an assessment to the bureau: (1) In accordance with this part; (2) In the amount designated in § 71-5-1504 ; (3) Quarterly, on a day determined by the bureau; and (4) No more than thirty (30) business days after the day on which the bureau issues the ambulance provider notice of the assessment. (b) The bureau shall: (1) Determine the standards and procedures used to implement and enforce this part; (2) Collect the assessment described in subsection (a); and (3) Transfer assessment proceeds to the state treasurer for deposit into the ambulance service assessment revenue fund created in § 71-5-1508 . (c) An ambulance provider shall not increase charges or add a surcharge to ground transports based on, or as a result of, the assessment described in subsection (a). Amended by 2020 Tenn. Acts, ch. 643, s 5, eff. 4/1/2020. Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018. Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.
(a) An ambulance provider shall pay an assessment to the bureau: (1) In accordance with this part; (2) In the amount designated in § 71-5-1504 ; (3) Quarterly, on a day determined by the bureau; and (4) No more than thirty (30) business days after the day on which the bureau issues the ambulance provider notice of the assessment.
(1) In accordance with this part;
(2) In the amount designated in § 71-5-1504 ;
(3) Quarterly, on a day determined by the bureau; and
(4) No more than thirty (30) business days after the day on which the bureau issues the ambulance provider notice of the assessment.
(b) The bureau shall: (1) Determine the standards and procedures used to implement and enforce this part; (2) Collect the assessment described in subsection (a); and (3) Transfer assessment proceeds to the state treasurer for deposit into the ambulance service assessment revenue fund created in § 71-5-1508 .
(1) Determine the standards and procedures used to implement and enforce this part;
(2) Collect the assessment described in subsection (a); and
(3) Transfer assessment proceeds to the state treasurer for deposit into the ambulance service assessment revenue fund created in § 71-5-1508 .
(c) An ambulance provider shall not increase charges or add a surcharge to ground transports based on, or as a result of, the assessment described in subsection (a).
Amended by 2020 Tenn. Acts, ch. 643, s 5, eff. 4/1/2020.
Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018.
Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 71-1-107 — TN Code / Title 71 / Chapter 1 / Section 71-1-107
Duties of commissioner
Status: in_force

As chief executive officer of the department, the commissioner shall be charged with the supervision and administration of all welfare activities subject to its jurisdiction. The commissioner at all times has the power, which the commissioner may also delegate to officers and employees of the department, of visitation, inspection and administration of local governmental welfare agencies subject to the commissioner's supervision and the books, records and accounts of each institution or agency shall be open to the commissioner's inspection. In the supervision and administration of local welfare activities, the commissioner shall advise with local authorities, and may provide such specialized services as may be necessary to the end that the laws shall be faithfully executed and that the various welfare agencies of the local government shall function effectively in relationship to one another and to the department. Acts 1937, ch. 48, § 9; C. Supp. 1950, § 4765.12 (Williams, § 4765.9); T.C.A. (orig. ed.), §§ 14-107, 14-1-107.
As chief executive officer of the department, the commissioner shall be charged with the supervision and administration of all welfare activities subject to its jurisdiction. The commissioner at all times has the power, which the commissioner may also delegate to officers and employees of the department, of visitation, inspection and administration of local governmental welfare agencies subject to the commissioner's supervision and the books, records and accounts of each institution or agency shall be open to the commissioner's inspection. In the supervision and administration of local welfare activities, the commissioner shall advise with local authorities, and may provide such specialized services as may be necessary to the end that the laws shall be faithfully executed and that the various welfare agencies of the local government shall function effectively in relationship to one another and to the department.
Acts 1937, ch. 48, § 9; C. Supp. 1950, § 4765.12 (Williams, § 4765.9); T.C.A. (orig. ed.), §§ 14-107, 14-1-107.
Tenn. Code Ann. § 71-4-1204 — TN Code / Title 71 / Chapter 4 / Section 71-4-1204
Amount
Status: in_force

(a) The division shall determine the amount of subsidy provided under § 71-4-1202 by the following formula: (1) Individual's annual gross income, including social security disability income (SSDI), supplemental security income (SSI) and disability pensions; (2) Subtract federal and state income taxes paid from the amount in subdivision (a)(1); (3) Subtract standard federal personal and state income tax exemptions from the remainder in subdivision (a)(2); (4) Subtract F.I.C.A. or mandatory pension contributions from the remainder in subdivision (a)(3); (5) Subtract impairment related work expenses that are incurred by the individual in order to function on a job and that are not reimbursed by a third party from the remainder in subdivision (a)(4); (6) Divide the remainder in subdivision (a)(5) by two (2); and (7) Subtract four thousand eight hundred dollars ($4,800) from the quotient in subdivision (a)(6). (b) If there is no income remaining after application of the formula in subsection (a), the division shall subsidize full cost for personal care assistance services provided to that individual. (c) If there is income remaining after application of formula in subsection (a), the cost to the division for personal care services provided to that individual shall be reduced by the amount of that income. (d) This program may supplement any other program for which the individual is eligible. Acts 1986, ch. 905, § 6; T.C.A., § 14-16-204.
(a) The division shall determine the amount of subsidy provided under § 71-4-1202 by the following formula: (1) Individual's annual gross income, including social security disability income (SSDI), supplemental security income (SSI) and disability pensions; (2) Subtract federal and state income taxes paid from the amount in subdivision (a)(1); (3) Subtract standard federal personal and state income tax exemptions from the remainder in subdivision (a)(2); (4) Subtract F.I.C.A. or mandatory pension contributions from the remainder in subdivision (a)(3); (5) Subtract impairment related work expenses that are incurred by the individual in order to function on a job and that are not reimbursed by a third party from the remainder in subdivision (a)(4); (6) Divide the remainder in subdivision (a)(5) by two (2); and (7) Subtract four thousand eight hundred dollars ($4,800) from the quotient in subdivision (a)(6).
(1) Individual's annual gross income, including social security disability income (SSDI), supplemental security income (SSI) and disability pensions;
(2) Subtract federal and state income taxes paid from the amount in subdivision (a)(1);
(3) Subtract standard federal personal and state income tax exemptions from the remainder in subdivision (a)(2);
(4) Subtract F.I.C.A. or mandatory pension contributions from the remainder in subdivision (a)(3);
(5) Subtract impairment related work expenses that are incurred by the individual in order to function on a job and that are not reimbursed by a third party from the remainder in subdivision (a)(4);
(6) Divide the remainder in subdivision (a)(5) by two (2); and
(7) Subtract four thousand eight hundred dollars ($4,800) from the quotient in subdivision (a)(6).
(b) If there is no income remaining after application of the formula in subsection (a), the division shall subsidize full cost for personal care assistance services provided to that individual.
(c) If there is income remaining after application of formula in subsection (a), the cost to the division for personal care services provided to that individual shall be reduced by the amount of that income.
(d) This program may supplement any other program for which the individual is eligible.
Acts 1986, ch. 905, § 6; T.C.A., § 14-16-204.
Tenn. Code Ann. § 71-5-181 — TN Code / Title 71 / Chapter 5 / Section 71-5-181
Tennessee Medicaid False Claims Act - Short title
Status: in_force

(a) The title of this section and §§ 71-5-182 - 71-5-185 is and may be cited as the "Tennessee Medicaid False Claims Act." (b) "Medicaid program" as used in §§ 71-5-182 - 71-5-185 includes the TennCare program and any successor program to the medicaid program. Acts 1993, ch. 364, § 1.
(a) The title of this section and §§ 71-5-182 - 71-5-185 is and may be cited as the "Tennessee Medicaid False Claims Act."
(b) "Medicaid program" as used in §§ 71-5-182 - 71-5-185 includes the TennCare program and any successor program to the medicaid program.
Acts 1993, ch. 364, § 1.
Tenn. Code Ann. § 71-2-110 — TN Code / Title 71 / Chapter 2 / Section 71-2-110
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 461, s 2, eff. 5/18/2015. Acts 1997 , ch. 436, § 1; T.C.A., § 71-2-112; Acts 2001, ch. 397, § 11.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 461, s 2, eff. 5/18/2015.
Acts 1997 , ch. 436, § 1; T.C.A., § 71-2-112; Acts 2001, ch. 397, § 11.
Tenn. Code Ann. § 71-3-125 — TN Code / Title 71 / Chapter 3 / Section 71-3-125
Child support enforcement by district attorneys general
Status: in_force

(a) The district attorneys general have the authority, within budgetary limitations, to establish child support enforcement programs within their judicial districts. (b) Such authority includes: (1) The hiring of clerical and professional staffs; (2) The entering into contracts with other agencies; and (3) Such other authority as may be necessary to carry out the requirements of the child support enforcement programs under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.). (c) Any legal services furnished under the authority of this section shall be solely on behalf of the state, and shall not create an attorney-client relationship with any party other than the state. Acts 1977, ch. 235, § 1; T.C.A., §§ 14-325, 14-8-125; Acts 1988, ch. 938, § 4.
(a) The district attorneys general have the authority, within budgetary limitations, to establish child support enforcement programs within their judicial districts.
(b) Such authority includes: (1) The hiring of clerical and professional staffs; (2) The entering into contracts with other agencies; and (3) Such other authority as may be necessary to carry out the requirements of the child support enforcement programs under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.).
(1) The hiring of clerical and professional staffs;
(2) The entering into contracts with other agencies; and
(3) Such other authority as may be necessary to carry out the requirements of the child support enforcement programs under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.).
(c) Any legal services furnished under the authority of this section shall be solely on behalf of the state, and shall not create an attorney-client relationship with any party other than the state.
Acts 1977, ch. 235, § 1; T.C.A., §§ 14-325, 14-8-125; Acts 1988, ch. 938, § 4.
Tenn. Code Ann. § 71-5-166 — TN Code / Title 71 / Chapter 5 / Section 71-5-166
Annual review of medications and forms of treatment for sickle cell disease, and services for enrollees with diagnosis of sickle cell disease, that are eligible for coverage under medical assistance program
Status: in_force

(a) This section is known and may be cited as "Terrence's Law." (b) The bureau of TennCare shall conduct an annual review of all medications and forms of treatment for sickle cell disease, and services for enrollees with a diagnosis of sickle cell disease, that are eligible for coverage under the medical assistance program. The purpose of the annual review is to determine if the available covered medications, treatments, and services are adequate to meet the needs of enrollees with a diagnosis of sickle cell disease, and whether the bureau should seek to add additional medications, treatments, or services. (c) When conducting the annual review required by this section, the bureau of TennCare shall solicit and consider input from the general public, with specific emphasis on attempting to receive input from persons or groups with knowledge and experience in the area of sickle cell disease treatment. (d) On or before January 15, 2022, and on or before January 15 each year thereafter, the bureau of TennCare shall submit a report to the chief clerks of the senate and the house of representatives for distribution to the appropriate subject matter committees, and to the legislative librarian, that details the bureau's findings from the annual review required by this section, as well as any recommendations to the general assembly based upon those findings. The bureau shall publish the annual report required by this subsection (d) to its website in a manner accessible by the general public. Added by 2021 Tenn. Acts, ch. 186, s 1, eff. 4/20/2021.
(a) This section is known and may be cited as "Terrence's Law."
(b) The bureau of TennCare shall conduct an annual review of all medications and forms of treatment for sickle cell disease, and services for enrollees with a diagnosis of sickle cell disease, that are eligible for coverage under the medical assistance program. The purpose of the annual review is to determine if the available covered medications, treatments, and services are adequate to meet the needs of enrollees with a diagnosis of sickle cell disease, and whether the bureau should seek to add additional medications, treatments, or services.
(c) When conducting the annual review required by this section, the bureau of TennCare shall solicit and consider input from the general public, with specific emphasis on attempting to receive input from persons or groups with knowledge and experience in the area of sickle cell disease treatment.
(d) On or before January 15, 2022, and on or before January 15 each year thereafter, the bureau of TennCare shall submit a report to the chief clerks of the senate and the house of representatives for distribution to the appropriate subject matter committees, and to the legislative librarian, that details the bureau's findings from the annual review required by this section, as well as any recommendations to the general assembly based upon those findings. The bureau shall publish the annual report required by this subsection (d) to its website in a manner accessible by the general public.
Added by 2021 Tenn. Acts, ch. 186, s 1, eff. 4/20/2021.
Tenn. Code Ann. § 71-1-117 — TN Code / Title 71 / Chapter 1 / Section 71-1-117
Public inspection of welfare lists
Status: in_force

The commissioner is authorized and instructed to make public to any citizen of Tennessee through the office of the commissioner or county human services offices the names of all recipients of public welfare grants and the amount of each grant per month, each list to be broken down by counties. Only the list containing the recipients resident in a particular county is to be available for inspection in that county. The lists of all counties are to be available for inspection in the office of the commissioner. Acts 1953, ch. 29, § 1 (Williams, § 4765.13a); impl. am. Acts 1975, ch. 219, §§ 1 (a, b), 2 (a, b); T.C.A. (orig. ed.), §§ 14-117, 14-1-117.
The commissioner is authorized and instructed to make public to any citizen of Tennessee through the office of the commissioner or county human services offices the names of all recipients of public welfare grants and the amount of each grant per month, each list to be broken down by counties. Only the list containing the recipients resident in a particular county is to be available for inspection in that county. The lists of all counties are to be available for inspection in the office of the commissioner.
Acts 1953, ch. 29, § 1 (Williams, § 4765.13a); impl. am. Acts 1975, ch. 219, §§ 1 (a, b), 2 (a, b); T.C.A. (orig. ed.), §§ 14-117, 14-1-117.
Tenn. Code Ann. § 71-6-108 — TN Code / Title 71 / Chapter 6 / Section 71-6-108
Prohibitions
Status: in_force

No adult may be adjudicated incompetent or committed to a mental institution under this part. Acts 1978, ch. 899, § 1; T.C.A., §§ 14-2608, 14-25-108.
No adult may be adjudicated incompetent or committed to a mental institution under this part.
Acts 1978, ch. 899, § 1; T.C.A., §§ 14-2608, 14-25-108.