Tenn. Code Ann. § 71-4-703 — TN Code / Title 71 / Chapter 4 / Section 71-4-703
Advisory committee - Responsibilities - Purchasing requirements for governmental entities - Applicability of part
Status: in_force

(a) (1) There is created the committee for providing competitive integrated employment for individuals with severe disabilities, and composed of the following: (A) The commissioner of general services or the commissioner's designee; (B) The commissioner of finance and administration or the commissioner's designee; (C) The commissioner of human services or the commissioner's designee; (D) The commissioner of mental health and substance abuse services or the commissioner's designee; (E) The commissioner of disability and aging or the commissioner's designee; (F) The commissioner of transportation or the commissioner's designee; (G) One (1) member who is a private citizen and parent of a child with disabilities, or an individual with disabilities; (H) One (1) member who is a private citizen and represents agencies serving people who are blind; (I) One (1) member who is a private citizen and represents entities serving people with disabilities; and (J) One (1) member who is a private citizen and represents the business community. (2) The governor shall appoint the private citizen members described in subdivisions (a)(1)(G)-(J) to three-year terms. (3) The members of the committee shall organize and appoint a chair and determine their operating procedures. A majority of the members of the committee constitutes a quorum, and all official action of the committee requires a quorum. (4) Members serve without compensation and do not receive travel expenses. (b) The committee shall provide oversight to the central nonprofit agency in developing and implementing a state and political subdivision procurement program of commodities and services and in employing individuals with severe disabilities. (c) The committee shall: (1) Meet quarterly; (2) Designate a central nonprofit agency for fulfillment of government orders for commodities or services; (3) Require the central nonprofit agency to develop measures for evaluating its effectiveness; and (4) Evaluate the activities of the central nonprofit agency to assure effective and efficient administration of this part. (d) Every governmental entity that is supported in whole or in part by the general assembly may purchase all services or commodities required by the governmental entity from the central nonprofit agency as long as commodities or services purchased by state governmental entities are certified pursuant to procedures approved by the procurement commission and are available, and commodities or services purchased by political subdivisions are certified by the chief financial officer of the political subdivision. (e) This part has precedence over any law requiring governmental entity procurement of commodities or services, except laws that require purchases from nonprofit organizations operating under §§ 71-4-204 and 71-4-205 ; laws establishing preference for blind vendors operating under chapter 4, part 5 of this title; and laws requiring purchases under §§ 41-22-118 - 41-22-124. (f) This part does not apply in any case: (1) In which commodities or services are available from any state governmental entity; (2) Where the procurement commission determines that the commodities or services do not meet the reasonable requirements of a state governmental entity; or (3) Where the chief financial officer determines that the commodities or services do not meet the reasonable requirements of the political subdivision. Amended by 2024 Tenn. Acts, ch. 688,s 180, eff. 7/1/2024. Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020. Amended by 2014 Tenn. Acts, ch. 739, s 2, eff. 7/1/2014. Acts 1991, ch. 499, § 1; 1996, ch. 827, §§ 7-10; 2002, ch. 526, §§ 8, 9; 2010 , ch. 1100, § 137; 2011 , ch. 295, §§ 16, 19; 2012 , ch. 575, § 2.
(a) (1) There is created the committee for providing competitive integrated employment for individuals with severe disabilities, and composed of the following: (A) The commissioner of general services or the commissioner's designee; (B) The commissioner of finance and administration or the commissioner's designee; (C) The commissioner of human services or the commissioner's designee; (D) The commissioner of mental health and substance abuse services or the commissioner's designee; (E) The commissioner of disability and aging or the commissioner's designee; (F) The commissioner of transportation or the commissioner's designee; (G) One (1) member who is a private citizen and parent of a child with disabilities, or an individual with disabilities; (H) One (1) member who is a private citizen and represents agencies serving people who are blind; (I) One (1) member who is a private citizen and represents entities serving people with disabilities; and (J) One (1) member who is a private citizen and represents the business community. (2) The governor shall appoint the private citizen members described in subdivisions (a)(1)(G)-(J) to three-year terms. (3) The members of the committee shall organize and appoint a chair and determine their operating procedures. A majority of the members of the committee constitutes a quorum, and all official action of the committee requires a quorum. (4) Members serve without compensation and do not receive travel expenses.
(1) There is created the committee for providing competitive integrated employment for individuals with severe disabilities, and composed of the following: (A) The commissioner of general services or the commissioner's designee; (B) The commissioner of finance and administration or the commissioner's designee; (C) The commissioner of human services or the commissioner's designee; (D) The commissioner of mental health and substance abuse services or the commissioner's designee; (E) The commissioner of disability and aging or the commissioner's designee; (F) The commissioner of transportation or the commissioner's designee; (G) One (1) member who is a private citizen and parent of a child with disabilities, or an individual with disabilities; (H) One (1) member who is a private citizen and represents agencies serving people who are blind; (I) One (1) member who is a private citizen and represents entities serving people with disabilities; and (J) One (1) member who is a private citizen and represents the business community.
(A) The commissioner of general services or the commissioner's designee;
(B) The commissioner of finance and administration or the commissioner's designee;
(C) The commissioner of human services or the commissioner's designee;
(D) The commissioner of mental health and substance abuse services or the commissioner's designee;
(E) The commissioner of disability and aging or the commissioner's designee;
(F) The commissioner of transportation or the commissioner's designee;
(G) One (1) member who is a private citizen and parent of a child with disabilities, or an individual with disabilities;
(H) One (1) member who is a private citizen and represents agencies serving people who are blind;
(I) One (1) member who is a private citizen and represents entities serving people with disabilities; and
(J) One (1) member who is a private citizen and represents the business community.
(2) The governor shall appoint the private citizen members described in subdivisions (a)(1)(G)-(J) to three-year terms.
(3) The members of the committee shall organize and appoint a chair and determine their operating procedures. A majority of the members of the committee constitutes a quorum, and all official action of the committee requires a quorum.
(4) Members serve without compensation and do not receive travel expenses.
(b) The committee shall provide oversight to the central nonprofit agency in developing and implementing a state and political subdivision procurement program of commodities and services and in employing individuals with severe disabilities.
(c) The committee shall: (1) Meet quarterly; (2) Designate a central nonprofit agency for fulfillment of government orders for commodities or services; (3) Require the central nonprofit agency to develop measures for evaluating its effectiveness; and (4) Evaluate the activities of the central nonprofit agency to assure effective and efficient administration of this part.
(1) Meet quarterly;
(2) Designate a central nonprofit agency for fulfillment of government orders for commodities or services;
(3) Require the central nonprofit agency to develop measures for evaluating its effectiveness; and
(4) Evaluate the activities of the central nonprofit agency to assure effective and efficient administration of this part.
(d) Every governmental entity that is supported in whole or in part by the general assembly may purchase all services or commodities required by the governmental entity from the central nonprofit agency as long as commodities or services purchased by state governmental entities are certified pursuant to procedures approved by the procurement commission and are available, and commodities or services purchased by political subdivisions are certified by the chief financial officer of the political subdivision.
(e) This part has precedence over any law requiring governmental entity procurement of commodities or services, except laws that require purchases from nonprofit organizations operating under §§ 71-4-204 and 71-4-205 ; laws establishing preference for blind vendors operating under chapter 4, part 5 of this title; and laws requiring purchases under §§ 41-22-118 - 41-22-124.
(f) This part does not apply in any case: (1) In which commodities or services are available from any state governmental entity; (2) Where the procurement commission determines that the commodities or services do not meet the reasonable requirements of a state governmental entity; or (3) Where the chief financial officer determines that the commodities or services do not meet the reasonable requirements of the political subdivision.
(1) In which commodities or services are available from any state governmental entity;
(2) Where the procurement commission determines that the commodities or services do not meet the reasonable requirements of a state governmental entity; or
(3) Where the chief financial officer determines that the commodities or services do not meet the reasonable requirements of the political subdivision.
Amended by 2024 Tenn. Acts, ch. 688,s 180, eff. 7/1/2024.
Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020.
Amended by 2014 Tenn. Acts, ch. 739, s 2, eff. 7/1/2014.
Acts 1991, ch. 499, § 1; 1996, ch. 827, §§ 7-10; 2002, ch. 526, §§ 8, 9; 2010 , ch. 1100, § 137; 2011 , ch. 295, §§ 16, 19; 2012 , ch. 575, § 2.
Tenn. Code Ann. § 71-3-303 — TN Code / Title 71 / Chapter 3 / Section 71-3-303
Reimbursement for county support of illegitimates
Status: in_force

For the purpose of indemnifying the county against charges for the maintenance of illegitimate children, the father, if the father can be ascertained, is liable to proceedings as provided in title 36, chapter 2. Code 1858, § 1623; Shan., § 2707; Code 1932, § 4917; T.C.A. (orig. ed.), §§ 14-1503, 14-9-103.
For the purpose of indemnifying the county against charges for the maintenance of illegitimate children, the father, if the father can be ascertained, is liable to proceedings as provided in title 36, chapter 2.
Code 1858, § 1623; Shan., § 2707; Code 1932, § 4917; T.C.A. (orig. ed.), §§ 14-1503, 14-9-103.
Tenn. Code Ann. § 71-4-803 — TN Code / Title 71 / Chapter 4 / Section 71-4-803
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Account" means an account established by; owned by; and for the benefit of an eligible individual, who is also the designated beneficiary on the account, and maintained under a qualified ABLE program for payment of the eligible individual's qualified disability expenses, as provided in this part; (2) "Code" means § 529A of the Internal Revenue Code of 1986 ( 26 U.S.C. § 529A ), as amended, and all rules, regulations, notices, and interpretations released by the United States treasury, including the internal revenue service; (3) "Contracting state" means a state without a qualified ABLE program that has entered into a contract with a state with a qualified ABLE program to provide residents of the contracting state access to a qualified ABLE program; (4) "Designated beneficiary" means the eligible individual who has established and owns an ABLE account, and for whose benefit the account has been established; (5) "Disability certification" means a certification acceptable to the United States department of treasury made by the eligible individual or the eligible individual's parent or guardian certifying that the eligible individual has a medically determinable physical or mental impairment that results in marked and severe functional limitations and that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months, or is blind within the meaning of § 1614(a)(2) of the Social Security Act ( 42 U.S.C. § 1382c(a)(2) ); and such blindness or disability occurred before the individual attained the age of twenty-six (26); and including a copy of the eligible individual's diagnosis relating to the individual's relevant impairment or impairments, signed by a physician meeting the criteria of § 1861(r)(1) of the Social Security Act ( 42 U.S.C. § 1395x(r)(1) ); (6) "Eligible individual" means an individual who is entitled to benefits based on blindness or disability under title II or XVI of the Social Security Act ( 42 U.S.C. §§ 401 - 425 and 42 U.S.C. § 1381 et seq.), and such blindness or disability occurred before the individual attained age twenty-six (26), or a disability certification for the individual was filed with the United States department of the treasury. The eligible individual is the account owner and the designated beneficiary on the account; (7) "Legal representative" means an individual who or entity that can act on behalf of an eligible individual for the purpose of establishing, maintaining, transacting, and terminating an account, including, but not limited to, a parent, conservator, guardian, custodian, fiduciary, trustee, or individual or entity with a power of attorney; (8) "Person" means an individual, association, corporation, trust, charitable organization, or other such entity; (9) "Qualified ABLE program" or "program" means the ABLE program that is a qualified program pursuant to and in compliance with the code, and that is created pursuant to this part; (10) "Qualified disability expenses" means any expenses related to the eligible individual's blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary. Qualified disability expenses include the following: education; housing; transportation; employment training and support; assistive technology and personal support services; health; prevention and wellness; financial management and administrative services; legal fees; expenses for oversight and monitoring; funeral and burial expenses; and other expenses approved by federal rules and regulations; and (11) "State" means the state of Tennessee. Amended by 2016 Tenn. Acts, ch. 793, s 4, eff. 4/12/2016. Acts 2015 , ch. 470, § 3.
As used in this part, unless the context otherwise requires:
(1) "Account" means an account established by; owned by; and for the benefit of an eligible individual, who is also the designated beneficiary on the account, and maintained under a qualified ABLE program for payment of the eligible individual's qualified disability expenses, as provided in this part;
(2) "Code" means § 529A of the Internal Revenue Code of 1986 ( 26 U.S.C. § 529A ), as amended, and all rules, regulations, notices, and interpretations released by the United States treasury, including the internal revenue service;
(3) "Contracting state" means a state without a qualified ABLE program that has entered into a contract with a state with a qualified ABLE program to provide residents of the contracting state access to a qualified ABLE program;
(4) "Designated beneficiary" means the eligible individual who has established and owns an ABLE account, and for whose benefit the account has been established;
(5) "Disability certification" means a certification acceptable to the United States department of treasury made by the eligible individual or the eligible individual's parent or guardian certifying that the eligible individual has a medically determinable physical or mental impairment that results in marked and severe functional limitations and that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months, or is blind within the meaning of § 1614(a)(2) of the Social Security Act ( 42 U.S.C. § 1382c(a)(2) ); and such blindness or disability occurred before the individual attained the age of twenty-six (26); and including a copy of the eligible individual's diagnosis relating to the individual's relevant impairment or impairments, signed by a physician meeting the criteria of § 1861(r)(1) of the Social Security Act ( 42 U.S.C. § 1395x(r)(1) );
(6) "Eligible individual" means an individual who is entitled to benefits based on blindness or disability under title II or XVI of the Social Security Act ( 42 U.S.C. §§ 401 - 425 and 42 U.S.C. § 1381 et seq.), and such blindness or disability occurred before the individual attained age twenty-six (26), or a disability certification for the individual was filed with the United States department of the treasury. The eligible individual is the account owner and the designated beneficiary on the account;
(7) "Legal representative" means an individual who or entity that can act on behalf of an eligible individual for the purpose of establishing, maintaining, transacting, and terminating an account, including, but not limited to, a parent, conservator, guardian, custodian, fiduciary, trustee, or individual or entity with a power of attorney;
(8) "Person" means an individual, association, corporation, trust, charitable organization, or other such entity;
(9) "Qualified ABLE program" or "program" means the ABLE program that is a qualified program pursuant to and in compliance with the code, and that is created pursuant to this part;
(10) "Qualified disability expenses" means any expenses related to the eligible individual's blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary. Qualified disability expenses include the following: education; housing; transportation; employment training and support; assistive technology and personal support services; health; prevention and wellness; financial management and administrative services; legal fees; expenses for oversight and monitoring; funeral and burial expenses; and other expenses approved by federal rules and regulations; and
(11) "State" means the state of Tennessee.
Amended by 2016 Tenn. Acts, ch. 793, s 4, eff. 4/12/2016.
Acts 2015 , ch. 470, § 3.
Tenn. Code Ann. § 71-5-2504 — TN Code / Title 71 / Chapter 5 / Section 71-5-2504
Rules and regulations
Status: in_force

The commissioner is authorized to promulgate rules and regulations, including emergency rules pursuant to § 4-5-208 , to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2004, ch. 673, § 20; 2009, ch. 566, § 12.
The commissioner is authorized to promulgate rules and regulations, including emergency rules pursuant to § 4-5-208 , to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2004, ch. 673, § 20; 2009, ch. 566, § 12.
Tenn. Code Ann. § 71-2-503 — TN Code / Title 71 / Chapter 2 / Section 71-2-503
Entitlement not created by program
Status: in_force

The program established in this part is not, nor does it in any way create, an entitlement. Acts 2005, ch. 474, § 4.
The program established in this part is not, nor does it in any way create, an entitlement.
Acts 2005, ch. 474, § 4.
Tenn. Code Ann. § 71-6-126 — TN Code / Title 71 / Chapter 6 / Section 71-6-126
[Repealed]
Status: repealed

Amended by 2021 Tenn. Acts, ch. 464, s 1, eff. 5/18/2021. Added by 2019 Tenn. Acts, ch. 135, s 1, eff. 4/9/2019.
Amended by 2021 Tenn. Acts, ch. 464, s 1, eff. 5/18/2021.
Added by 2019 Tenn. Acts, ch. 135, s 1, eff. 4/9/2019.
Tenn. Code Ann. § 71-3-521 — TN Code / Title 71 / Chapter 3 / Section 71-3-521
Notification of permanent closure - Format of notice - Exclusions
Status: in_force

(a) As used in this section: (1) "Enrolled child" means a child who: (A) Is currently enrolled at the child care center and for whom tuition or attendance fees are being paid; (B) Has attended the child care center within the last ninety (90) calendar days; or (C) Is currently on a wait list for enrollment at the child care center; and (2) "Permanent closure" means the child care center ceases to do business as a child care center and discontinues all child care indefinitely. (b) As early as practicable prior to permanent closure, a child care center shall provide notice of the permanent closure to the parents or guardians of each enrolled child. (c) Notice required by subsection (b) may be provided by a written or electronic communication, a posting of such notice at the child care center, or a public posting of such notice that the child care center deems an appropriate means for communication with parents or guardians. (d) This section does not prohibit the department of human services from exercising any duty or power given to the department of human services in this title or by rule regarding the operational status or licensure of a child care center. Added by 2024 Tenn. Acts, ch. 657,s 1, eff. 4/9/2024.
(a) As used in this section: (1) "Enrolled child" means a child who: (A) Is currently enrolled at the child care center and for whom tuition or attendance fees are being paid; (B) Has attended the child care center within the last ninety (90) calendar days; or (C) Is currently on a wait list for enrollment at the child care center; and (2) "Permanent closure" means the child care center ceases to do business as a child care center and discontinues all child care indefinitely.
(1) "Enrolled child" means a child who: (A) Is currently enrolled at the child care center and for whom tuition or attendance fees are being paid; (B) Has attended the child care center within the last ninety (90) calendar days; or (C) Is currently on a wait list for enrollment at the child care center; and
(A) Is currently enrolled at the child care center and for whom tuition or attendance fees are being paid;
(B) Has attended the child care center within the last ninety (90) calendar days; or
(C) Is currently on a wait list for enrollment at the child care center; and
(2) "Permanent closure" means the child care center ceases to do business as a child care center and discontinues all child care indefinitely.
(b) As early as practicable prior to permanent closure, a child care center shall provide notice of the permanent closure to the parents or guardians of each enrolled child.
(c) Notice required by subsection (b) may be provided by a written or electronic communication, a posting of such notice at the child care center, or a public posting of such notice that the child care center deems an appropriate means for communication with parents or guardians.
(d) This section does not prohibit the department of human services from exercising any duty or power given to the department of human services in this title or by rule regarding the operational status or licensure of a child care center.
Added by 2024 Tenn. Acts, ch. 657,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 71-5-1201 — TN Code / Title 71 / Chapter 5 / Section 71-5-1201
Families first community advisory board
Status: in_force

(a) (1) There is created a families first community advisory board to: (A) Approve the department's retention of a research partner or partners to assist in the research and evaluation of the Tennessee opportunity pilot program created by this part; (B) Review and approve the selection of the Tennessee opportunity pilot program recipients of planning grants and implementation grants; (C) Submit a final report to the general assembly no later than December 31, 2026. The final report must be approved by a majority vote of the advisory board's total membership and must include, at a minimum: (i) Findings from the Tennessee opportunity pilots and the services provided through each pilot; (ii) Recommendations for future TANF program spending in this state; and (iii) Suggested legislation to support the recommendations described in subdivision (a)(1)(C)(ii); (D) Provide input regarding the effectiveness of existing families first and two-generation program policies and grant programs; and (E) Make recommendations regarding the development of new or revised policies to enhance the families first and two-generation programs. (2) An advisory board member appointed in accordance with subdivision (b)(6) or (b)(7) shall not vote on matters regarding the review and approval of Tennessee opportunity pilot program recipients of planning grants and implementation grants under subdivision (a)(1)(B), or any other matter involving the review and approval of recipients of monetary awards or grants. (b) The advisory board is composed of no more than twenty-one (21) members as follows: (1) The commissioner of human services, who shall serve as chair and convener; (2) The commissioner of labor and workforce development, or the commissioner's designee; (3) The commissioner of economic and community development, or the commissioner's designee; (4) The commissioner of education, or the commissioner's designee; (5) The commissioner of health, or the commissioner's designee; (6) Two (2) members of the senate to be appointed by the speaker of the senate; (7) Two (2) members of the house of representatives to be appointed by the speaker of the house of representatives; (8) Three (3) representatives from businesses or business groups in this state, two (2) of whom are to be appointed by the speaker of the senate and one (1) of whom is to be appointed by the speaker of the house of representatives; (9) Three (3) representatives from nonprofits in this state with expertise about services that support economic advancement for low income Tennesseans, one (1) of whom is to be appointed by the speaker of the senate and two (2) of whom are to be appointed by the speaker of the house of representatives; and (10) No more than six (6) members to be appointed by the commissioner of human services. A member appointed under this subdivision (b)(10) must be a representative of local government, a faith-based organization, a Workforce Innovation and Opportunity Act ( 29 U.S.C. § 3101 et seq.) partner, or a current or former recipient of families first or two-generation program assistance. (c) Members of the families first community advisory board serve without compensation for their services but may be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (d) Vacancies among the members of the families first community advisory board must be filled in the same manner as in the original selection of members. (e) The speaker of the senate and the speaker of the house of representatives shall strive to ensure that members appointed to the families first community advisory board reflect the racial, sex, geographic, urban, rural, and economic diversity of the state. (f) The commissioner of human services must call the first meeting of the families first community advisory board no later than September 1, 2021, at which time the members shall elect a vice chair from among the members appointed pursuant to subdivisions (b)(6)-(10). (g) A majority of the members of the advisory board constitutes a quorum for the purpose of meeting and conducting business. The families first community advisory board shall meet at least monthly until all implementation grant awards are made, and at least quarterly thereafter. The chair may call special meetings whenever necessary for the transaction of business. The chair shall notify each member of the families first community advisory board of any special meeting at least five (5) days before the time fixed for the special meeting. A majority of the members of the families first community advisory board may petition the chair to call a special meeting, in which case the chair must call a special meeting. (h) The families first community advisory board may conduct regular or special meetings by conference call or video conference in accordance with the requirements of § 8-44-108 . (i) The families first community advisory board shall retain a highly capable research and evaluation partner or partners to evaluate each pilot program; regularly gather and present the research and data to pilot program leaders and families first community advisory board members to aid continuous improvement throughout each pilot program; and produce regular reports and the final report described in subdivision (a)(1)(C). (j) The chair of the families first community advisory board may call on appropriate state agencies for reasonable assistance in the work of the families first community advisory board. Amended by 2023 Tenn. Acts, ch. 51, Secs.s1, s2 eff. 3/21/2023. Amended by 2021 Tenn. Acts, ch. 515, s 4, eff. 7/1/2021. Acts 1996, ch. 950, § 27.
(a) (1) There is created a families first community advisory board to: (A) Approve the department's retention of a research partner or partners to assist in the research and evaluation of the Tennessee opportunity pilot program created by this part; (B) Review and approve the selection of the Tennessee opportunity pilot program recipients of planning grants and implementation grants; (C) Submit a final report to the general assembly no later than December 31, 2026. The final report must be approved by a majority vote of the advisory board's total membership and must include, at a minimum: (i) Findings from the Tennessee opportunity pilots and the services provided through each pilot; (ii) Recommendations for future TANF program spending in this state; and (iii) Suggested legislation to support the recommendations described in subdivision (a)(1)(C)(ii); (D) Provide input regarding the effectiveness of existing families first and two-generation program policies and grant programs; and (E) Make recommendations regarding the development of new or revised policies to enhance the families first and two-generation programs. (2) An advisory board member appointed in accordance with subdivision (b)(6) or (b)(7) shall not vote on matters regarding the review and approval of Tennessee opportunity pilot program recipients of planning grants and implementation grants under subdivision (a)(1)(B), or any other matter involving the review and approval of recipients of monetary awards or grants.
(1) There is created a families first community advisory board to: (A) Approve the department's retention of a research partner or partners to assist in the research and evaluation of the Tennessee opportunity pilot program created by this part; (B) Review and approve the selection of the Tennessee opportunity pilot program recipients of planning grants and implementation grants; (C) Submit a final report to the general assembly no later than December 31, 2026. The final report must be approved by a majority vote of the advisory board's total membership and must include, at a minimum: (i) Findings from the Tennessee opportunity pilots and the services provided through each pilot; (ii) Recommendations for future TANF program spending in this state; and (iii) Suggested legislation to support the recommendations described in subdivision (a)(1)(C)(ii); (D) Provide input regarding the effectiveness of existing families first and two-generation program policies and grant programs; and (E) Make recommendations regarding the development of new or revised policies to enhance the families first and two-generation programs.
(A) Approve the department's retention of a research partner or partners to assist in the research and evaluation of the Tennessee opportunity pilot program created by this part;
(B) Review and approve the selection of the Tennessee opportunity pilot program recipients of planning grants and implementation grants;
(C) Submit a final report to the general assembly no later than December 31, 2026. The final report must be approved by a majority vote of the advisory board's total membership and must include, at a minimum: (i) Findings from the Tennessee opportunity pilots and the services provided through each pilot; (ii) Recommendations for future TANF program spending in this state; and (iii) Suggested legislation to support the recommendations described in subdivision (a)(1)(C)(ii);
(i) Findings from the Tennessee opportunity pilots and the services provided through each pilot;
(ii) Recommendations for future TANF program spending in this state; and
(iii) Suggested legislation to support the recommendations described in subdivision (a)(1)(C)(ii);
(D) Provide input regarding the effectiveness of existing families first and two-generation program policies and grant programs; and
(E) Make recommendations regarding the development of new or revised policies to enhance the families first and two-generation programs.
(2) An advisory board member appointed in accordance with subdivision (b)(6) or (b)(7) shall not vote on matters regarding the review and approval of Tennessee opportunity pilot program recipients of planning grants and implementation grants under subdivision (a)(1)(B), or any other matter involving the review and approval of recipients of monetary awards or grants.
(b) The advisory board is composed of no more than twenty-one (21) members as follows: (1) The commissioner of human services, who shall serve as chair and convener; (2) The commissioner of labor and workforce development, or the commissioner's designee; (3) The commissioner of economic and community development, or the commissioner's designee; (4) The commissioner of education, or the commissioner's designee; (5) The commissioner of health, or the commissioner's designee; (6) Two (2) members of the senate to be appointed by the speaker of the senate; (7) Two (2) members of the house of representatives to be appointed by the speaker of the house of representatives; (8) Three (3) representatives from businesses or business groups in this state, two (2) of whom are to be appointed by the speaker of the senate and one (1) of whom is to be appointed by the speaker of the house of representatives; (9) Three (3) representatives from nonprofits in this state with expertise about services that support economic advancement for low income Tennesseans, one (1) of whom is to be appointed by the speaker of the senate and two (2) of whom are to be appointed by the speaker of the house of representatives; and (10) No more than six (6) members to be appointed by the commissioner of human services. A member appointed under this subdivision (b)(10) must be a representative of local government, a faith-based organization, a Workforce Innovation and Opportunity Act ( 29 U.S.C. § 3101 et seq.) partner, or a current or former recipient of families first or two-generation program assistance.
(1) The commissioner of human services, who shall serve as chair and convener;
(2) The commissioner of labor and workforce development, or the commissioner's designee;
(3) The commissioner of economic and community development, or the commissioner's designee;
(4) The commissioner of education, or the commissioner's designee;
(5) The commissioner of health, or the commissioner's designee;
(6) Two (2) members of the senate to be appointed by the speaker of the senate;
(7) Two (2) members of the house of representatives to be appointed by the speaker of the house of representatives;
(8) Three (3) representatives from businesses or business groups in this state, two (2) of whom are to be appointed by the speaker of the senate and one (1) of whom is to be appointed by the speaker of the house of representatives;
(9) Three (3) representatives from nonprofits in this state with expertise about services that support economic advancement for low income Tennesseans, one (1) of whom is to be appointed by the speaker of the senate and two (2) of whom are to be appointed by the speaker of the house of representatives; and
(10) No more than six (6) members to be appointed by the commissioner of human services. A member appointed under this subdivision (b)(10) must be a representative of local government, a faith-based organization, a Workforce Innovation and Opportunity Act ( 29 U.S.C. § 3101 et seq.) partner, or a current or former recipient of families first or two-generation program assistance.
(c) Members of the families first community advisory board serve without compensation for their services but may be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(d) Vacancies among the members of the families first community advisory board must be filled in the same manner as in the original selection of members.
(e) The speaker of the senate and the speaker of the house of representatives shall strive to ensure that members appointed to the families first community advisory board reflect the racial, sex, geographic, urban, rural, and economic diversity of the state.
(f) The commissioner of human services must call the first meeting of the families first community advisory board no later than September 1, 2021, at which time the members shall elect a vice chair from among the members appointed pursuant to subdivisions (b)(6)-(10).
(g) A majority of the members of the advisory board constitutes a quorum for the purpose of meeting and conducting business. The families first community advisory board shall meet at least monthly until all implementation grant awards are made, and at least quarterly thereafter. The chair may call special meetings whenever necessary for the transaction of business. The chair shall notify each member of the families first community advisory board of any special meeting at least five (5) days before the time fixed for the special meeting. A majority of the members of the families first community advisory board may petition the chair to call a special meeting, in which case the chair must call a special meeting.
(h) The families first community advisory board may conduct regular or special meetings by conference call or video conference in accordance with the requirements of § 8-44-108 .
(i) The families first community advisory board shall retain a highly capable research and evaluation partner or partners to evaluate each pilot program; regularly gather and present the research and data to pilot program leaders and families first community advisory board members to aid continuous improvement throughout each pilot program; and produce regular reports and the final report described in subdivision (a)(1)(C).
(j) The chair of the families first community advisory board may call on appropriate state agencies for reasonable assistance in the work of the families first community advisory board.
Amended by 2023 Tenn. Acts, ch. 51, Secs.s1, s2 eff. 3/21/2023.
Amended by 2021 Tenn. Acts, ch. 515, s 4, eff. 7/1/2021.
Acts 1996, ch. 950, § 27.
Tenn. Code Ann. § 71-5-2004 — TN Code / Title 71 / Chapter 5 / Section 71-5-2004
[Expires 7/1/2025] Amount of annual coverage assessment - Payment - Penalty - Suspension of payments - Civil action
Status: in_force

(a) Each covered hospital's annual assessment is a weighted portion of the annual coverage assessment base as determined under § 71-5-2002 . The weight for each covered hospital must be determined in accordance with the hospital's classification for children's, tier 1, tier 2, tier 3, psychiatric, and safety net hospitals in the division DSH program. The weights determined pursuant to this subsection (a) are not a rule as defined in § 4-5-102 and are not subject to rulemaking under title 4, chapter 5, part 2. The division shall implement this section in a manner that complies with federal requirements necessary to ensure that the assessment qualifies for federal matching funds. The weights for: (1) Children's hospitals are an inpatient weight of eight-tenths (0.8) and an outpatient weight of three-tenths (0.3); (2) Tier 1 hospitals are an inpatient weight of one (1.0) and an outpatient weight of fifty-five hundredths (0.55); (3) Tier 2 hospitals are an inpatient weight of seventy-five hundredths (0.75) and an outpatient weight of three-tenths (0.3); (4) Tier 3 hospitals are an inpatient weight of fifteen hundredths (0.15) and an outpatient weight of one hundred seventy-five thousandths (0.175); (5) Psychiatric hospitals are an inpatient weight of eleven hundredths (0.11) and an outpatient weight of one (1.0); (6) Safety net hospitals are an inpatient weight of one hundred thirty-three thousandths (0.133) and an outpatient weight of one hundred fifty-seven thousandths (0.157); and (7) Any other hospitals eligible for the assessment have a weight of six percent (6%). (b) The division may, in consultation with the Tennessee Hospital Association, modify the amount of the individual percentages set forth in this section if necessary to comply with 42 CFR 433.68 or to address additional state appropriations. (c) The annual coverage assessment must be paid in installments pursuant to this subsection (c) if the requirements of § 71-5-2003(b) have been satisfied. The division shall establish a schedule of four (4) equal installment payments spread as evenly as possible throughout FY 2024-2025 with each installment payment due fifteen (15) days after the FY 2024-2025 directed payments approved by CMS to offset unreimbursed division costs have been made to hospitals. (d) To facilitate collection of the annual coverage assessment, the division shall send each covered hospital, at least thirty (30) days in advance of each installment payment due date, a notice of payment along with a return form developed by the division. Failure of a covered hospital to receive a notice and return form, however, does not relieve a covered hospital from the obligation of timely payment. The division shall also post the return form on its website. (e) Failure of a covered hospital to pay an installment of the annual coverage assessment, when due, results in an imposition of a penalty of five hundred dollars ($500) per day until the installment is paid in full. The division at its discretion may waive the penalty if the hospital establishes that it attempted to mail or electronically transfer payment to the state on or before the date the payment was due. (f) If a covered hospital ceases to operate or changes status to be an excluded hospital between July 1, 2024, and June 30, 2025, then the hospital's total annual coverage assessment is equal to its annual coverage assessment base multiplied by a fraction, the denominator of which is the number of calendar days from July 1, 2024, until July 1, 2025, and the numerator of which is the number of days from July 1, 2024, until the date the health facilities commission has recorded as the date that the hospital changed status or ceased operation. (g) If a covered hospital ceases operation prior to payment of its full annual coverage assessment, then the person controlling the hospital as of the date the hospital ceased operation is jointly and severally responsible for any remaining annual coverage assessment installments and unpaid penalties associated with previous late payments. (h) If a covered hospital is sold after July 1, 2024, and before July 1, 2025, then the seller is responsible for annual coverage assessment payments due for the period up to and including the date the sale is final. If the hospital continues to operate in this state and continues to meet the definition of a covered hospital in § 71-5-2002 , then the new owner is responsible for paying all coverage assessment amounts due for the period beginning on the day after the date of the sale until July 1, 2025. (i) If a covered hospital fails to pay an installment of the annual coverage assessment within thirty (30) days of its due date, then the division must suspend the payments to the hospital required by § 71-5-2005(d)(2) until the installment is paid and report the failure to the department that licenses the covered hospital. Notwithstanding another law, failure of a covered hospital to pay an installment of the annual coverage assessment or a refund required by this part is considered a license deficiency and grounds for disciplinary action as set forth in the statutes and rules under which the covered hospital is licensed. (j) In addition to the action required by subsection (h), the division is authorized to file a civil action against a covered hospital and its controlling person or persons to collect delinquent annual coverage assessment installments, late penalties, and refund obligations established by this part. Exclusive jurisdiction and venue for a civil action authorized by this subsection (j) is in the chancery court for Davidson County. (k) (1) If a federal agency with jurisdiction over the annual coverage assessment determines that the annual coverage assessment is not a valid source of revenue or if there is a reduction of the coverage and funding of the division's program contrary to § 71-5-2003(c) , or if the requirements of §§ 71-5-161 and 71-5-2003(b) are not fully satisfied, or if one (1) or more managed care organizations impose rate reductions contrary to § 71-5-2003(d) , then: (A) Subsequent installments of the annual coverage assessment are not due and payable; and (B) Further payments must not be paid to hospitals pursuant to § 71-5-2005(d)(2) after the date of the event. (2) (A) Notwithstanding this part, if CMS discontinues approval of or otherwise fails to approve the full amount of directed payments to hospitals for providing services to division enrollees as authorized under § 71-5-2005(d) , then the division must suspend payments from or to covered hospitals otherwise required by this part and must promulgate rules that: (i) Establish the methodology for determining the amounts, categories, and times of payments to hospitals, if any, instead of the payments that otherwise would have been paid under § 71-5-2005(d)(2) if approved by CMS; (ii) Prioritize payments to hospitals as set forth in § 71-5-2005(d)(2) ; (iii) Identify the benefits and services for which funds will be available in order to mitigate reductions or eliminations that otherwise would be imposed in the absence of the coverage assessment; (iv) Determine the amount and timing of payments for benefits and services identified under subdivisions (k)(2)(A)(ii) and (iii), as appropriate; (v) Reinstitute payments from or to covered hospitals as appropriate; and (vi) Otherwise achieve the goals of this subdivision (k)(2). (B) The rules adopted under this subdivision (k)(2) must, to the extent possible, achieve the goals of: (i) Maximizing the amount of federal matching funds available for the division's program; and (ii) Minimizing the variation between payments hospitals will receive under the rules as compared to payments hospitals would have received if CMS had approved the total payments described in § 71-5-2005(d) . (C) Notwithstanding another law, the division is authorized to exercise emergency rulemaking authority to the extent necessary to meet the objectives of this subdivision (k)(2). (3) Upon occurrence of an event set forth in subdivision (k)(1) or (k)(2), the division then has authority to make necessary changes to the division's budget to account for the loss of annual coverage assessment revenue. (l) A covered hospital or an association representing covered hospitals, the membership of which includes thirty (30) or more covered hospitals, has the right to file a petition for declaratory order pursuant to § 4-5-223 to determine if there has been a failure to meet the requirements of this part. A covered hospital shall not increase charges or add a surcharge based on, or as a result of, the annual coverage assessment. Amended by 2024 Tenn. Acts, ch. 953,s 1, eff. 6/30/2024. Added by 2023 Tenn. Acts, ch. 232, s 1, eff. 6/30/2023.
(a) Each covered hospital's annual assessment is a weighted portion of the annual coverage assessment base as determined under § 71-5-2002 . The weight for each covered hospital must be determined in accordance with the hospital's classification for children's, tier 1, tier 2, tier 3, psychiatric, and safety net hospitals in the division DSH program. The weights determined pursuant to this subsection (a) are not a rule as defined in § 4-5-102 and are not subject to rulemaking under title 4, chapter 5, part 2. The division shall implement this section in a manner that complies with federal requirements necessary to ensure that the assessment qualifies for federal matching funds. The weights for: (1) Children's hospitals are an inpatient weight of eight-tenths (0.8) and an outpatient weight of three-tenths (0.3); (2) Tier 1 hospitals are an inpatient weight of one (1.0) and an outpatient weight of fifty-five hundredths (0.55); (3) Tier 2 hospitals are an inpatient weight of seventy-five hundredths (0.75) and an outpatient weight of three-tenths (0.3); (4) Tier 3 hospitals are an inpatient weight of fifteen hundredths (0.15) and an outpatient weight of one hundred seventy-five thousandths (0.175); (5) Psychiatric hospitals are an inpatient weight of eleven hundredths (0.11) and an outpatient weight of one (1.0); (6) Safety net hospitals are an inpatient weight of one hundred thirty-three thousandths (0.133) and an outpatient weight of one hundred fifty-seven thousandths (0.157); and (7) Any other hospitals eligible for the assessment have a weight of six percent (6%).
(1) Children's hospitals are an inpatient weight of eight-tenths (0.8) and an outpatient weight of three-tenths (0.3);
(2) Tier 1 hospitals are an inpatient weight of one (1.0) and an outpatient weight of fifty-five hundredths (0.55);
(3) Tier 2 hospitals are an inpatient weight of seventy-five hundredths (0.75) and an outpatient weight of three-tenths (0.3);
(4) Tier 3 hospitals are an inpatient weight of fifteen hundredths (0.15) and an outpatient weight of one hundred seventy-five thousandths (0.175);
(5) Psychiatric hospitals are an inpatient weight of eleven hundredths (0.11) and an outpatient weight of one (1.0);
(6) Safety net hospitals are an inpatient weight of one hundred thirty-three thousandths (0.133) and an outpatient weight of one hundred fifty-seven thousandths (0.157); and
(7) Any other hospitals eligible for the assessment have a weight of six percent (6%).
(b) The division may, in consultation with the Tennessee Hospital Association, modify the amount of the individual percentages set forth in this section if necessary to comply with 42 CFR 433.68 or to address additional state appropriations.
(c) The annual coverage assessment must be paid in installments pursuant to this subsection (c) if the requirements of § 71-5-2003(b) have been satisfied. The division shall establish a schedule of four (4) equal installment payments spread as evenly as possible throughout FY 2024-2025 with each installment payment due fifteen (15) days after the FY 2024-2025 directed payments approved by CMS to offset unreimbursed division costs have been made to hospitals.
(d) To facilitate collection of the annual coverage assessment, the division shall send each covered hospital, at least thirty (30) days in advance of each installment payment due date, a notice of payment along with a return form developed by the division. Failure of a covered hospital to receive a notice and return form, however, does not relieve a covered hospital from the obligation of timely payment. The division shall also post the return form on its website.
(e) Failure of a covered hospital to pay an installment of the annual coverage assessment, when due, results in an imposition of a penalty of five hundred dollars ($500) per day until the installment is paid in full. The division at its discretion may waive the penalty if the hospital establishes that it attempted to mail or electronically transfer payment to the state on or before the date the payment was due.
(f) If a covered hospital ceases to operate or changes status to be an excluded hospital between July 1, 2024, and June 30, 2025, then the hospital's total annual coverage assessment is equal to its annual coverage assessment base multiplied by a fraction, the denominator of which is the number of calendar days from July 1, 2024, until July 1, 2025, and the numerator of which is the number of days from July 1, 2024, until the date the health facilities commission has recorded as the date that the hospital changed status or ceased operation.
(g) If a covered hospital ceases operation prior to payment of its full annual coverage assessment, then the person controlling the hospital as of the date the hospital ceased operation is jointly and severally responsible for any remaining annual coverage assessment installments and unpaid penalties associated with previous late payments.
(h) If a covered hospital is sold after July 1, 2024, and before July 1, 2025, then the seller is responsible for annual coverage assessment payments due for the period up to and including the date the sale is final. If the hospital continues to operate in this state and continues to meet the definition of a covered hospital in § 71-5-2002 , then the new owner is responsible for paying all coverage assessment amounts due for the period beginning on the day after the date of the sale until July 1, 2025.
(i) If a covered hospital fails to pay an installment of the annual coverage assessment within thirty (30) days of its due date, then the division must suspend the payments to the hospital required by § 71-5-2005(d)(2) until the installment is paid and report the failure to the department that licenses the covered hospital. Notwithstanding another law, failure of a covered hospital to pay an installment of the annual coverage assessment or a refund required by this part is considered a license deficiency and grounds for disciplinary action as set forth in the statutes and rules under which the covered hospital is licensed.
(j) In addition to the action required by subsection (h), the division is authorized to file a civil action against a covered hospital and its controlling person or persons to collect delinquent annual coverage assessment installments, late penalties, and refund obligations established by this part. Exclusive jurisdiction and venue for a civil action authorized by this subsection (j) is in the chancery court for Davidson County.
(k) (1) If a federal agency with jurisdiction over the annual coverage assessment determines that the annual coverage assessment is not a valid source of revenue or if there is a reduction of the coverage and funding of the division's program contrary to § 71-5-2003(c) , or if the requirements of §§ 71-5-161 and 71-5-2003(b) are not fully satisfied, or if one (1) or more managed care organizations impose rate reductions contrary to § 71-5-2003(d) , then: (A) Subsequent installments of the annual coverage assessment are not due and payable; and (B) Further payments must not be paid to hospitals pursuant to § 71-5-2005(d)(2) after the date of the event. (2) (A) Notwithstanding this part, if CMS discontinues approval of or otherwise fails to approve the full amount of directed payments to hospitals for providing services to division enrollees as authorized under § 71-5-2005(d) , then the division must suspend payments from or to covered hospitals otherwise required by this part and must promulgate rules that: (i) Establish the methodology for determining the amounts, categories, and times of payments to hospitals, if any, instead of the payments that otherwise would have been paid under § 71-5-2005(d)(2) if approved by CMS; (ii) Prioritize payments to hospitals as set forth in § 71-5-2005(d)(2) ; (iii) Identify the benefits and services for which funds will be available in order to mitigate reductions or eliminations that otherwise would be imposed in the absence of the coverage assessment; (iv) Determine the amount and timing of payments for benefits and services identified under subdivisions (k)(2)(A)(ii) and (iii), as appropriate; (v) Reinstitute payments from or to covered hospitals as appropriate; and (vi) Otherwise achieve the goals of this subdivision (k)(2). (B) The rules adopted under this subdivision (k)(2) must, to the extent possible, achieve the goals of: (i) Maximizing the amount of federal matching funds available for the division's program; and (ii) Minimizing the variation between payments hospitals will receive under the rules as compared to payments hospitals would have received if CMS had approved the total payments described in § 71-5-2005(d) . (C) Notwithstanding another law, the division is authorized to exercise emergency rulemaking authority to the extent necessary to meet the objectives of this subdivision (k)(2). (3) Upon occurrence of an event set forth in subdivision (k)(1) or (k)(2), the division then has authority to make necessary changes to the division's budget to account for the loss of annual coverage assessment revenue.
(1) If a federal agency with jurisdiction over the annual coverage assessment determines that the annual coverage assessment is not a valid source of revenue or if there is a reduction of the coverage and funding of the division's program contrary to § 71-5-2003(c) , or if the requirements of §§ 71-5-161 and 71-5-2003(b) are not fully satisfied, or if one (1) or more managed care organizations impose rate reductions contrary to § 71-5-2003(d) , then: (A) Subsequent installments of the annual coverage assessment are not due and payable; and (B) Further payments must not be paid to hospitals pursuant to § 71-5-2005(d)(2) after the date of the event.
(A) Subsequent installments of the annual coverage assessment are not due and payable; and
(B) Further payments must not be paid to hospitals pursuant to § 71-5-2005(d)(2) after the date of the event.
(2) (A) Notwithstanding this part, if CMS discontinues approval of or otherwise fails to approve the full amount of directed payments to hospitals for providing services to division enrollees as authorized under § 71-5-2005(d) , then the division must suspend payments from or to covered hospitals otherwise required by this part and must promulgate rules that: (i) Establish the methodology for determining the amounts, categories, and times of payments to hospitals, if any, instead of the payments that otherwise would have been paid under § 71-5-2005(d)(2) if approved by CMS; (ii) Prioritize payments to hospitals as set forth in § 71-5-2005(d)(2) ; (iii) Identify the benefits and services for which funds will be available in order to mitigate reductions or eliminations that otherwise would be imposed in the absence of the coverage assessment; (iv) Determine the amount and timing of payments for benefits and services identified under subdivisions (k)(2)(A)(ii) and (iii), as appropriate; (v) Reinstitute payments from or to covered hospitals as appropriate; and (vi) Otherwise achieve the goals of this subdivision (k)(2). (B) The rules adopted under this subdivision (k)(2) must, to the extent possible, achieve the goals of: (i) Maximizing the amount of federal matching funds available for the division's program; and (ii) Minimizing the variation between payments hospitals will receive under the rules as compared to payments hospitals would have received if CMS had approved the total payments described in § 71-5-2005(d) . (C) Notwithstanding another law, the division is authorized to exercise emergency rulemaking authority to the extent necessary to meet the objectives of this subdivision (k)(2).
(A) Notwithstanding this part, if CMS discontinues approval of or otherwise fails to approve the full amount of directed payments to hospitals for providing services to division enrollees as authorized under § 71-5-2005(d) , then the division must suspend payments from or to covered hospitals otherwise required by this part and must promulgate rules that: (i) Establish the methodology for determining the amounts, categories, and times of payments to hospitals, if any, instead of the payments that otherwise would have been paid under § 71-5-2005(d)(2) if approved by CMS; (ii) Prioritize payments to hospitals as set forth in § 71-5-2005(d)(2) ; (iii) Identify the benefits and services for which funds will be available in order to mitigate reductions or eliminations that otherwise would be imposed in the absence of the coverage assessment; (iv) Determine the amount and timing of payments for benefits and services identified under subdivisions (k)(2)(A)(ii) and (iii), as appropriate; (v) Reinstitute payments from or to covered hospitals as appropriate; and (vi) Otherwise achieve the goals of this subdivision (k)(2).
(i) Establish the methodology for determining the amounts, categories, and times of payments to hospitals, if any, instead of the payments that otherwise would have been paid under § 71-5-2005(d)(2) if approved by CMS;
(ii) Prioritize payments to hospitals as set forth in § 71-5-2005(d)(2) ;
(iii) Identify the benefits and services for which funds will be available in order to mitigate reductions or eliminations that otherwise would be imposed in the absence of the coverage assessment;
(iv) Determine the amount and timing of payments for benefits and services identified under subdivisions (k)(2)(A)(ii) and (iii), as appropriate;
(v) Reinstitute payments from or to covered hospitals as appropriate; and
(vi) Otherwise achieve the goals of this subdivision (k)(2).
(B) The rules adopted under this subdivision (k)(2) must, to the extent possible, achieve the goals of: (i) Maximizing the amount of federal matching funds available for the division's program; and (ii) Minimizing the variation between payments hospitals will receive under the rules as compared to payments hospitals would have received if CMS had approved the total payments described in § 71-5-2005(d) .
(i) Maximizing the amount of federal matching funds available for the division's program; and
(ii) Minimizing the variation between payments hospitals will receive under the rules as compared to payments hospitals would have received if CMS had approved the total payments described in § 71-5-2005(d) .
(C) Notwithstanding another law, the division is authorized to exercise emergency rulemaking authority to the extent necessary to meet the objectives of this subdivision (k)(2).
(3) Upon occurrence of an event set forth in subdivision (k)(1) or (k)(2), the division then has authority to make necessary changes to the division's budget to account for the loss of annual coverage assessment revenue.
(l) A covered hospital or an association representing covered hospitals, the membership of which includes thirty (30) or more covered hospitals, has the right to file a petition for declaratory order pursuant to § 4-5-223 to determine if there has been a failure to meet the requirements of this part. A covered hospital shall not increase charges or add a surcharge based on, or as a result of, the annual coverage assessment.
Amended by 2024 Tenn. Acts, ch. 953,s 1, eff. 6/30/2024.
Added by 2023 Tenn. Acts, ch. 232, s 1, eff. 6/30/2023.
Tenn. Code Ann. § 71-5-804 — TN Code / Title 71 / Chapter 5 / Section 71-5-804
[Repealed]
Status: repealed

Acts 2014 , ch. 877, § 1; repealed by terms of former § 71-5-806, effective June 30, 2015.
Tenn. Code Ann. § 71-4-110 — TN Code / Title 71 / Chapter 4 / Section 71-4-110
Reinvestigation of awards
Status: in_force

(a) (1) 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. (2) After such further investigation as the regional director or a designated agent may deem necessary or the department may require, the amount of assistance in the form of money payments may be changed or assistance may be entirely withdrawn if the recipient's circumstances have altered to warrant such action. (b) A recipient shall submit to a reexamination as to eyesight when required to do so by the regional director or a designated agent or the department. Such recipient shall also furnish any information required by the regional director or a designated agent or by the department. Acts 1937, ch. 51, § 11; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.68 (Williams, § 4765.67); Acts 1957, ch. 117, § 25; T.C.A. (orig. ed.), §§ 14-517, 14-13-110.
(a) (1) 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. (2) After such further investigation as the regional director or a designated agent may deem necessary or the department may require, the amount of assistance in the form of money payments may be changed or assistance may be entirely withdrawn if the recipient's circumstances have altered to warrant such action.
(1) 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.
(2) After such further investigation as the regional director or a designated agent may deem necessary or the department may require, the amount of assistance in the form of money payments may be changed or assistance may be entirely withdrawn if the recipient's circumstances have altered to warrant such action.
(b) A recipient shall submit to a reexamination as to eyesight when required to do so by the regional director or a designated agent or the department. Such recipient shall also furnish any information required by the regional director or a designated agent or by the department.
Acts 1937, ch. 51, § 11; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.68 (Williams, § 4765.67); Acts 1957, ch. 117, § 25; T.C.A. (orig. ed.), §§ 14-517, 14-13-110.
Tenn. Code Ann. § 71-3-1104 — TN Code / Title 71 / Chapter 3 / Section 71-3-1104
[Effective until 6/30/2025. See T.C.A. 71-3-1113] Department authority - Not an entitlement program - Benefits subject to appropriations
Status: in_force

The department is authorized to establish, administer, and monitor a program to provide health care coverage to uninsured children pursuant to Title XXI ( 42 U.S.C. § 1397aa et seq.). The department may not use money appropriated for this program to expand eligibility criteria for the Tennessee medicaid program or any other program operated under this title. The program shall not constitute an entitlement to coverage for eligible individuals, and the availability of program benefits is subject to appropriations. Acts 2006, ch. 867, § 7.
The department is authorized to establish, administer, and monitor a program to provide health care coverage to uninsured children pursuant to Title XXI ( 42 U.S.C. § 1397aa et seq.). The department may not use money appropriated for this program to expand eligibility criteria for the Tennessee medicaid program or any other program operated under this title. The program shall not constitute an entitlement to coverage for eligible individuals, and the availability of program benefits is subject to appropriations.
Acts 2006, ch. 867, § 7.
Tenn. Code Ann. § 71-5-130 — TN Code / Title 71 / Chapter 5 / Section 71-5-130
Determination of payments to vendors - Audits
Status: in_force

(a) With regard to the payments to vendors pursuant to this part: (1) The payment for all vendors providing health care that receive payment pursuant to this part shall be determined by the comptroller of the treasury, in accordance with rules and regulations established by the department, pursuant to § 71-5-105 , and shall be paid by the department; (2) In order that payment can be determined for all vendors providing health care that receive payment pursuant to this part, the department shall require such vendors to submit to the comptroller of the treasury, cost data, statistical data, and other information, as may be necessary, on such forms as are approved or formulated by the department, in consultation with the comptroller of the treasury and the Tennessee Hospital Association. The comptroller of the treasury, in consultation with the department, may require that such cost data and other information, in order to be acceptable, be certified by the administrator of the vendor and by a licensed public accountant or certified public accountant; and all such data shall be subject to audit by the comptroller of the treasury, or agency or organization designated by the comptroller of the treasury; (3) (A) To be eligible to receive payment, contracting hospitals shall use uniform hospital statistics and classification of accounts as published by the American Hospital Association for all accounting records, or any other acceptable accounting methods approved by the department in consultation with the comptroller of the treasury and the Tennessee Hospital Association; (B) In consultation with the comptroller of the treasury, the department may also require other vendors to use uniform statistics and classification of accounts; (4) (A) Any contracting hospital that does not adopt the uniform classification of accounts, as it shall be established by the department, or that does not submit certified statements when required by the department, shall be assessed a penalty of ten dollars ($10.00) for each day the hospital is not in compliance with this subsection (a); (B) Any nursing home that does not adopt a uniform classification of accounts, or does not submit certified statements, or does not submit cost data and other information, as required by the department, shall be assessed the penalty provided by subdivision (a)(4)(A); (C) Any other vendor providing health care pursuant to this part that does not adopt a uniform classification of accounts, or does not submit certified statements, or does not submit cost data and other information, as required by the department, shall be assessed the penalty provided by subdivision (a)(4)(A); (5) (A) The comptroller of the treasury in carrying out responsibilities under this part, with regard to the determination of payments for particular vendors, and the auditing of data submitted, is hereby authorized to enter into contracts and agreements, and to make such arrangements as are necessary with other state departments and agencies, and with organizations or firms providing such services. The final authority for the determination and certification of payment to the department shall be the comptroller of the treasury; (B) The departments of human services and health may enter into agreements with the comptroller of the treasury with regard to services performed in payment determination and auditing, and are hereby authorized to reimburse the comptroller of the treasury for the performance of such services out of funds available to the department; and (6) All legal aids granted to the comptroller of the treasury by any other law are expressly reserved to the comptroller of the treasury in auditing any contracting vendor for the purpose of verifying the cost data and other information submitted by the vendor. (b) Nothing contained in this part shall be construed as obligating the state during any fiscal year for any payment exceeding the amount appropriated by the general assembly for this purpose, and budgeted by the department or departments administering these programs. Acts 1984, ch. 787, § 10; T.C.A., § 14-23-130; Acts 1988, ch. 779, §§ 3-5.
(a) With regard to the payments to vendors pursuant to this part: (1) The payment for all vendors providing health care that receive payment pursuant to this part shall be determined by the comptroller of the treasury, in accordance with rules and regulations established by the department, pursuant to § 71-5-105 , and shall be paid by the department; (2) In order that payment can be determined for all vendors providing health care that receive payment pursuant to this part, the department shall require such vendors to submit to the comptroller of the treasury, cost data, statistical data, and other information, as may be necessary, on such forms as are approved or formulated by the department, in consultation with the comptroller of the treasury and the Tennessee Hospital Association. The comptroller of the treasury, in consultation with the department, may require that such cost data and other information, in order to be acceptable, be certified by the administrator of the vendor and by a licensed public accountant or certified public accountant; and all such data shall be subject to audit by the comptroller of the treasury, or agency or organization designated by the comptroller of the treasury; (3) (A) To be eligible to receive payment, contracting hospitals shall use uniform hospital statistics and classification of accounts as published by the American Hospital Association for all accounting records, or any other acceptable accounting methods approved by the department in consultation with the comptroller of the treasury and the Tennessee Hospital Association; (B) In consultation with the comptroller of the treasury, the department may also require other vendors to use uniform statistics and classification of accounts; (4) (A) Any contracting hospital that does not adopt the uniform classification of accounts, as it shall be established by the department, or that does not submit certified statements when required by the department, shall be assessed a penalty of ten dollars ($10.00) for each day the hospital is not in compliance with this subsection (a); (B) Any nursing home that does not adopt a uniform classification of accounts, or does not submit certified statements, or does not submit cost data and other information, as required by the department, shall be assessed the penalty provided by subdivision (a)(4)(A); (C) Any other vendor providing health care pursuant to this part that does not adopt a uniform classification of accounts, or does not submit certified statements, or does not submit cost data and other information, as required by the department, shall be assessed the penalty provided by subdivision (a)(4)(A); (5) (A) The comptroller of the treasury in carrying out responsibilities under this part, with regard to the determination of payments for particular vendors, and the auditing of data submitted, is hereby authorized to enter into contracts and agreements, and to make such arrangements as are necessary with other state departments and agencies, and with organizations or firms providing such services. The final authority for the determination and certification of payment to the department shall be the comptroller of the treasury; (B) The departments of human services and health may enter into agreements with the comptroller of the treasury with regard to services performed in payment determination and auditing, and are hereby authorized to reimburse the comptroller of the treasury for the performance of such services out of funds available to the department; and (6) All legal aids granted to the comptroller of the treasury by any other law are expressly reserved to the comptroller of the treasury in auditing any contracting vendor for the purpose of verifying the cost data and other information submitted by the vendor.
(1) The payment for all vendors providing health care that receive payment pursuant to this part shall be determined by the comptroller of the treasury, in accordance with rules and regulations established by the department, pursuant to § 71-5-105 , and shall be paid by the department;
(2) In order that payment can be determined for all vendors providing health care that receive payment pursuant to this part, the department shall require such vendors to submit to the comptroller of the treasury, cost data, statistical data, and other information, as may be necessary, on such forms as are approved or formulated by the department, in consultation with the comptroller of the treasury and the Tennessee Hospital Association. The comptroller of the treasury, in consultation with the department, may require that such cost data and other information, in order to be acceptable, be certified by the administrator of the vendor and by a licensed public accountant or certified public accountant; and all such data shall be subject to audit by the comptroller of the treasury, or agency or organization designated by the comptroller of the treasury;
(3) (A) To be eligible to receive payment, contracting hospitals shall use uniform hospital statistics and classification of accounts as published by the American Hospital Association for all accounting records, or any other acceptable accounting methods approved by the department in consultation with the comptroller of the treasury and the Tennessee Hospital Association; (B) In consultation with the comptroller of the treasury, the department may also require other vendors to use uniform statistics and classification of accounts;
(A) To be eligible to receive payment, contracting hospitals shall use uniform hospital statistics and classification of accounts as published by the American Hospital Association for all accounting records, or any other acceptable accounting methods approved by the department in consultation with the comptroller of the treasury and the Tennessee Hospital Association;
(B) In consultation with the comptroller of the treasury, the department may also require other vendors to use uniform statistics and classification of accounts;
(4) (A) Any contracting hospital that does not adopt the uniform classification of accounts, as it shall be established by the department, or that does not submit certified statements when required by the department, shall be assessed a penalty of ten dollars ($10.00) for each day the hospital is not in compliance with this subsection (a); (B) Any nursing home that does not adopt a uniform classification of accounts, or does not submit certified statements, or does not submit cost data and other information, as required by the department, shall be assessed the penalty provided by subdivision (a)(4)(A); (C) Any other vendor providing health care pursuant to this part that does not adopt a uniform classification of accounts, or does not submit certified statements, or does not submit cost data and other information, as required by the department, shall be assessed the penalty provided by subdivision (a)(4)(A);
(A) Any contracting hospital that does not adopt the uniform classification of accounts, as it shall be established by the department, or that does not submit certified statements when required by the department, shall be assessed a penalty of ten dollars ($10.00) for each day the hospital is not in compliance with this subsection (a);
(B) Any nursing home that does not adopt a uniform classification of accounts, or does not submit certified statements, or does not submit cost data and other information, as required by the department, shall be assessed the penalty provided by subdivision (a)(4)(A);
(C) Any other vendor providing health care pursuant to this part that does not adopt a uniform classification of accounts, or does not submit certified statements, or does not submit cost data and other information, as required by the department, shall be assessed the penalty provided by subdivision (a)(4)(A);
(5) (A) The comptroller of the treasury in carrying out responsibilities under this part, with regard to the determination of payments for particular vendors, and the auditing of data submitted, is hereby authorized to enter into contracts and agreements, and to make such arrangements as are necessary with other state departments and agencies, and with organizations or firms providing such services. The final authority for the determination and certification of payment to the department shall be the comptroller of the treasury; (B) The departments of human services and health may enter into agreements with the comptroller of the treasury with regard to services performed in payment determination and auditing, and are hereby authorized to reimburse the comptroller of the treasury for the performance of such services out of funds available to the department; and
(A) The comptroller of the treasury in carrying out responsibilities under this part, with regard to the determination of payments for particular vendors, and the auditing of data submitted, is hereby authorized to enter into contracts and agreements, and to make such arrangements as are necessary with other state departments and agencies, and with organizations or firms providing such services. The final authority for the determination and certification of payment to the department shall be the comptroller of the treasury;
(B) The departments of human services and health may enter into agreements with the comptroller of the treasury with regard to services performed in payment determination and auditing, and are hereby authorized to reimburse the comptroller of the treasury for the performance of such services out of funds available to the department; and
(6) All legal aids granted to the comptroller of the treasury by any other law are expressly reserved to the comptroller of the treasury in auditing any contracting vendor for the purpose of verifying the cost data and other information submitted by the vendor.
(b) Nothing contained in this part shall be construed as obligating the state during any fiscal year for any payment exceeding the amount appropriated by the general assembly for this purpose, and budgeted by the department or departments administering these programs.
Acts 1984, ch. 787, § 10; T.C.A., § 14-23-130; Acts 1988, ch. 779, §§ 3-5.
Tenn. Code Ann. § 71-2-501 — TN Code / Title 71 / Chapter 2 / Section 71-2-501
Legislative intent - Enrollment in prescription drug discount card program and transitional assistance program benefits - Automatic enrollment
Status: in_force

(a) It is the intent of the legislature that the state of Tennessee, through the bureau of TennCare, be designated as the authorized representative for elderly and disabled enrollees, who are eligible medicare beneficiaries, but have lost or may lose eligibility for TennCare benefits due to changes in the TennCare program, for the purpose of facilitating and effectuating enrollment in a medicare-approved prescription drug discount card program or programs, and for applying for transitional assistance program medicare drug benefits, pursuant to 42 U.S.C. § 1395 et seq. As the eligible enrollee's legally authorized representative for this purpose, TennCare may designate or select one (1) or more programs as preferred plans, for purposes of automatically enrolling such medicare beneficiaries, to expedite access to prescription drug discounts and secure related transitional assistance payments for those medicare enrollees eligible for such assistance. (b) To expedite and assure enrollment of individuals into a program, TennCare may enroll a medicare-eligible beneficiary in a program or programs, and apply for available transitional assistance on the enrollees' behalf, in the absence of any action or application of the individual beneficiary seeking such enrollment or assistance; provided, that each individual so enrolled shall be informed of the following: (1) In advance of enrollment in a program, the state's intent to enroll the individual in a program, unless the individual informs TennCare, within ten (10) days of receipt of such notice, that the individual does not want to be so enrolled; (2) The procedures by which the individual may disenroll from the preferred sponsor's program; (3) The existence of alternative medicare-approved prescription drug discount card sponsors in the region in which the individual resides; and (4) The means through which the individual may change the individual's enrollment to an alternative sponsor or may obtain assistance in doing so. (c) TennCare shall determine the procedures for automatic enrollment in a preferred sponsor's program and application for transitional assistance, where applicable. Acts 2005, ch. 474, § 4.
(a) It is the intent of the legislature that the state of Tennessee, through the bureau of TennCare, be designated as the authorized representative for elderly and disabled enrollees, who are eligible medicare beneficiaries, but have lost or may lose eligibility for TennCare benefits due to changes in the TennCare program, for the purpose of facilitating and effectuating enrollment in a medicare-approved prescription drug discount card program or programs, and for applying for transitional assistance program medicare drug benefits, pursuant to 42 U.S.C. § 1395 et seq. As the eligible enrollee's legally authorized representative for this purpose, TennCare may designate or select one (1) or more programs as preferred plans, for purposes of automatically enrolling such medicare beneficiaries, to expedite access to prescription drug discounts and secure related transitional assistance payments for those medicare enrollees eligible for such assistance.
(b) To expedite and assure enrollment of individuals into a program, TennCare may enroll a medicare-eligible beneficiary in a program or programs, and apply for available transitional assistance on the enrollees' behalf, in the absence of any action or application of the individual beneficiary seeking such enrollment or assistance; provided, that each individual so enrolled shall be informed of the following: (1) In advance of enrollment in a program, the state's intent to enroll the individual in a program, unless the individual informs TennCare, within ten (10) days of receipt of such notice, that the individual does not want to be so enrolled; (2) The procedures by which the individual may disenroll from the preferred sponsor's program; (3) The existence of alternative medicare-approved prescription drug discount card sponsors in the region in which the individual resides; and (4) The means through which the individual may change the individual's enrollment to an alternative sponsor or may obtain assistance in doing so.
(1) In advance of enrollment in a program, the state's intent to enroll the individual in a program, unless the individual informs TennCare, within ten (10) days of receipt of such notice, that the individual does not want to be so enrolled;
(2) The procedures by which the individual may disenroll from the preferred sponsor's program;
(3) The existence of alternative medicare-approved prescription drug discount card sponsors in the region in which the individual resides; and
(4) The means through which the individual may change the individual's enrollment to an alternative sponsor or may obtain assistance in doing so.
(c) TennCare shall determine the procedures for automatic enrollment in a preferred sponsor's program and application for transitional assistance, where applicable.
Acts 2005, ch. 474, § 4.
Tenn. Code Ann. § 71-6-306 — TN Code / Title 71 / Chapter 6 / Section 71-6-306
Necessary expenses of advisory committee
Status: in_force

A portion of the funds generated from the additional fine imposed upon persons convicted of sexual offenses pursuant to § 40-24-108 shall be used to pay the necessary expenses for any meetings of the advisory committee established by this part. Acts 2003, ch. 304, § 2.
A portion of the funds generated from the additional fine imposed upon persons convicted of sexual offenses pursuant to § 40-24-108 shall be used to pay the necessary expenses for any meetings of the advisory committee established by this part.
Acts 2003, ch. 304, § 2.
Tenn. Code Ann. § 71-1-130 — TN Code / Title 71 / Chapter 1 / Section 71-1-130
Day care services - Rate of reimbursement - Market rate study - Enrollment-based child care subsidy payments program
Status: in_force

(a) The department shall perform a market rate study of day care rates annually. (b) In compliance with federal law and regulations and from the market rate study or utilizing an alternative methodology, the department shall annually determine an amount to be paid as reimbursement on behalf of low-income families, for the provision of child or infant care by a day care center, family day care home, or group day care home. (c) The commissioner shall report to the governor and the general assembly, no later than October 1 of each year, the results of the market rate study; the results of an alternative methodology utilized, if applicable; and the annual rate that has been requested by the department in its budget. (d) The average rate to be paid by the department for day care services in fiscal year 1990-1991 shall be forty-six dollars ($46.00) per week. An additional two dollars ($2.00) per day may be paid for transportation in "as-needed" day care, if it is furnished by the day care provider. (e) The amounts to be paid by the department for day care services and transportation under this section shall be subject to the availability of funding each year in the general appropriations act. (f) In any case where the department terminates a certificate for an eligible child for child care services with a child care provider, the department shall promptly, but in any event within forty-eight (48) hours, inform the provider that the child's certificate is or will no longer be in effect. (g) (1) A parent or other caretaker of an eligible child who receives a subsidy certificate from the department shall be solely responsible for payment to the provider of child care services any required copayments or other payments required pursuant to any contractual agreement with the provider of child care services. (2) Unless extenuating circumstances or other good cause applies as determined by the department, upon removal of a child from a provider of child care services, no subsidy certificate shall be issued or any payments made by the department on behalf of the child to any subsequent provider of child care services, unless the parent or other caretaker of the eligible child has made all required copayments to, or has reached an agreement regarding outstanding copayments with, the previous provider of child care services. (3) For purposes of this subsection (g), "copayment" means the department-imposed fee required to be paid by the parent or caretaker on behalf of the eligible child to the provider of child care services as a condition for the receipt of a subsidy certificate. (4) Nothing in this subsection (g) shall be construed to require the department to resolve or mediate any dispute between the parent or caretaker of any eligible child and the provider of child care services relative to outstanding copayments. (h) For purposes of this section, "alternative methodology": (1) Means a method of determining the costs of day care other than by a market rate study; and (2) Includes cost-of-quality studies and cost estimation models. (i) (1) The department may utilize an enrollment-based child care subsidy payments program that complies with all applicable federal funding requirements and legal authority and that seeks to provide adequate, stable payments to providers of child care services under this section by establishing effective payment practices based upon accurate time and attendance systems. (2) The department shall consider program standards, such as, but not limited to, the following: (A) The child's developmental and educational goals when authorizing care periods eligible for reimbursement; (B) Accommodation of variable parent schedules; (C) Authorizing pay based upon enrollment rather than attendance; (D) Using a range of hours to determine authorized care amounts; and (E) Simplifying and streamlining payment processes with providers. (3) The department shall publish on the department's publicly accessible website an overview of child care services and the methodology used to issue payments to providers of child care services, including any changes to the methodology during the previous year, if applicable. Amended by 2021 Tenn. Acts, ch. 498, Secs.s1, s2, s3 eff. 5/25/2021. Amended by 2021 Tenn. Acts, ch. 484, s 1, eff. 5/18/2021. Acts 1990, ch. 1072, § 1; T.C.A. (orig. ed.), § 71-3-129; Acts 1996, ch. 950, § 21; 2006, ch. 747, § 1.
(a) The department shall perform a market rate study of day care rates annually.
(b) In compliance with federal law and regulations and from the market rate study or utilizing an alternative methodology, the department shall annually determine an amount to be paid as reimbursement on behalf of low-income families, for the provision of child or infant care by a day care center, family day care home, or group day care home.
(c) The commissioner shall report to the governor and the general assembly, no later than October 1 of each year, the results of the market rate study; the results of an alternative methodology utilized, if applicable; and the annual rate that has been requested by the department in its budget.
(d) The average rate to be paid by the department for day care services in fiscal year 1990-1991 shall be forty-six dollars ($46.00) per week. An additional two dollars ($2.00) per day may be paid for transportation in "as-needed" day care, if it is furnished by the day care provider.
(e) The amounts to be paid by the department for day care services and transportation under this section shall be subject to the availability of funding each year in the general appropriations act.
(f) In any case where the department terminates a certificate for an eligible child for child care services with a child care provider, the department shall promptly, but in any event within forty-eight (48) hours, inform the provider that the child's certificate is or will no longer be in effect.
(g) (1) A parent or other caretaker of an eligible child who receives a subsidy certificate from the department shall be solely responsible for payment to the provider of child care services any required copayments or other payments required pursuant to any contractual agreement with the provider of child care services. (2) Unless extenuating circumstances or other good cause applies as determined by the department, upon removal of a child from a provider of child care services, no subsidy certificate shall be issued or any payments made by the department on behalf of the child to any subsequent provider of child care services, unless the parent or other caretaker of the eligible child has made all required copayments to, or has reached an agreement regarding outstanding copayments with, the previous provider of child care services. (3) For purposes of this subsection (g), "copayment" means the department-imposed fee required to be paid by the parent or caretaker on behalf of the eligible child to the provider of child care services as a condition for the receipt of a subsidy certificate. (4) Nothing in this subsection (g) shall be construed to require the department to resolve or mediate any dispute between the parent or caretaker of any eligible child and the provider of child care services relative to outstanding copayments.
(1) A parent or other caretaker of an eligible child who receives a subsidy certificate from the department shall be solely responsible for payment to the provider of child care services any required copayments or other payments required pursuant to any contractual agreement with the provider of child care services.
(2) Unless extenuating circumstances or other good cause applies as determined by the department, upon removal of a child from a provider of child care services, no subsidy certificate shall be issued or any payments made by the department on behalf of the child to any subsequent provider of child care services, unless the parent or other caretaker of the eligible child has made all required copayments to, or has reached an agreement regarding outstanding copayments with, the previous provider of child care services.
(3) For purposes of this subsection (g), "copayment" means the department-imposed fee required to be paid by the parent or caretaker on behalf of the eligible child to the provider of child care services as a condition for the receipt of a subsidy certificate.
(4) Nothing in this subsection (g) shall be construed to require the department to resolve or mediate any dispute between the parent or caretaker of any eligible child and the provider of child care services relative to outstanding copayments.
(h) For purposes of this section, "alternative methodology": (1) Means a method of determining the costs of day care other than by a market rate study; and (2) Includes cost-of-quality studies and cost estimation models.
(1) Means a method of determining the costs of day care other than by a market rate study; and
(2) Includes cost-of-quality studies and cost estimation models.
(i) (1) The department may utilize an enrollment-based child care subsidy payments program that complies with all applicable federal funding requirements and legal authority and that seeks to provide adequate, stable payments to providers of child care services under this section by establishing effective payment practices based upon accurate time and attendance systems. (2) The department shall consider program standards, such as, but not limited to, the following: (A) The child's developmental and educational goals when authorizing care periods eligible for reimbursement; (B) Accommodation of variable parent schedules; (C) Authorizing pay based upon enrollment rather than attendance; (D) Using a range of hours to determine authorized care amounts; and (E) Simplifying and streamlining payment processes with providers. (3) The department shall publish on the department's publicly accessible website an overview of child care services and the methodology used to issue payments to providers of child care services, including any changes to the methodology during the previous year, if applicable.
(1) The department may utilize an enrollment-based child care subsidy payments program that complies with all applicable federal funding requirements and legal authority and that seeks to provide adequate, stable payments to providers of child care services under this section by establishing effective payment practices based upon accurate time and attendance systems.
(2) The department shall consider program standards, such as, but not limited to, the following: (A) The child's developmental and educational goals when authorizing care periods eligible for reimbursement; (B) Accommodation of variable parent schedules; (C) Authorizing pay based upon enrollment rather than attendance; (D) Using a range of hours to determine authorized care amounts; and (E) Simplifying and streamlining payment processes with providers.
(A) The child's developmental and educational goals when authorizing care periods eligible for reimbursement;
(B) Accommodation of variable parent schedules;
(C) Authorizing pay based upon enrollment rather than attendance;
(D) Using a range of hours to determine authorized care amounts; and
(E) Simplifying and streamlining payment processes with providers.
(3) The department shall publish on the department's publicly accessible website an overview of child care services and the methodology used to issue payments to providers of child care services, including any changes to the methodology during the previous year, if applicable.
Amended by 2021 Tenn. Acts, ch. 498, Secs.s1, s2, s3 eff. 5/25/2021.
Amended by 2021 Tenn. Acts, ch. 484, s 1, eff. 5/18/2021.
Acts 1990, ch. 1072, § 1; T.C.A. (orig. ed.), § 71-3-129; Acts 1996, ch. 950, § 21; 2006, ch. 747, § 1.
Tenn. Code Ann. § 71-4-118 — TN Code / Title 71 / Chapter 4 / Section 71-4-118
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, § 5.
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, § 5.
Tenn. Code Ann. § 71-5-158 — TN Code / Title 71 / Chapter 5 / Section 71-5-158
Amendment to TennCare ll waiver relating to work and community engagement requirements for certain adult enrollees
Status: in_force

An amendment to the existing TennCare II waiver shall be submitted to the federal centers for medicare and medicaid services (CMS) authorizing the bureau of TennCare to create reasonable work and community engagement requirements for able-bodied working age adult enrollees without dependent children under the age of six (6). The waiver shall be consistent with the most recent guidance to state medicaid directors provided by CMS concerning opportunities to promote work and community engagement in demonstration projects authorized under § 1115 of the federal social security act ( 42 U.S.C. § 1315 ). The state shall seek the necessary approval from the United States department of health and human services to utilize funds from the temporary assistance to needy families (TANF) program under the Families First Act of 1996, compiled in chapter 3, part 1 of this title, for eligible expenditures related to the waiver. Implementation of the waiver shall be contingent upon the available use of TANF funds or other federal appropriations to meet the requirements of the waiver. Acts 2018, ch. 869, § 1.
An amendment to the existing TennCare II waiver shall be submitted to the federal centers for medicare and medicaid services (CMS) authorizing the bureau of TennCare to create reasonable work and community engagement requirements for able-bodied working age adult enrollees without dependent children under the age of six (6). The waiver shall be consistent with the most recent guidance to state medicaid directors provided by CMS concerning opportunities to promote work and community engagement in demonstration projects authorized under § 1115 of the federal social security act ( 42 U.S.C. § 1315 ). The state shall seek the necessary approval from the United States department of health and human services to utilize funds from the temporary assistance to needy families (TANF) program under the Families First Act of 1996, compiled in chapter 3, part 1 of this title, for eligible expenditures related to the waiver. Implementation of the waiver shall be contingent upon the available use of TANF funds or other federal appropriations to meet the requirements of the waiver.
Acts 2018, ch. 869, § 1.
Tenn. Code Ann. § 71-5-1204 — TN Code / Title 71 / Chapter 5 / Section 71-5-1204
Unexpended and reserve of funds from the temporary assistance for needy families (TANF)
Status: in_force

(a) The department shall, at the beginning of federal fiscal year 2022, ensure that a rainy-day fund in an amount not to exceed the TANF annual federal award of the existing reserve of federal TANF funds remain unobligated in order to address unforeseen future economic needs, including those resulting from an emergency that has been declared in the state or an economic downturn having statewide impact. (b) The department shall seek to replenish funds used from the TANF rainy-day reserve fund in the following fiscal year or as soon as the funds are available. (c) If the amendment to the existing TennCare II waiver authorizing the bureau of TennCare to create reasonable work and community engagement requirements for able-bodied working-age adult enrollees without dependent children under six (6) years of age as provided under § 71-5-158 is approved by the federal centers for medicare and medicaid services, then the department is authorized to set aside fifty-four million dollars ($54,000,000), subject to appropriations in the general appropriations act, in TANF funds to address this expenditure. (d) (1) In the eighteen-month period following the end of each federal fiscal year, the department must spend or obligate one hundred percent (100%) of unobligated TANF funds that are not allocated to the department's administrative overhead costs; that are not part of the reserve as described in subsection (a); that are not dedicated to the Tennessee opportunity pilot program pursuant to § 71-5-1203 ; that are not used for the department's cash assistance program; and that are not used on a program or service deemed necessary by the department. (2) Expenditures described in subdivision (d)(1) must be made to eligible nonprofit organizations, other qualified entities, or other federally approved state program to provide services to families and individuals eligible for the TANF program and in furtherance of the four (4) purposes of the TANF program. These services must be distributed, to the extent possible, across this state's ninety-five (95) counties in proportion to each county's percentage share of Tennessee children living in households with incomes at or below the federal poverty level as confirmed by the comptroller of the treasury. (e) Beginning in the quarter following the end of federal fiscal year 2021, the department shall notify the public of the amount of funds available to be allocated statewide and request and accept proposals from eligible nonprofit organizations and other qualified entities to provide evidence-based and evidence-informed programs and services to individuals and families who are eligible to receive funds from the TANF program pursuant to subsection (a). Amended by 2023 Tenn. Acts, ch. 51, s 5, eff. 3/21/2023. Amended by 2021 Tenn. Acts, ch. 515, s 4, eff. 7/1/2021. Acts 1996, ch. 950, § 27; 1999, ch. 520, § 47.
(a) The department shall, at the beginning of federal fiscal year 2022, ensure that a rainy-day fund in an amount not to exceed the TANF annual federal award of the existing reserve of federal TANF funds remain unobligated in order to address unforeseen future economic needs, including those resulting from an emergency that has been declared in the state or an economic downturn having statewide impact.
(b) The department shall seek to replenish funds used from the TANF rainy-day reserve fund in the following fiscal year or as soon as the funds are available.
(c) If the amendment to the existing TennCare II waiver authorizing the bureau of TennCare to create reasonable work and community engagement requirements for able-bodied working-age adult enrollees without dependent children under six (6) years of age as provided under § 71-5-158 is approved by the federal centers for medicare and medicaid services, then the department is authorized to set aside fifty-four million dollars ($54,000,000), subject to appropriations in the general appropriations act, in TANF funds to address this expenditure.
(d) (1) In the eighteen-month period following the end of each federal fiscal year, the department must spend or obligate one hundred percent (100%) of unobligated TANF funds that are not allocated to the department's administrative overhead costs; that are not part of the reserve as described in subsection (a); that are not dedicated to the Tennessee opportunity pilot program pursuant to § 71-5-1203 ; that are not used for the department's cash assistance program; and that are not used on a program or service deemed necessary by the department. (2) Expenditures described in subdivision (d)(1) must be made to eligible nonprofit organizations, other qualified entities, or other federally approved state program to provide services to families and individuals eligible for the TANF program and in furtherance of the four (4) purposes of the TANF program. These services must be distributed, to the extent possible, across this state's ninety-five (95) counties in proportion to each county's percentage share of Tennessee children living in households with incomes at or below the federal poverty level as confirmed by the comptroller of the treasury.
(1) In the eighteen-month period following the end of each federal fiscal year, the department must spend or obligate one hundred percent (100%) of unobligated TANF funds that are not allocated to the department's administrative overhead costs; that are not part of the reserve as described in subsection (a); that are not dedicated to the Tennessee opportunity pilot program pursuant to § 71-5-1203 ; that are not used for the department's cash assistance program; and that are not used on a program or service deemed necessary by the department.
(2) Expenditures described in subdivision (d)(1) must be made to eligible nonprofit organizations, other qualified entities, or other federally approved state program to provide services to families and individuals eligible for the TANF program and in furtherance of the four (4) purposes of the TANF program. These services must be distributed, to the extent possible, across this state's ninety-five (95) counties in proportion to each county's percentage share of Tennessee children living in households with incomes at or below the federal poverty level as confirmed by the comptroller of the treasury.
(e) Beginning in the quarter following the end of federal fiscal year 2021, the department shall notify the public of the amount of funds available to be allocated statewide and request and accept proposals from eligible nonprofit organizations and other qualified entities to provide evidence-based and evidence-informed programs and services to individuals and families who are eligible to receive funds from the TANF program pursuant to subsection (a).
Amended by 2023 Tenn. Acts, ch. 51, s 5, eff. 3/21/2023.
Amended by 2021 Tenn. Acts, ch. 515, s 4, eff. 7/1/2021.
Acts 1996, ch. 950, § 27; 1999, ch. 520, § 47.
Tenn. Code Ann. § 71-5-120 — TN Code / Title 71 / Chapter 5 / Section 71-5-120
Residency requirement - Determination - Appeal
Status: in_force

(a) No period of residence in this state shall be required as a condition for eligibility for medical assistance under this chapter, but an individual who does not reside in this state shall not be eligible. (b) The bureau of TennCare shall adopt rules for determining whether an applicant is a resident of this state subject to the requirements of federal law. The rules shall require that state residency is not established unless the applicant does both of the following: (1) The applicant produces one (1) of the following: (A) A current Tennessee rent or mortgage receipt or utility bill in the adult applicant's name; (B) A current Tennessee motor vehicle driver's license or identification card issued by the Tennessee department of safety in the adult applicant's name; (C) A current Tennessee motor vehicle registration in the adult applicant's name; (D) A document showing that the adult applicant is employed in this state; (E) A document showing that the adult applicant has registered with a public or private employment service in this state; (F) Evidence that the adult applicant has enrolled the applicant's children in a school in this state; (G) Evidence that the adult applicant is receiving public assistance in this state; (H) Evidence of registration to vote in this state; or (I) Other evidence deemed sufficient to the bureau or the department of human services, or both, as proof of residency in this state; and (2) The adult applicant declares, under penalty of perjury, that all of the following apply: (A) The adult applicant does not own or lease a principal residence outside of this state; and (B) The adult applicant is not receiving public assistance outside of this state. As used in this subdivision (b)(2)(B), "public assistance" does not include unemployment insurance benefits. (c) Residency for minors shall be determined as otherwise permitted under state and federal law. A minor for the purposes of this subsection (c) is a person younger than nineteen (19) years of age. (d) A denial of determination of residency may be appealed in the same manner as any other denial of eligibility. A determination of residency shall not be granted unless a preponderance of the credible evidence supports the adult applicant's intent to remain indefinitely in this state. In making determinations or verifications of residency, subject to the requirements of subsection (b), the department of human services shall apply the same policies and procedures as are applied in the determination of residency for other programs administered by the department to the extent permitted under or by federal law. Acts 2002, ch. 880, § 14.
(a) No period of residence in this state shall be required as a condition for eligibility for medical assistance under this chapter, but an individual who does not reside in this state shall not be eligible.
(b) The bureau of TennCare shall adopt rules for determining whether an applicant is a resident of this state subject to the requirements of federal law. The rules shall require that state residency is not established unless the applicant does both of the following: (1) The applicant produces one (1) of the following: (A) A current Tennessee rent or mortgage receipt or utility bill in the adult applicant's name; (B) A current Tennessee motor vehicle driver's license or identification card issued by the Tennessee department of safety in the adult applicant's name; (C) A current Tennessee motor vehicle registration in the adult applicant's name; (D) A document showing that the adult applicant is employed in this state; (E) A document showing that the adult applicant has registered with a public or private employment service in this state; (F) Evidence that the adult applicant has enrolled the applicant's children in a school in this state; (G) Evidence that the adult applicant is receiving public assistance in this state; (H) Evidence of registration to vote in this state; or (I) Other evidence deemed sufficient to the bureau or the department of human services, or both, as proof of residency in this state; and (2) The adult applicant declares, under penalty of perjury, that all of the following apply: (A) The adult applicant does not own or lease a principal residence outside of this state; and (B) The adult applicant is not receiving public assistance outside of this state. As used in this subdivision (b)(2)(B), "public assistance" does not include unemployment insurance benefits.
(1) The applicant produces one (1) of the following: (A) A current Tennessee rent or mortgage receipt or utility bill in the adult applicant's name; (B) A current Tennessee motor vehicle driver's license or identification card issued by the Tennessee department of safety in the adult applicant's name; (C) A current Tennessee motor vehicle registration in the adult applicant's name; (D) A document showing that the adult applicant is employed in this state; (E) A document showing that the adult applicant has registered with a public or private employment service in this state; (F) Evidence that the adult applicant has enrolled the applicant's children in a school in this state; (G) Evidence that the adult applicant is receiving public assistance in this state; (H) Evidence of registration to vote in this state; or (I) Other evidence deemed sufficient to the bureau or the department of human services, or both, as proof of residency in this state; and
(A) A current Tennessee rent or mortgage receipt or utility bill in the adult applicant's name;
(B) A current Tennessee motor vehicle driver's license or identification card issued by the Tennessee department of safety in the adult applicant's name;
(C) A current Tennessee motor vehicle registration in the adult applicant's name;
(D) A document showing that the adult applicant is employed in this state;
(E) A document showing that the adult applicant has registered with a public or private employment service in this state;
(F) Evidence that the adult applicant has enrolled the applicant's children in a school in this state;
(G) Evidence that the adult applicant is receiving public assistance in this state;
(H) Evidence of registration to vote in this state; or
(I) Other evidence deemed sufficient to the bureau or the department of human services, or both, as proof of residency in this state; and
(2) The adult applicant declares, under penalty of perjury, that all of the following apply: (A) The adult applicant does not own or lease a principal residence outside of this state; and (B) The adult applicant is not receiving public assistance outside of this state. As used in this subdivision (b)(2)(B), "public assistance" does not include unemployment insurance benefits.
(A) The adult applicant does not own or lease a principal residence outside of this state; and
(B) The adult applicant is not receiving public assistance outside of this state. As used in this subdivision (b)(2)(B), "public assistance" does not include unemployment insurance benefits.
(c) Residency for minors shall be determined as otherwise permitted under state and federal law. A minor for the purposes of this subsection (c) is a person younger than nineteen (19) years of age.
(d) A denial of determination of residency may be appealed in the same manner as any other denial of eligibility. A determination of residency shall not be granted unless a preponderance of the credible evidence supports the adult applicant's intent to remain indefinitely in this state. In making determinations or verifications of residency, subject to the requirements of subsection (b), the department of human services shall apply the same policies and procedures as are applied in the determination of residency for other programs administered by the department to the extent permitted under or by federal law.
Acts 2002, ch. 880, § 14.
Tenn. Code Ann. § 71-7-101 — TN Code / Title 71 / Chapter 7 / Section 71-7-101
Tennessee rare disease advisory council
Status: in_force

There is established the Tennessee rare disease advisory council, referred to in this chapter as the "advisory council", to advise the TennCare prescription drug utilization review committee referred to in this chapter as the "DUR", the TennCare pharmacy advisory committee referred to in this chapter as the "PAC", and other public and private agencies in this state in providing services for persons diagnosed with rare diseases. Added by 2020 Tenn. Acts, ch. 645, s 1, eff. 7/1/2020.
There is established the Tennessee rare disease advisory council, referred to in this chapter as the "advisory council", to advise the TennCare prescription drug utilization review committee referred to in this chapter as the "DUR", the TennCare pharmacy advisory committee referred to in this chapter as the "PAC", and other public and private agencies in this state in providing services for persons diagnosed with rare diseases.
Added by 2020 Tenn. Acts, ch. 645, s 1, eff. 7/1/2020.
Tenn. Code Ann. § 71-5-169 — TN Code / Title 71 / Chapter 5 / Section 71-5-169
Section definitions - Reimbursement for non-opioid treatment to healthcare providers and hospitals
Status: in_force

(a) As used in this section: (1) "Division" means the division of TennCare; and (2) "Non-opioid treatment" means a drug or biological product that is indicated to produce analgesia without acting on the body's opioid receptors. (b) The division shall ensure that reimbursement is provided to a healthcare provider who provides a non-opioid treatment to a recipient under the medical assistance program. (c) The division shall ensure that, to the extent permitted by law, a hospital that provides either inpatient or outpatient services to a recipient is reimbursed under the medical assistance program for any medically necessary non-opioid treatment provided as a part of those services. Added by 2024 Tenn. Acts, ch. 762,s 2, eff. 7/1/2024.
(a) As used in this section: (1) "Division" means the division of TennCare; and (2) "Non-opioid treatment" means a drug or biological product that is indicated to produce analgesia without acting on the body's opioid receptors.
(1) "Division" means the division of TennCare; and
(2) "Non-opioid treatment" means a drug or biological product that is indicated to produce analgesia without acting on the body's opioid receptors.
(b) The division shall ensure that reimbursement is provided to a healthcare provider who provides a non-opioid treatment to a recipient under the medical assistance program.
(c) The division shall ensure that, to the extent permitted by law, a hospital that provides either inpatient or outpatient services to a recipient is reimbursed under the medical assistance program for any medically necessary non-opioid treatment provided as a part of those services.
Added by 2024 Tenn. Acts, ch. 762,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 71-5-2509 — TN Code / Title 71 / Chapter 5 / Section 71-5-2509
Powers when investigating fraud or abuse - Judicial enforcement
Status: in_force

(a) (1) The office of inspector general, when conducting any investigation relating to TennCare fraud or abuse, shall have the power to issue subpoenas, and compel the attendance of witnesses, the examination of such witnesses under oath, and the production of books, accounts, papers, records, and documents relating to such investigation. (2) In the case of a failure of any person, firm, or corporation so subpoenaed to attend or to produce the specified records, and after reasonable notice to such person, firm, or corporation, the office of inspector general may seek judicial enforcement of the subpoena by filing, through the attorney general and reporter, a petition with the circuit or chancery court of Davidson County or of the judicial district in which such person, firm, or corporation resides. Such petition shall incorporate or be accompanied by a certification regarding the notice given and the failure of such person, firm or corporation to attend or produce the records. (3) Upon the filing of such a petition in proper form, the court shall order the person, firm, or corporation named in the petition to appear and show cause why they should not comply with the subpoena or be held in contempt for failure to comply. The court shall have authority to employ all judicial power as provided by law to compel compliance with the subpoena, including those powers granted in §§ 29-9-103 - 29-9-106. The court shall be authorized to impose costs and sanctions against any such person, firm, or corporation, in the same manner and on the same bases as may be imposed for failure to comply with judicially issued subpoenas under the Tennessee Rules of Civil Procedure. (4) The court may order the person, firm, or corporation to comply, and shall have the authority to punish each day of failure to comply with such order as a separate contempt of court. (5) The subpoena enforcement remedies set forth in this subsection (a) shall be cumulative, and not exclusive, of any other remedies provided by law for the enforcement of such subpoenas. (b) The office of inspector general shall have the power to compel the production of current and former employment records during an investigation. Employment records include, but are not limited to, employment details, wages, and insurance information of TennCare applicants and enrollees. Employment records shall be open to inspection and be subject to being copied by an office of inspector general representative at any reasonable time and as often as may be necessary. The office of inspector general shall also have the right to compare information reported to TennCare by applicants or enrollees with data maintained by the credit bureaus. (c) The complete patient record of an enrollee or recipient generated during the TennCare enrollment period shall be made available to the office of inspector general upon request. This includes any and all services, goods and pharmaceuticals dispensed regardless of payment source. Access to these records under this section may occur during and after enrollment in the TennCare program. Records accessed during an investigation shall be protected in accordance with state and federal privacy laws. Acts 2004, ch. 673, § 20; 2005, ch. 474, § 8.
(a) (1) The office of inspector general, when conducting any investigation relating to TennCare fraud or abuse, shall have the power to issue subpoenas, and compel the attendance of witnesses, the examination of such witnesses under oath, and the production of books, accounts, papers, records, and documents relating to such investigation. (2) In the case of a failure of any person, firm, or corporation so subpoenaed to attend or to produce the specified records, and after reasonable notice to such person, firm, or corporation, the office of inspector general may seek judicial enforcement of the subpoena by filing, through the attorney general and reporter, a petition with the circuit or chancery court of Davidson County or of the judicial district in which such person, firm, or corporation resides. Such petition shall incorporate or be accompanied by a certification regarding the notice given and the failure of such person, firm or corporation to attend or produce the records. (3) Upon the filing of such a petition in proper form, the court shall order the person, firm, or corporation named in the petition to appear and show cause why they should not comply with the subpoena or be held in contempt for failure to comply. The court shall have authority to employ all judicial power as provided by law to compel compliance with the subpoena, including those powers granted in §§ 29-9-103 - 29-9-106. The court shall be authorized to impose costs and sanctions against any such person, firm, or corporation, in the same manner and on the same bases as may be imposed for failure to comply with judicially issued subpoenas under the Tennessee Rules of Civil Procedure. (4) The court may order the person, firm, or corporation to comply, and shall have the authority to punish each day of failure to comply with such order as a separate contempt of court. (5) The subpoena enforcement remedies set forth in this subsection (a) shall be cumulative, and not exclusive, of any other remedies provided by law for the enforcement of such subpoenas.
(1) The office of inspector general, when conducting any investigation relating to TennCare fraud or abuse, shall have the power to issue subpoenas, and compel the attendance of witnesses, the examination of such witnesses under oath, and the production of books, accounts, papers, records, and documents relating to such investigation.
(2) In the case of a failure of any person, firm, or corporation so subpoenaed to attend or to produce the specified records, and after reasonable notice to such person, firm, or corporation, the office of inspector general may seek judicial enforcement of the subpoena by filing, through the attorney general and reporter, a petition with the circuit or chancery court of Davidson County or of the judicial district in which such person, firm, or corporation resides. Such petition shall incorporate or be accompanied by a certification regarding the notice given and the failure of such person, firm or corporation to attend or produce the records.
(3) Upon the filing of such a petition in proper form, the court shall order the person, firm, or corporation named in the petition to appear and show cause why they should not comply with the subpoena or be held in contempt for failure to comply. The court shall have authority to employ all judicial power as provided by law to compel compliance with the subpoena, including those powers granted in §§ 29-9-103 - 29-9-106. The court shall be authorized to impose costs and sanctions against any such person, firm, or corporation, in the same manner and on the same bases as may be imposed for failure to comply with judicially issued subpoenas under the Tennessee Rules of Civil Procedure.
(4) The court may order the person, firm, or corporation to comply, and shall have the authority to punish each day of failure to comply with such order as a separate contempt of court.
(5) The subpoena enforcement remedies set forth in this subsection (a) shall be cumulative, and not exclusive, of any other remedies provided by law for the enforcement of such subpoenas.
(b) The office of inspector general shall have the power to compel the production of current and former employment records during an investigation. Employment records include, but are not limited to, employment details, wages, and insurance information of TennCare applicants and enrollees. Employment records shall be open to inspection and be subject to being copied by an office of inspector general representative at any reasonable time and as often as may be necessary. The office of inspector general shall also have the right to compare information reported to TennCare by applicants or enrollees with data maintained by the credit bureaus.
(c) The complete patient record of an enrollee or recipient generated during the TennCare enrollment period shall be made available to the office of inspector general upon request. This includes any and all services, goods and pharmaceuticals dispensed regardless of payment source. Access to these records under this section may occur during and after enrollment in the TennCare program. Records accessed during an investigation shall be protected in accordance with state and federal privacy laws.
Acts 2004, ch. 673, § 20; 2005, ch. 474, § 8.
Tenn. Code Ann. § 71-2-211 — TN Code / Title 71 / Chapter 2 / Section 71-2-211
Removal of recipient from county
Status: in_force

Any recipient who moves to another county in this state shall be entitled, with the approval of the department, to receive assistance in the county to which the recipient has moved, and the regional director or a designated agent of the county from which the recipient has moved shall transfer all necessary records relating to the recipient to the regional director or a designated agent of the county to which the recipient has moved. Acts 1937, ch. 49, § 13; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.30 (Williams, § 4765.29); Acts 1951, ch. 161, § 1; T.C.A. (orig. ed.), §§ 14-217, 14-2-111.
Any recipient who moves to another county in this state shall be entitled, with the approval of the department, to receive assistance in the county to which the recipient has moved, and the regional director or a designated agent of the county from which the recipient has moved shall transfer all necessary records relating to the recipient to the regional director or a designated agent of the county to which the recipient has moved.
Acts 1937, ch. 49, § 13; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.30 (Williams, § 4765.29); Acts 1951, ch. 161, § 1; T.C.A. (orig. ed.), §§ 14-217, 14-2-111.
Tenn. Code Ann. § 71-3-1201 — TN Code / Title 71 / Chapter 3 / Section 71-3-1201
Part definitions
Status: in_force

For the purposes of this part: (1) "Caretaker relative" means the father, mother, grandfather or grandmother of any degree, brother or sister of the whole or half-blood, stepfather, stepmother, stepbrother, stepsister, aunt or uncle of any degree, first cousin, nephew or niece, the relatives by adoption within the previously named classes of persons, and the biological relatives within the previous degrees of relationship, and the legal spouses of persons within the previously named classes of persons, even if the marriage has been terminated by death or divorce, with whom a child is living; (2) "Chain of custody" means the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances, and providing for accountability at each stage in handling, testing and storing specimens and reporting test results; (3) "Confirmation test," "confirmed test" or "confirmed drug test" means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity and quantitative accuracy; (4) "Drug" means marijuana, cocaine, methamphetamine, amphetamine, and opiates such as morphine. The commissioner of human services may add additional drugs by rule; (5) "Drug test" or "test" means any chemical, biological or physical instrumental analysis administered by a drug testing agency authorized to do so pursuant to this part, for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations adopted by rule by the commissioner of human services; (6) "Drug testing agency" means an entity that has the required credentials as established by regulatory or certification authorities to administer tests using a person's urine, blood or DNA that will detect and validate the presence of drugs in such person's body; (7) "Drug treatment program" means a service provider that provides confidential, timely and expert identification, assessment and resolution of drug or alcohol abuse problems affecting persons; (8) "Five panel test" means a test for marijuana, cocaine, methamphetamine, amphetamine, and opiates such as morphine; (9) "Initial drug test" means a procedure that qualifies as a "screening test" or "initial test" pursuant to regulations governing drug testing approved by rule by the commissioner of human services; (10) "Legal guardian" means a person or entity that has the legal authority to provide for the care, supervision or control of a minor child as established by law or court order; (11) "Protective payee" means a caretaker relative or a legal guardian of the child; provided, however, that person defined as a caretaker relative or guardian who is the applicant of TANF benefits who tests positive for the use of a drug as defined in this part shall be excepted from this definition; and (12) "Specimen" means tissue, fluid or a product of the human body capable of revealing the presence of drugs or their metabolites. Acts 2012, ch. 1079, § 2.
For the purposes of this part:
(1) "Caretaker relative" means the father, mother, grandfather or grandmother of any degree, brother or sister of the whole or half-blood, stepfather, stepmother, stepbrother, stepsister, aunt or uncle of any degree, first cousin, nephew or niece, the relatives by adoption within the previously named classes of persons, and the biological relatives within the previous degrees of relationship, and the legal spouses of persons within the previously named classes of persons, even if the marriage has been terminated by death or divorce, with whom a child is living;
(2) "Chain of custody" means the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances, and providing for accountability at each stage in handling, testing and storing specimens and reporting test results;
(3) "Confirmation test," "confirmed test" or "confirmed drug test" means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity and quantitative accuracy;
(4) "Drug" means marijuana, cocaine, methamphetamine, amphetamine, and opiates such as morphine. The commissioner of human services may add additional drugs by rule;
(5) "Drug test" or "test" means any chemical, biological or physical instrumental analysis administered by a drug testing agency authorized to do so pursuant to this part, for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations adopted by rule by the commissioner of human services;
(6) "Drug testing agency" means an entity that has the required credentials as established by regulatory or certification authorities to administer tests using a person's urine, blood or DNA that will detect and validate the presence of drugs in such person's body;
(7) "Drug treatment program" means a service provider that provides confidential, timely and expert identification, assessment and resolution of drug or alcohol abuse problems affecting persons;
(8) "Five panel test" means a test for marijuana, cocaine, methamphetamine, amphetamine, and opiates such as morphine;
(9) "Initial drug test" means a procedure that qualifies as a "screening test" or "initial test" pursuant to regulations governing drug testing approved by rule by the commissioner of human services;
(10) "Legal guardian" means a person or entity that has the legal authority to provide for the care, supervision or control of a minor child as established by law or court order;
(11) "Protective payee" means a caretaker relative or a legal guardian of the child; provided, however, that person defined as a caretaker relative or guardian who is the applicant of TANF benefits who tests positive for the use of a drug as defined in this part shall be excepted from this definition; and
(12) "Specimen" means tissue, fluid or a product of the human body capable of revealing the presence of drugs or their metabolites.
Acts 2012, ch. 1079, § 2.
Tenn. Code Ann. § 71-4-806 — TN Code / Title 71 / Chapter 4 / Section 71-4-806
Accounts established for eligible individuals - Notice to United States treasury department - Monthly electronic statements to social security administration
Status: in_force

(a) The qualified ABLE program that is established and maintained by the state as an agency or instrumentality thereof shall comply with all requirements of the code and shall: (1) Allow one (1) or more persons to make contributions for a taxable year into an account for the benefit of an eligible individual who is also the designated beneficiary during the taxable year. The designated beneficiary shall be an eligible individual at the time the account is established, at the time of any contribution to the account, and at the time of a distribution from an account for qualified disability expenses; and (2) Limit one (1) eligible individual or designated beneficiary to one (1) account. (b) The state treasurer shall submit a notice to the secretary of the United States department of the treasury at the time that an account is established. The notice shall contain the name and state of residence of the designated beneficiary and such other and further information as the secretary of the United States department of the treasury may require. (c) On a monthly basis, the qualified ABLE program shall submit electronic statements to the commissioner of the social security administration containing distributions and account balances from all accounts. (d) Contributions from a student's individualized education account to an achieving a better life experience account for the benefit of the student along with the earnings in the achieving a better life experience account may only be expended for the student's education expenses in accordance with this part, and the rules promulgated pursuant thereto, and the code. Amended by 2016 Tenn. Acts, ch. 793,Secs.s2, s3 eff. 4/12/2016. Acts 2015, ch. 470, § 6.
(a) The qualified ABLE program that is established and maintained by the state as an agency or instrumentality thereof shall comply with all requirements of the code and shall: (1) Allow one (1) or more persons to make contributions for a taxable year into an account for the benefit of an eligible individual who is also the designated beneficiary during the taxable year. The designated beneficiary shall be an eligible individual at the time the account is established, at the time of any contribution to the account, and at the time of a distribution from an account for qualified disability expenses; and (2) Limit one (1) eligible individual or designated beneficiary to one (1) account.
(1) Allow one (1) or more persons to make contributions for a taxable year into an account for the benefit of an eligible individual who is also the designated beneficiary during the taxable year. The designated beneficiary shall be an eligible individual at the time the account is established, at the time of any contribution to the account, and at the time of a distribution from an account for qualified disability expenses; and
(2) Limit one (1) eligible individual or designated beneficiary to one (1) account.
(b) The state treasurer shall submit a notice to the secretary of the United States department of the treasury at the time that an account is established. The notice shall contain the name and state of residence of the designated beneficiary and such other and further information as the secretary of the United States department of the treasury may require.
(c) On a monthly basis, the qualified ABLE program shall submit electronic statements to the commissioner of the social security administration containing distributions and account balances from all accounts.
(d) Contributions from a student's individualized education account to an achieving a better life experience account for the benefit of the student along with the earnings in the achieving a better life experience account may only be expended for the student's education expenses in accordance with this part, and the rules promulgated pursuant thereto, and the code.
Amended by 2016 Tenn. Acts, ch. 793,Secs.s2, s3 eff. 4/12/2016.
Acts 2015, ch. 470, § 6.
Tenn. Code Ann. § 71-4-304 — TN Code / Title 71 / Chapter 4 / Section 71-4-304
Denial of application for materials
Status: in_force

The director of services for the blind may, at the director's discretion, decline to purchase material and supplies for any blind person under this part, whenever and if information available to such director indicates that there is a probability that the amount of such purchase will not be repaid to the state, that the blind person in question possesses sufficient financial ability to purchase such raw materials, that through intermingling of goods the raw materials and supplies purchased with advances from this fund or the finished product may not be satisfactorily identified to such an extent that a contract repayment may be enforced by identifying the finished product. Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); T.C.A. (orig. ed.), §§ 14-617, 14-14-204.
The director of services for the blind may, at the director's discretion, decline to purchase material and supplies for any blind person under this part, whenever and if information available to such director indicates that there is a probability that the amount of such purchase will not be repaid to the state, that the blind person in question possesses sufficient financial ability to purchase such raw materials, that through intermingling of goods the raw materials and supplies purchased with advances from this fund or the finished product may not be satisfactorily identified to such an extent that a contract repayment may be enforced by identifying the finished product.
Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); T.C.A. (orig. ed.), §§ 14-617, 14-14-204.
Tenn. Code Ann. § 71-5-102 — TN Code / Title 71 / Chapter 5 / Section 71-5-102
Purpose
Status: in_force

(a) The purpose of this part is to make possible medical assistance to those recipients determined to be eligible under this chapter to receive medical assistance that conforms to the requirements of Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), and the regulations promulgated pursuant to Title XIX. Medical assistance pursuant to this part may also be provided pursuant to any federal waiver received by the state that waives any or all of the provisions of Title XIX or pursuant to any other applicable federal law to the extent adopted by means of an amendment to the required Title XIX state plan. (b) (1) Except as may be required by federal law or regulation, it is hereby declared to be the public policy of the state of Tennessee that participation in the TennCare program, or its successor programs, is not an entitlement and is conditional upon, among other things, specific appropriations for the program. (2) Not less than annually, the governor shall recommend and the general assembly may, through provisions of the general appropriations act, prioritize the funding for the TennCare program in a manner that specifies that funds are available to: (A) Continue coverage for enrollees currently in the program; (B) Extend coverage to potential new enrollees, or categories of new enrollees, at current, higher or lower income levels; (C) Withdraw coverage from all enrollees not eligible for medicaid; or (D) Reimburse medical care providers for costs unreimbursed by managed care organizations out of state funds appropriated for that purpose or such federal funds as would be permitted to be used for that purpose under the terms of the TennCare waiver. (c) Continuation, extension and withdrawal of coverage for enrollees in the TennCare program shall be determined in accordance with such priorities, if any, established by the general assembly in the general appropriations act. (d) The bureau of TennCare shall have the authority to develop and implement initiatives or program modifications to control the costs of the TennCare program to the extent permitted under federal law and the TennCare waiver. Such cost-saving measures may include, but are not limited to, the elimination of covered benefits or limitations on the scope, intensity, or duration of such benefits; implementation of cost sharing requirements for enrollees, including the medicaid population; increases in cost sharing requirements for the expansion population; enforcement of cost sharing requirements through denial of service for failure to meet co-payment requirements with alternative access to medically necessary care through established safety net providers; enforcement of collection of required co-payments by providers; reassignment of enrollees into different eligibility categories; restrictions on eligibility for non-mandatory medicaid or waiver expansion categories; and the elimination from TennCare eligibility of some or all of the non-mandatory medicaid or waiver expansion categories. The bureau of TennCare may implement a premium-assistance initiative for persons disenrolled from TennCare. The bureau of TennCare shall also be authorized, in establishing or modifying benefits or cost sharing requirements, to define, through rules and regulations, categories of eligible enrollees who may be exempted from some or all benefit limits or cost sharing requirements, along with any requirements that must be met by such enrollees to prove or maintain exempted status. The bureau of TennCare shall have all such authority to control costs notwithstanding any other state law to the contrary. Acts 1968, ch. 551, § 2; 1973, ch. 276, § 1; T.C.A., § 14-1902; Acts 1982, ch. 730, § 1; T.C.A., § 14-23-102; Acts 1993, ch. 358, § 1; 2002, ch. 880, § 3; 2004, ch. 673, § 1.
(a) The purpose of this part is to make possible medical assistance to those recipients determined to be eligible under this chapter to receive medical assistance that conforms to the requirements of Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), and the regulations promulgated pursuant to Title XIX. Medical assistance pursuant to this part may also be provided pursuant to any federal waiver received by the state that waives any or all of the provisions of Title XIX or pursuant to any other applicable federal law to the extent adopted by means of an amendment to the required Title XIX state plan.
(b) (1) Except as may be required by federal law or regulation, it is hereby declared to be the public policy of the state of Tennessee that participation in the TennCare program, or its successor programs, is not an entitlement and is conditional upon, among other things, specific appropriations for the program. (2) Not less than annually, the governor shall recommend and the general assembly may, through provisions of the general appropriations act, prioritize the funding for the TennCare program in a manner that specifies that funds are available to: (A) Continue coverage for enrollees currently in the program; (B) Extend coverage to potential new enrollees, or categories of new enrollees, at current, higher or lower income levels; (C) Withdraw coverage from all enrollees not eligible for medicaid; or (D) Reimburse medical care providers for costs unreimbursed by managed care organizations out of state funds appropriated for that purpose or such federal funds as would be permitted to be used for that purpose under the terms of the TennCare waiver.
(1) Except as may be required by federal law or regulation, it is hereby declared to be the public policy of the state of Tennessee that participation in the TennCare program, or its successor programs, is not an entitlement and is conditional upon, among other things, specific appropriations for the program.
(2) Not less than annually, the governor shall recommend and the general assembly may, through provisions of the general appropriations act, prioritize the funding for the TennCare program in a manner that specifies that funds are available to: (A) Continue coverage for enrollees currently in the program; (B) Extend coverage to potential new enrollees, or categories of new enrollees, at current, higher or lower income levels; (C) Withdraw coverage from all enrollees not eligible for medicaid; or (D) Reimburse medical care providers for costs unreimbursed by managed care organizations out of state funds appropriated for that purpose or such federal funds as would be permitted to be used for that purpose under the terms of the TennCare waiver.
(A) Continue coverage for enrollees currently in the program;
(B) Extend coverage to potential new enrollees, or categories of new enrollees, at current, higher or lower income levels;
(C) Withdraw coverage from all enrollees not eligible for medicaid; or
(D) Reimburse medical care providers for costs unreimbursed by managed care organizations out of state funds appropriated for that purpose or such federal funds as would be permitted to be used for that purpose under the terms of the TennCare waiver.
(c) Continuation, extension and withdrawal of coverage for enrollees in the TennCare program shall be determined in accordance with such priorities, if any, established by the general assembly in the general appropriations act.
(d) The bureau of TennCare shall have the authority to develop and implement initiatives or program modifications to control the costs of the TennCare program to the extent permitted under federal law and the TennCare waiver. Such cost-saving measures may include, but are not limited to, the elimination of covered benefits or limitations on the scope, intensity, or duration of such benefits; implementation of cost sharing requirements for enrollees, including the medicaid population; increases in cost sharing requirements for the expansion population; enforcement of cost sharing requirements through denial of service for failure to meet co-payment requirements with alternative access to medically necessary care through established safety net providers; enforcement of collection of required co-payments by providers; reassignment of enrollees into different eligibility categories; restrictions on eligibility for non-mandatory medicaid or waiver expansion categories; and the elimination from TennCare eligibility of some or all of the non-mandatory medicaid or waiver expansion categories. The bureau of TennCare may implement a premium-assistance initiative for persons disenrolled from TennCare. The bureau of TennCare shall also be authorized, in establishing or modifying benefits or cost sharing requirements, to define, through rules and regulations, categories of eligible enrollees who may be exempted from some or all benefit limits or cost sharing requirements, along with any requirements that must be met by such enrollees to prove or maintain exempted status. The bureau of TennCare shall have all such authority to control costs notwithstanding any other state law to the contrary.
Acts 1968, ch. 551, § 2; 1973, ch. 276, § 1; T.C.A., § 14-1902; Acts 1982, ch. 730, § 1; T.C.A., § 14-23-102; Acts 1993, ch. 358, § 1; 2002, ch. 880, § 3; 2004, ch. 673, § 1.
Tenn. Code Ann. § 71-5-146 — TN Code / Title 71 / Chapter 5 / Section 71-5-146
Pharmacy lock-in program
Status: in_force

On and after July 1, 2004, the bureau of TennCare, through its authority to promulgate rules and regulations, may implement and maintain a pharmacy lock-in program designed to address member abuse, over utilization and quality of care concerns for TennCare enrollees. Acts 2004, ch. 673, § 28.
On and after July 1, 2004, the bureau of TennCare, through its authority to promulgate rules and regulations, may implement and maintain a pharmacy lock-in program designed to address member abuse, over utilization and quality of care concerns for TennCare enrollees.
Acts 2004, ch. 673, § 28.
Tenn. Code Ann. § 71-2-116 — TN Code / Title 71 / Chapter 2 / Section 71-2-116
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 466, s 15, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 561, s 3, eff. 3/19/2020. Acts 2018 , ch. 955, § 2.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 466, s 15, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 561, s 3, eff. 3/19/2020.
Acts 2018 , ch. 955, § 2.
Tenn. Code Ann. § 71-5-2503 — TN Code / Title 71 / Chapter 5 / Section 71-5-2503
Part definitions
Status: in_force

As used in this part and part 26 unless the context otherwise requires: (1) "Abuse" shall be given the same meaning as currently exists in federal regulations located at 42 CFR 455.2 , with the following exceptions: (A) It shall also apply to practices by vendors or other persons or entities; and (B) It shall also apply to the TennCare program; (2) "Applicant" means any person who has applied for benefits under part 1 of this chapter; (3) "Benefits" means the health care package of services available to TennCare enrollees; (4) "Claim" includes any request or demand for money, property, or services made to any employee, officer, or agent of the state, or to any contractor, grantee, or other recipient of state funds, whether under contract or not, if any portion of the money, property, or services requested or demanded issued from, or was provided by, TennCare; (5) "CMS" (centers for medicare and medicaid services), means the agency within the United States department of health and human services that is responsible for administering Title XVIII ( 42 U.S.C. § 1395 et seq.), Title XIX ( 42 U.S.C. § 1396 et seq.), and Title XXI ( 42 U.S.C. § 1397aa ), of the Social Security Act; (6) "Commissioner" means the commissioner of finance and administration; (7) "Department" means the department of finance and administration; (8) "Enrollee" means an individual eligible for and enrolled in the TennCare program or in any successor medicaid program in Tennessee; (9) "Fraud" means an intentional deception or misrepresentation made by a person including, but not limited to, a vendor, recipient, provider, or enrollee, with the knowledge that the deception or misrepresentation could result in some unauthorized benefit or payment to oneself or some other person. It includes any act that constitutes fraud under applicable federal or state law including, but not limited to, the Tennessee Medicaid False Claims Act, compiled in §§ 71-5-181 - 71-5-185; (10) "Inspector general" means the person who directs the office of inspector general, who shall report directly to the commissioner of finance and administration; (11) "Medical assistance" means payment of the cost of care, services and supplies necessary to prevent, diagnose, correct or cure conditions in the person that cause acute suffering, endanger life, result in illness or infirmity, interfere with the person's capacity for normal activity, or threaten some significant disability and which are furnished an eligible person in accordance with the rules, regulations, and statutes governing TennCare. Such care, services and supplies includes services of qualified practitioners licensed under the laws of this state; (12) "MFCU" means the medicaid fraud control unit; (13) "Provider" means an institution, facility, agency, person, corporation, partnership, unincorporated organization, nonprofit organization or any person or entity directly or indirectly providing benefits, goods or services to a TennCare enrollee. Provider also means a provider's agent, contractor or subcontractor, such as a billing agent; (14) "Recipient" means any person who has been determined eligible to receive benefits under part 1 of this chapter, and who has received such benefits; (15) "TennCare" means the program administered by the single state agency, as designated by the state and CMS, pursuant to Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), and the Section 1115 research and demonstration waiver granted to the state of Tennessee and any successor programs; and (16) "Vendor" means any person, institution, agency, other entity or business concern providing services or goods authorized under chapter 5, part 1 of this title, and includes, but is not limited to, any health maintenance organization, managed care organization, managed care contractor, administrative services organization, pharmacy benefit manager, prepaid limited health service organization, contractor or subcontractor. Acts 2004, ch. 673, § 20; 2005, ch. 474, §§ 8, 16 - 18; 2011, ch. 47, § 106.
As used in this part and part 26 unless the context otherwise requires:
(1) "Abuse" shall be given the same meaning as currently exists in federal regulations located at 42 CFR 455.2 , with the following exceptions: (A) It shall also apply to practices by vendors or other persons or entities; and (B) It shall also apply to the TennCare program;
(A) It shall also apply to practices by vendors or other persons or entities; and
(B) It shall also apply to the TennCare program;
(2) "Applicant" means any person who has applied for benefits under part 1 of this chapter;
(3) "Benefits" means the health care package of services available to TennCare enrollees;
(4) "Claim" includes any request or demand for money, property, or services made to any employee, officer, or agent of the state, or to any contractor, grantee, or other recipient of state funds, whether under contract or not, if any portion of the money, property, or services requested or demanded issued from, or was provided by, TennCare;
(5) "CMS" (centers for medicare and medicaid services), means the agency within the United States department of health and human services that is responsible for administering Title XVIII ( 42 U.S.C. § 1395 et seq.), Title XIX ( 42 U.S.C. § 1396 et seq.), and Title XXI ( 42 U.S.C. § 1397aa ), of the Social Security Act;
(6) "Commissioner" means the commissioner of finance and administration;
(7) "Department" means the department of finance and administration;
(8) "Enrollee" means an individual eligible for and enrolled in the TennCare program or in any successor medicaid program in Tennessee;
(9) "Fraud" means an intentional deception or misrepresentation made by a person including, but not limited to, a vendor, recipient, provider, or enrollee, with the knowledge that the deception or misrepresentation could result in some unauthorized benefit or payment to oneself or some other person. It includes any act that constitutes fraud under applicable federal or state law including, but not limited to, the Tennessee Medicaid False Claims Act, compiled in §§ 71-5-181 - 71-5-185;
(10) "Inspector general" means the person who directs the office of inspector general, who shall report directly to the commissioner of finance and administration;
(11) "Medical assistance" means payment of the cost of care, services and supplies necessary to prevent, diagnose, correct or cure conditions in the person that cause acute suffering, endanger life, result in illness or infirmity, interfere with the person's capacity for normal activity, or threaten some significant disability and which are furnished an eligible person in accordance with the rules, regulations, and statutes governing TennCare. Such care, services and supplies includes services of qualified practitioners licensed under the laws of this state;
(12) "MFCU" means the medicaid fraud control unit;
(13) "Provider" means an institution, facility, agency, person, corporation, partnership, unincorporated organization, nonprofit organization or any person or entity directly or indirectly providing benefits, goods or services to a TennCare enrollee. Provider also means a provider's agent, contractor or subcontractor, such as a billing agent;
(14) "Recipient" means any person who has been determined eligible to receive benefits under part 1 of this chapter, and who has received such benefits;
(15) "TennCare" means the program administered by the single state agency, as designated by the state and CMS, pursuant to Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), and the Section 1115 research and demonstration waiver granted to the state of Tennessee and any successor programs; and
(16) "Vendor" means any person, institution, agency, other entity or business concern providing services or goods authorized under chapter 5, part 1 of this title, and includes, but is not limited to, any health maintenance organization, managed care organization, managed care contractor, administrative services organization, pharmacy benefit manager, prepaid limited health service organization, contractor or subcontractor.
Acts 2004, ch. 673, § 20; 2005, ch. 474, §§ 8, 16 - 18; 2011, ch. 47, § 106.
Tenn. Code Ann. § 71-4-702 — TN Code / Title 71 / Chapter 4 / Section 71-4-702
Part definitions
Status: in_force

As used in this part: (1) "Central nonprofit agency" means the agency designated by the committee to facilitate, by subcontract or other means, the fulfillment of orders from governmental entities for commodities and services and to assist the committee in administering the program described under this part; (2) "Certified commodities or services" means: (A) Commodities and services that have been recommended by the central nonprofit agency as suitable for procurement by any state governmental entity or as suitable for statewide contracts and that are certified pursuant to procedures approved by the state procurement commission as to quality, availability, and fair market price; and (B) Commodities and services that have been recommended by the central nonprofit agency as suitable for procurement by political subdivisions and that are certified by the chief financial officer of the political subdivisions as to quality, availability, and fair market price; (3) "Committee" means the advisory committee for providing competitive integrated employment for individuals with severe disabilities, created by § 71-4-703 ; (4) "Competitive integrated employment" means employment available to individuals with severe disabilities or a customized employment available to individuals with severe disabilities, at a setting typically found in the community, at minimum wage or greater with the same benefits as nondisabled employees receive, in which eligible individuals interact with nondisabled individuals, other than nondisabled individuals who are providing services to those eligible individuals, to the same extent that nondisabled individuals in comparable positions interact with other persons; (5) "Governmental entity" means a state governmental entity or a political subdivision; (6) "Individuals with severe disabilities" means individuals who have a physical or mental impairment that substantially limits major life activities; (7) "Political subdivision" means any local governmental entity, including, but not limited to, any city, town, municipality, metropolitan government, county, utility district, school district, public building authority, housing authority, emergency communications district, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more local governmental entities; (8) "Production of commodities" means packaging, assembly, distribution, or other manufacturing processes; and (9) "State governmental entity" means any agency, authority, board, commission, department, or office within the executive, legislative, or judicial branches of state government, or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education. Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020. Amended by 2014 Tenn. Acts, ch. 739, s 1, eff. 7/1/2014. Acts 1991, ch. 499, § 1; 1996, ch. 827, §§ 2-6, 13; 2002, ch. 526, § 7; 2011 , ch. 295, §§ 16, 19.
As used in this part:
(1) "Central nonprofit agency" means the agency designated by the committee to facilitate, by subcontract or other means, the fulfillment of orders from governmental entities for commodities and services and to assist the committee in administering the program described under this part;
(2) "Certified commodities or services" means: (A) Commodities and services that have been recommended by the central nonprofit agency as suitable for procurement by any state governmental entity or as suitable for statewide contracts and that are certified pursuant to procedures approved by the state procurement commission as to quality, availability, and fair market price; and (B) Commodities and services that have been recommended by the central nonprofit agency as suitable for procurement by political subdivisions and that are certified by the chief financial officer of the political subdivisions as to quality, availability, and fair market price;
(A) Commodities and services that have been recommended by the central nonprofit agency as suitable for procurement by any state governmental entity or as suitable for statewide contracts and that are certified pursuant to procedures approved by the state procurement commission as to quality, availability, and fair market price; and
(B) Commodities and services that have been recommended by the central nonprofit agency as suitable for procurement by political subdivisions and that are certified by the chief financial officer of the political subdivisions as to quality, availability, and fair market price;
(3) "Committee" means the advisory committee for providing competitive integrated employment for individuals with severe disabilities, created by § 71-4-703 ;
(4) "Competitive integrated employment" means employment available to individuals with severe disabilities or a customized employment available to individuals with severe disabilities, at a setting typically found in the community, at minimum wage or greater with the same benefits as nondisabled employees receive, in which eligible individuals interact with nondisabled individuals, other than nondisabled individuals who are providing services to those eligible individuals, to the same extent that nondisabled individuals in comparable positions interact with other persons;
(5) "Governmental entity" means a state governmental entity or a political subdivision;
(6) "Individuals with severe disabilities" means individuals who have a physical or mental impairment that substantially limits major life activities;
(7) "Political subdivision" means any local governmental entity, including, but not limited to, any city, town, municipality, metropolitan government, county, utility district, school district, public building authority, housing authority, emergency communications district, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more local governmental entities;
(8) "Production of commodities" means packaging, assembly, distribution, or other manufacturing processes; and
(9) "State governmental entity" means any agency, authority, board, commission, department, or office within the executive, legislative, or judicial branches of state government, or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education.
Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020.
Amended by 2014 Tenn. Acts, ch. 739, s 1, eff. 7/1/2014.
Acts 1991, ch. 499, § 1; 1996, ch. 827, §§ 2-6, 13; 2002, ch. 526, § 7; 2011 , ch. 295, §§ 16, 19.
Tenn. Code Ann. § 71-2-201 — TN Code / Title 71 / Chapter 2 / Section 71-2-201
Short title
Status: in_force

This part may be cited as the "Old-Age Assistance Law." Acts 1937, ch. 49, § 20; C. Supp. 1950, § 4765.17 (Williams, § 4765.34); T.C.A. (orig. ed.), §§ 14-201, 14-2-101.
This part may be cited as the "Old-Age Assistance Law."
Acts 1937, ch. 49, § 20; C. Supp. 1950, § 4765.17 (Williams, § 4765.34); T.C.A. (orig. ed.), §§ 14-201, 14-2-101.
Tenn. Code Ann. § 71-3-607 — TN Code / Title 71 / Chapter 3 / Section 71-3-607
Control of orphans and foundlings
Status: in_force

In all cases in which orphans or foundling children are placed in any of the orphan homes, whether voluntarily by their parent or parents or guardian or by the order of some competent court or other authority, or whether they come into the care and custody of any such institution as foundlings, the managing board shall have the right to retain the custody of such children until the children are eighteen (18) years of age; provided, that § 71-3-609 applies; and provided further, that such institutions may, within such homes or asylums, provide for such children, or may so provide for them in homes of suitable families outside of such institutions. Acts 1891, ch. 117, § 1; Shan., § 4353; Code 1932, § 4582; T.C.A. (orig. ed.), §§ 14-1207, 14-11-107.
In all cases in which orphans or foundling children are placed in any of the orphan homes, whether voluntarily by their parent or parents or guardian or by the order of some competent court or other authority, or whether they come into the care and custody of any such institution as foundlings, the managing board shall have the right to retain the custody of such children until the children are eighteen (18) years of age; provided, that § 71-3-609 applies; and provided further, that such institutions may, within such homes or asylums, provide for such children, or may so provide for them in homes of suitable families outside of such institutions.
Acts 1891, ch. 117, § 1; Shan., § 4353; Code 1932, § 4582; T.C.A. (orig. ed.), §§ 14-1207, 14-11-107.
Tenn. Code Ann. § 71-5-103 — TN Code / Title 71 / Chapter 5 / Section 71-5-103
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Adult behavioral health services for the seriously and persistently mentally ill" means behavioral health services for individuals nineteen (19) years of age and older, including, but not limited to, assessment, evaluation, diagnostic, therapeutic intervention, case management, psychiatric medication management, labs related to medication management and pharmacy assistance and coordination; (2) "Adult emergency dental services" means dental services for individuals twenty-one (21) years of age and older to treat a dental condition that manifests itself by symptoms of sufficient severity, including severe pain, infection or trauma, that: (A) A prudent layperson who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate dental attention to potentially result in: (i) Placing the person's, or with respect to a pregnant woman, her unborn child's, health in jeopardy; (ii) Serious impairment of bodily functions; (iii) Serious dysfunction of any bodily organ or part; or (B) Includes treatment of dental condition necessary for an individual to receive essential medical treatment, including, but not limited to, extraction of abscessed or periodontally involved teeth prior to an individual receiving a prosthetic heart valve, a donor organ, other replacement prosthetic devices or head and neck radiation therapy; (3) "Applicant" means any person who has applied for benefits under this part; (4) "County office" means the county office of the state department of human services in the county wherein the applicant resides; (5) "Department" means the department of health; (6) "Home-based and community-based services" means any of the following supportive services and systems, as approved by the health care financing administration (HCFA), that are provided to older persons and individuals with disabilities to remain independent and avoid inappropriate institutionalization and that help individuals maintain physical, social, and spiritual independence in the least restrictive environment: (A) Living environments and supportive services, e.g., assisted care living facilities, homes for the aged and assistive technology; (B) Personal care, homemaker and chore services; (C) Adult day services; (D) Congregate and home delivered meals; (E) Home care organizations; (F) Rehabilitative care; (G) Assisted transportation or mobility services; and (H) Support services to caregivers, including hospice and respite care; (7) "Medical assistance" means payment of the cost of care, services and supplies necessary to prevent, diagnose, correct or cure conditions in the person that cause acute suffering, endanger life, result in illness or infirmity, interfere with the person's capacity for normal activity, or threaten some significant handicap and that are furnished an eligible person in accordance with this part and the rules and regulations of the department. Such care, services and supplies include services of qualified practitioners licensed under the laws of this state; (8) "Medically needy" means a class or classes of persons whose present income and financial assets are not sufficient to meet their present liabilities for health costs; provided, that the department of health or the department of human services, as may be designated by the governor, may through regulation establish an income limitation as well as other criteria, such as cash, savings, intangible assets and real and personal property for the determination of "medically needy." To the extent of any federal waiver received by the state that waives any or all of the provisions of Title XIX ( 42 U.S.C. § 1396 et seq.), or pursuant to any other federal law as adopted by amendment to the required Title XIX state plan, "medically needy" means those persons whose income and assets are insufficient to purchase health insurance and those persons who are uninsurable as a result of an existing or prior medical condition; (9) "Mobile dental services" means an intact comprehensive dental services unit operated on-site at a long-term care facility, interfacing with the facility's common electrical and water sources; (10) "Recipient" means any person who has been determined eligible to receive benefits under this part and who has received such benefits; (11) "Resident" means any individual who is living within the state, with the intent that such person's permanent home be within the state, and not temporarily. Temporary absences from the state shall not cause a person to lose residential status; (12) "Responsible parties" means the following representatives and relatives of recipients of medical assistance pursuant to this part who are not financially eligible to receive benefits under this part: parents, spouses, children, and guardians; (13) "Title XIX" means Title XIX of the Social Security Act as amended (P.L. 89-97) ( 42 U.S.C. § 1396 et seq.), administered by the United States department of health and human services or its successor in office and including amendments of Title XIX and other federal social security laws replacing that title in whole or in part; and (14) "Vendor" means any person, institution, agency, or business concern providing medical care services or goods authorized under this part, holding, where applicable, a current valid license to provide such services or to dispense such goods; or any health maintenance organization, as defined in title 56, chapter 32, with which the state has entered into a contract based on a per capita rate of payment for services provided under this part. Acts 1968, ch. 551, § 3; 1973, ch. 276, § 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); Acts 1979, ch. 177, § 2; T.C.A., § 14-1903; Acts 1981, ch. 286, § 1; 1982, ch. 730, §§ 2, 3; T.C.A., § 14-23-103; Acts 1993, ch. 358, § 2; 1998, ch. 1093, § 3; 2002, ch. 717, § 1; 2008 , ch. 1064, § 1; 2009 , ch. 95, § 1.
As used in this part, unless the context otherwise requires:
(1) "Adult behavioral health services for the seriously and persistently mentally ill" means behavioral health services for individuals nineteen (19) years of age and older, including, but not limited to, assessment, evaluation, diagnostic, therapeutic intervention, case management, psychiatric medication management, labs related to medication management and pharmacy assistance and coordination;
(2) "Adult emergency dental services" means dental services for individuals twenty-one (21) years of age and older to treat a dental condition that manifests itself by symptoms of sufficient severity, including severe pain, infection or trauma, that: (A) A prudent layperson who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate dental attention to potentially result in: (i) Placing the person's, or with respect to a pregnant woman, her unborn child's, health in jeopardy; (ii) Serious impairment of bodily functions; (iii) Serious dysfunction of any bodily organ or part; or (B) Includes treatment of dental condition necessary for an individual to receive essential medical treatment, including, but not limited to, extraction of abscessed or periodontally involved teeth prior to an individual receiving a prosthetic heart valve, a donor organ, other replacement prosthetic devices or head and neck radiation therapy;
(A) A prudent layperson who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate dental attention to potentially result in: (i) Placing the person's, or with respect to a pregnant woman, her unborn child's, health in jeopardy; (ii) Serious impairment of bodily functions; (iii) Serious dysfunction of any bodily organ or part; or
(i) Placing the person's, or with respect to a pregnant woman, her unborn child's, health in jeopardy;
(ii) Serious impairment of bodily functions;
(iii) Serious dysfunction of any bodily organ or part; or
(B) Includes treatment of dental condition necessary for an individual to receive essential medical treatment, including, but not limited to, extraction of abscessed or periodontally involved teeth prior to an individual receiving a prosthetic heart valve, a donor organ, other replacement prosthetic devices or head and neck radiation therapy;
(3) "Applicant" means any person who has applied for benefits under this part;
(4) "County office" means the county office of the state department of human services in the county wherein the applicant resides;
(5) "Department" means the department of health;
(6) "Home-based and community-based services" means any of the following supportive services and systems, as approved by the health care financing administration (HCFA), that are provided to older persons and individuals with disabilities to remain independent and avoid inappropriate institutionalization and that help individuals maintain physical, social, and spiritual independence in the least restrictive environment: (A) Living environments and supportive services, e.g., assisted care living facilities, homes for the aged and assistive technology; (B) Personal care, homemaker and chore services; (C) Adult day services; (D) Congregate and home delivered meals; (E) Home care organizations; (F) Rehabilitative care; (G) Assisted transportation or mobility services; and (H) Support services to caregivers, including hospice and respite care;
(A) Living environments and supportive services, e.g., assisted care living facilities, homes for the aged and assistive technology;
(B) Personal care, homemaker and chore services;
(C) Adult day services;
(D) Congregate and home delivered meals;
(E) Home care organizations;
(F) Rehabilitative care;
(G) Assisted transportation or mobility services; and
(H) Support services to caregivers, including hospice and respite care;
(7) "Medical assistance" means payment of the cost of care, services and supplies necessary to prevent, diagnose, correct or cure conditions in the person that cause acute suffering, endanger life, result in illness or infirmity, interfere with the person's capacity for normal activity, or threaten some significant handicap and that are furnished an eligible person in accordance with this part and the rules and regulations of the department. Such care, services and supplies include services of qualified practitioners licensed under the laws of this state;
(8) "Medically needy" means a class or classes of persons whose present income and financial assets are not sufficient to meet their present liabilities for health costs; provided, that the department of health or the department of human services, as may be designated by the governor, may through regulation establish an income limitation as well as other criteria, such as cash, savings, intangible assets and real and personal property for the determination of "medically needy." To the extent of any federal waiver received by the state that waives any or all of the provisions of Title XIX ( 42 U.S.C. § 1396 et seq.), or pursuant to any other federal law as adopted by amendment to the required Title XIX state plan, "medically needy" means those persons whose income and assets are insufficient to purchase health insurance and those persons who are uninsurable as a result of an existing or prior medical condition;
(9) "Mobile dental services" means an intact comprehensive dental services unit operated on-site at a long-term care facility, interfacing with the facility's common electrical and water sources;
(10) "Recipient" means any person who has been determined eligible to receive benefits under this part and who has received such benefits;
(11) "Resident" means any individual who is living within the state, with the intent that such person's permanent home be within the state, and not temporarily. Temporary absences from the state shall not cause a person to lose residential status;
(12) "Responsible parties" means the following representatives and relatives of recipients of medical assistance pursuant to this part who are not financially eligible to receive benefits under this part: parents, spouses, children, and guardians;
(13) "Title XIX" means Title XIX of the Social Security Act as amended (P.L. 89-97) ( 42 U.S.C. § 1396 et seq.), administered by the United States department of health and human services or its successor in office and including amendments of Title XIX and other federal social security laws replacing that title in whole or in part; and
(14) "Vendor" means any person, institution, agency, or business concern providing medical care services or goods authorized under this part, holding, where applicable, a current valid license to provide such services or to dispense such goods; or any health maintenance organization, as defined in title 56, chapter 32, with which the state has entered into a contract based on a per capita rate of payment for services provided under this part.
Acts 1968, ch. 551, § 3; 1973, ch. 276, § 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); Acts 1979, ch. 177, § 2; T.C.A., § 14-1903; Acts 1981, ch. 286, § 1; 1982, ch. 730, §§ 2, 3; T.C.A., § 14-23-103; Acts 1993, ch. 358, § 2; 1998, ch. 1093, § 3; 2002, ch. 717, § 1; 2008 , ch. 1064, § 1; 2009 , ch. 95, § 1.
Tenn. Code Ann. § 71-5-191 — TN Code / Title 71 / Chapter 5 / Section 71-5-191
Uniform TennCare claims process
Status: in_force

(a) (1) Not later than January 1, 2002, the commissioner of commerce and insurance, in consultation with the commissioner of health, shall develop and promulgate by rule a uniform TennCare claims process that contains standardized instructions for completing the form and creates standardized responses to questions and other information required on the form, for providers and managed care organizations participating in the TennCare program to use in the submission of claims by providers seeking payment. Each managed care organization, or its designee that participates in the TennCare program may participate in the development of such uniform claims process. The commissioner of commerce and insurance shall notify all such managed care organizations no less than ten (10) days prior to any and all meetings concerning the development of such claims process to enable such organizations to provide input on the development of such claims process. The uniform process shall require that managed care organizations participating in the TennCare program shall not deviate from the uniform process established by rule pursuant to this section, unless such deviation is specifically approved in writing by TennCare prior to any change being implemented that might result in a claim being rejected for payment. TennCare shall not approve any changes to standardized instructions that do not relate to using alternative codes to facilitate payment for delivered services. Compliance with this section shall be added as a component of the comptroller's annual audit. In addition, such managed care organizations shall be required to develop and implement procedures to ensure that health care providers are regularly informed and educated by the managed care organization regarding billing and claims processing procedures. (2) Any managed care organization that fails to comply with this section shall be subject to the penalties set forth in § 56-32-116 or, in the alternative, § 56-32-120 . (3) Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) If this section conflicts with any applicable federal waiver concerning medical assistance services delivered pursuant to chapter 5, part 1 of this title, then the commissioner of health is directed to seek an appropriate modification or amendment to such waiver to permit the implementation of this section. (c) This section shall be construed so as to be consistent with the terms of any applicable federal waiver for the provision of medical assistance. Acts 2001, ch. 209, § 1.
(a) (1) Not later than January 1, 2002, the commissioner of commerce and insurance, in consultation with the commissioner of health, shall develop and promulgate by rule a uniform TennCare claims process that contains standardized instructions for completing the form and creates standardized responses to questions and other information required on the form, for providers and managed care organizations participating in the TennCare program to use in the submission of claims by providers seeking payment. Each managed care organization, or its designee that participates in the TennCare program may participate in the development of such uniform claims process. The commissioner of commerce and insurance shall notify all such managed care organizations no less than ten (10) days prior to any and all meetings concerning the development of such claims process to enable such organizations to provide input on the development of such claims process. The uniform process shall require that managed care organizations participating in the TennCare program shall not deviate from the uniform process established by rule pursuant to this section, unless such deviation is specifically approved in writing by TennCare prior to any change being implemented that might result in a claim being rejected for payment. TennCare shall not approve any changes to standardized instructions that do not relate to using alternative codes to facilitate payment for delivered services. Compliance with this section shall be added as a component of the comptroller's annual audit. In addition, such managed care organizations shall be required to develop and implement procedures to ensure that health care providers are regularly informed and educated by the managed care organization regarding billing and claims processing procedures. (2) Any managed care organization that fails to comply with this section shall be subject to the penalties set forth in § 56-32-116 or, in the alternative, § 56-32-120 . (3) Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Not later than January 1, 2002, the commissioner of commerce and insurance, in consultation with the commissioner of health, shall develop and promulgate by rule a uniform TennCare claims process that contains standardized instructions for completing the form and creates standardized responses to questions and other information required on the form, for providers and managed care organizations participating in the TennCare program to use in the submission of claims by providers seeking payment. Each managed care organization, or its designee that participates in the TennCare program may participate in the development of such uniform claims process. The commissioner of commerce and insurance shall notify all such managed care organizations no less than ten (10) days prior to any and all meetings concerning the development of such claims process to enable such organizations to provide input on the development of such claims process. The uniform process shall require that managed care organizations participating in the TennCare program shall not deviate from the uniform process established by rule pursuant to this section, unless such deviation is specifically approved in writing by TennCare prior to any change being implemented that might result in a claim being rejected for payment. TennCare shall not approve any changes to standardized instructions that do not relate to using alternative codes to facilitate payment for delivered services. Compliance with this section shall be added as a component of the comptroller's annual audit. In addition, such managed care organizations shall be required to develop and implement procedures to ensure that health care providers are regularly informed and educated by the managed care organization regarding billing and claims processing procedures.
(2) Any managed care organization that fails to comply with this section shall be subject to the penalties set forth in § 56-32-116 or, in the alternative, § 56-32-120 .
(3) Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) If this section conflicts with any applicable federal waiver concerning medical assistance services delivered pursuant to chapter 5, part 1 of this title, then the commissioner of health is directed to seek an appropriate modification or amendment to such waiver to permit the implementation of this section.
(c) This section shall be construed so as to be consistent with the terms of any applicable federal waiver for the provision of medical assistance.
Acts 2001, ch. 209, § 1.
Tenn. Code Ann. § 71-5-1011 — TN Code / Title 71 / Chapter 5 / Section 71-5-1011
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 423,s 12, eff. 7/1/2019. Amended by 2015 Tenn. Acts, ch. 360,s 10, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 360,s 9, eff. 7/1/2015. Acts 2014, ch. 859, § 1.
Repealed by 2019 Tenn. Acts, ch. 423,s 12, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 360,s 10, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 360,s 9, eff. 7/1/2015.
Acts 2014, ch. 859, § 1.
Tenn. Code Ann. § 71-5-1501 — TN Code / Title 71 / Chapter 5 / Section 71-5-1501
Short title
Status: in_force

(a) This part shall be known and may be cited as the "Ground Ambulance Service Provider Assessment Act." (b) The intent of this part is to enhance EMS services and improve access to emergency medical pre-hospital care in this state. 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) This part shall be known and may be cited as the "Ground Ambulance Service Provider Assessment Act."
(b) The intent of this part is to enhance EMS services and improve access to emergency medical pre-hospital care in this state.
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. § 71-5-1409 — TN Code / Title 71 / Chapter 5 / Section 71-5-1409
Nursing facility transition initiative
Status: in_force

(a) The commissioner shall develop and implement a nursing facility transition initiative. (b) The commissioner shall specify in contractor risk agreements with contractors responsible for coordination of medicaid primary, acute and long-term care services requirements related to nursing facility-to-community transitions. (c) Contractor requirements shall include identification of nursing facility residents who may be appropriate for transition to home and community-based settings, as well as assessment and care plan development by a qualified entity. The contractor shall plan and facilitate those transitions in a timely manner. Contractors shall be permitted to coordinate or subcontract with local community-based organizations to assist in the identification, planning and facilitation processes, and may offer, as a cost-effective alternative to continued institutional care, a per-person transition cost allowance not to exceed two thousand dollars ($2,000) for items such as, but not limited to, first month's rent, rent deposits, utility deposits, kitchen appliances, furniture and basic household items. (d) It is the legislative intent of this section to provide more opportunities for home and community-based services for the at-risk population, subject to the availability of funding in each year's appropriations bill. Acts 2008, ch. 1190, § 10.
(a) The commissioner shall develop and implement a nursing facility transition initiative.
(b) The commissioner shall specify in contractor risk agreements with contractors responsible for coordination of medicaid primary, acute and long-term care services requirements related to nursing facility-to-community transitions.
(c) Contractor requirements shall include identification of nursing facility residents who may be appropriate for transition to home and community-based settings, as well as assessment and care plan development by a qualified entity. The contractor shall plan and facilitate those transitions in a timely manner. Contractors shall be permitted to coordinate or subcontract with local community-based organizations to assist in the identification, planning and facilitation processes, and may offer, as a cost-effective alternative to continued institutional care, a per-person transition cost allowance not to exceed two thousand dollars ($2,000) for items such as, but not limited to, first month's rent, rent deposits, utility deposits, kitchen appliances, furniture and basic household items.
(d) It is the legislative intent of this section to provide more opportunities for home and community-based services for the at-risk population, subject to the availability of funding in each year's appropriations bill.
Acts 2008, ch. 1190, § 10.