Tenn. Code Ann. § 71-3-124 — TN Code / Title 71 / Chapter 3 / Section 71-3-124
Assignment of support rights to state - Enforcement and collection of rights - Collection service fee - Attorneys - Caretaker relative eligibility - Standing to petition
Status: in_force

(a) (1) Each applicant or recipient who receives or authorizes payment of public or temporary assistance pursuant to Title IV-A or IV-E of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 670 et seq.), respectively, or any successor program providing temporary assistance or foster care or adoption assistance shall be deemed to have assigned to the state any rights to support from any other person such applicant or recipient may have: (A) In the applicant's own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid; and (B) That have accrued at the time such assignment is executed. (2) Each payment shall constitute "receipt" for purposes of determining when the assignment is executed. (3) During the terms of such assignment, the department shall be subrogated to the rights of the child or children or the person having custody to collect and receive all child support payments. (4) The department has the right to initiate any support action in its own name or in the name of the recipient under existing laws of this state and to recover any payments ordered by the courts of this or any other state. (5) In the exercise of its subrogation rights, the department shall give the person having custody prior notice of any action taken to enforce or modify support and shall inform the custodian of the right to intervene to protect any future interest; provided, that failure to provide such notice shall not be a defense to the obligor in any proceeding. (6) (A) Notwithstanding any law to the contrary, neither the department of human services, nor any Title IV-D child support contractor of the department, nor any recipient of public assistance in this or any other state or territory, shall be required to demonstrate to a court or administrative tribunal in this state that the caretaker of the child for whom child support is sought is vested with any more than physical custody of the child or children in order to have standing to petition for child support from the legal parent of the child or children for whom support is sought, or to seek enforcement or modification of any existing orders involving such child or children. (B) Legal custody of a child to whom a child support obligation is owed shall not be a prerequisite to the initiation of any support action or to the enforcement or modification of any support obligation, whether or not the obligation has been assigned to this state or any other state or territory by operation of law. (b) The department shall certify to the clerks of the appropriate state courts that an assignment of any and all rights, title and interest in support rights has been made to this state by a public assistance or temporary assistance recipient of this state. The department may also, in its discretion, certify to the clerk of the appropriate court in this state that a recipient of public assistance or temporary assistance in another state has assigned support rights to that state pursuant to federal law. Upon receipt of this certification, the clerks of the appropriate state courts shall transmit support payments that they receive on behalf of such public assistance or temporary assistance recipient. The clerk shall transmit the amount directly to the agency specified by the department in accordance with § 36-5-101 . The clerks are to identify these payments by the names of the parties involved in the cause of action and by the docket number of the cause of action. These support payments shall be transmitted to the department or the specified agency continuously until the department notifies the clerks of the appropriate state courts that it is no longer necessary to do so. The department shall send to each recipient notice of payments received in such recipient's behalf quarterly. (c) (1) Upon the filing of an application by an individual not otherwise eligible for support services under this section, the department may initiate support actions for an individual, in accordance with Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), as amended. (2) The department or any entity, public or private, that contracts with the department to establish paternity or to establish, modify or enforce child or spousal support pursuant to Title IV-D of the Social Security Act shall have authority and standing to file any legal actions to establish paternity or to establish, modify or enforce child or spousal support in any judicial or administrative proceeding on behalf of the department and the state for persons who have assigned rights of support to the department pursuant to this section, or who have otherwise applied for child or spousal support services pursuant to subdivision (c)(1) or Title IV-D of the Social Security Act. The department or its contractors may file such legal actions without the necessity of intervening in an existing action or naming the state as a party to the action. The department or its contractors shall not be required to provide proof that the obligor, the obligee or the child has applied for or is receiving Title IV-D child support services in order to meet the requirements for conducting Title IV-D child support judicial or administrative actions. (d) The provision of services under a child support enforcement program that includes services by an attorney or an attorney's representative employed by, under contract to, or representing the department shall not create an attorney-client relationship with any party other than the state. Attorneys employed by or under contract to the department shall have an affirmative duty to notify individuals applying for child support services or temporary assistance for needy families (TANF) recipients or recipients of any successor program providing temporary assistance whose rights to support have been assigned, who contact or are contacted by the attorney or other child support enforcement program staff that any legal services provided by the child support enforcement program are solely on behalf of the state, and that no incidents of the lawyer-client relationship, including the confidentiality of lawyer-client communications, exist between the attorney and the applicant or recipient. No such duty shall exist when the applicant for services is another governmental agency acting on behalf of an individual and there is no direct contact between the child support enforcement program and the individual seeking support. (e) (1) As a condition of eligibility for consideration of the caretaker relative in the request for assistance under the TANF program or any successor program providing temporary assistance, each applicant for or recipient of benefits under this program shall cooperate, unless good cause not to cooperate is shown to exist in accordance with 45 Code of Federal Regulations, Sections 232.40 through 232.49 as they may be amended, with the department and its Title IV-D contractors in: (A) Identifying and locating the parent of a child for whom aid is claimed; (B) Establishing the paternity of a child born out of wedlock for whom aid is claimed; (C) Obtaining support payments for the applicant or recipient and for a child for whom aid is claimed; and (D) Obtaining any other payments or property due the applicant or recipient of the child. (2) Cooperation with the department and its Title IV-D contractors shall be defined by the department in rules that are consistent with federal regulations. (3) If a caretaker relative fails to cooperate with the department or its Title IV-D contractors under subdivision (e)(1), the department shall, consistent with federal regulations, deny assistance to that caretaker relative of a child or children who are otherwise eligible for TANF or any successor program providing temporary assistance and it shall, consistent with federal regulations, provide assistance to the eligible child in the form of a protective payment, but such assistance will be determined without regard to the needs of the caretaker relative. (4) The commissioner shall promulgate rules to carry out this section. Acts 1977, ch. 110, § 1; T.C.A., § 14-324; Acts 1982, ch. 764, § 1; 1985, ch. 477, §§ 9, 10; 1986, ch. 890, § 15; T.C.A., § 14-8-124; Acts 1988, ch. 938, § 3; 1994, ch. 987, § 16; 1996, ch. 950, § 28; 1998, ch. 1098, § 68; 2000, ch. 922, § 38.
(a) (1) Each applicant or recipient who receives or authorizes payment of public or temporary assistance pursuant to Title IV-A or IV-E of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 670 et seq.), respectively, or any successor program providing temporary assistance or foster care or adoption assistance shall be deemed to have assigned to the state any rights to support from any other person such applicant or recipient may have: (A) In the applicant's own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid; and (B) That have accrued at the time such assignment is executed. (2) Each payment shall constitute "receipt" for purposes of determining when the assignment is executed. (3) During the terms of such assignment, the department shall be subrogated to the rights of the child or children or the person having custody to collect and receive all child support payments. (4) The department has the right to initiate any support action in its own name or in the name of the recipient under existing laws of this state and to recover any payments ordered by the courts of this or any other state. (5) In the exercise of its subrogation rights, the department shall give the person having custody prior notice of any action taken to enforce or modify support and shall inform the custodian of the right to intervene to protect any future interest; provided, that failure to provide such notice shall not be a defense to the obligor in any proceeding. (6) (A) Notwithstanding any law to the contrary, neither the department of human services, nor any Title IV-D child support contractor of the department, nor any recipient of public assistance in this or any other state or territory, shall be required to demonstrate to a court or administrative tribunal in this state that the caretaker of the child for whom child support is sought is vested with any more than physical custody of the child or children in order to have standing to petition for child support from the legal parent of the child or children for whom support is sought, or to seek enforcement or modification of any existing orders involving such child or children. (B) Legal custody of a child to whom a child support obligation is owed shall not be a prerequisite to the initiation of any support action or to the enforcement or modification of any support obligation, whether or not the obligation has been assigned to this state or any other state or territory by operation of law.
(1) Each applicant or recipient who receives or authorizes payment of public or temporary assistance pursuant to Title IV-A or IV-E of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 670 et seq.), respectively, or any successor program providing temporary assistance or foster care or adoption assistance shall be deemed to have assigned to the state any rights to support from any other person such applicant or recipient may have: (A) In the applicant's own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid; and (B) That have accrued at the time such assignment is executed.
(A) In the applicant's own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid; and
(B) That have accrued at the time such assignment is executed.
(2) Each payment shall constitute "receipt" for purposes of determining when the assignment is executed.
(3) During the terms of such assignment, the department shall be subrogated to the rights of the child or children or the person having custody to collect and receive all child support payments.
(4) The department has the right to initiate any support action in its own name or in the name of the recipient under existing laws of this state and to recover any payments ordered by the courts of this or any other state.
(5) In the exercise of its subrogation rights, the department shall give the person having custody prior notice of any action taken to enforce or modify support and shall inform the custodian of the right to intervene to protect any future interest; provided, that failure to provide such notice shall not be a defense to the obligor in any proceeding.
(6) (A) Notwithstanding any law to the contrary, neither the department of human services, nor any Title IV-D child support contractor of the department, nor any recipient of public assistance in this or any other state or territory, shall be required to demonstrate to a court or administrative tribunal in this state that the caretaker of the child for whom child support is sought is vested with any more than physical custody of the child or children in order to have standing to petition for child support from the legal parent of the child or children for whom support is sought, or to seek enforcement or modification of any existing orders involving such child or children. (B) Legal custody of a child to whom a child support obligation is owed shall not be a prerequisite to the initiation of any support action or to the enforcement or modification of any support obligation, whether or not the obligation has been assigned to this state or any other state or territory by operation of law.
(A) Notwithstanding any law to the contrary, neither the department of human services, nor any Title IV-D child support contractor of the department, nor any recipient of public assistance in this or any other state or territory, shall be required to demonstrate to a court or administrative tribunal in this state that the caretaker of the child for whom child support is sought is vested with any more than physical custody of the child or children in order to have standing to petition for child support from the legal parent of the child or children for whom support is sought, or to seek enforcement or modification of any existing orders involving such child or children.
(B) Legal custody of a child to whom a child support obligation is owed shall not be a prerequisite to the initiation of any support action or to the enforcement or modification of any support obligation, whether or not the obligation has been assigned to this state or any other state or territory by operation of law.
(b) The department shall certify to the clerks of the appropriate state courts that an assignment of any and all rights, title and interest in support rights has been made to this state by a public assistance or temporary assistance recipient of this state. The department may also, in its discretion, certify to the clerk of the appropriate court in this state that a recipient of public assistance or temporary assistance in another state has assigned support rights to that state pursuant to federal law. Upon receipt of this certification, the clerks of the appropriate state courts shall transmit support payments that they receive on behalf of such public assistance or temporary assistance recipient. The clerk shall transmit the amount directly to the agency specified by the department in accordance with § 36-5-101 . The clerks are to identify these payments by the names of the parties involved in the cause of action and by the docket number of the cause of action. These support payments shall be transmitted to the department or the specified agency continuously until the department notifies the clerks of the appropriate state courts that it is no longer necessary to do so. The department shall send to each recipient notice of payments received in such recipient's behalf quarterly.
(c) (1) Upon the filing of an application by an individual not otherwise eligible for support services under this section, the department may initiate support actions for an individual, in accordance with Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), as amended. (2) The department or any entity, public or private, that contracts with the department to establish paternity or to establish, modify or enforce child or spousal support pursuant to Title IV-D of the Social Security Act shall have authority and standing to file any legal actions to establish paternity or to establish, modify or enforce child or spousal support in any judicial or administrative proceeding on behalf of the department and the state for persons who have assigned rights of support to the department pursuant to this section, or who have otherwise applied for child or spousal support services pursuant to subdivision (c)(1) or Title IV-D of the Social Security Act. The department or its contractors may file such legal actions without the necessity of intervening in an existing action or naming the state as a party to the action. The department or its contractors shall not be required to provide proof that the obligor, the obligee or the child has applied for or is receiving Title IV-D child support services in order to meet the requirements for conducting Title IV-D child support judicial or administrative actions.
(1) Upon the filing of an application by an individual not otherwise eligible for support services under this section, the department may initiate support actions for an individual, in accordance with Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), as amended.
(2) The department or any entity, public or private, that contracts with the department to establish paternity or to establish, modify or enforce child or spousal support pursuant to Title IV-D of the Social Security Act shall have authority and standing to file any legal actions to establish paternity or to establish, modify or enforce child or spousal support in any judicial or administrative proceeding on behalf of the department and the state for persons who have assigned rights of support to the department pursuant to this section, or who have otherwise applied for child or spousal support services pursuant to subdivision (c)(1) or Title IV-D of the Social Security Act. The department or its contractors may file such legal actions without the necessity of intervening in an existing action or naming the state as a party to the action. The department or its contractors shall not be required to provide proof that the obligor, the obligee or the child has applied for or is receiving Title IV-D child support services in order to meet the requirements for conducting Title IV-D child support judicial or administrative actions.
(d) The provision of services under a child support enforcement program that includes services by an attorney or an attorney's representative employed by, under contract to, or representing the department shall not create an attorney-client relationship with any party other than the state. Attorneys employed by or under contract to the department shall have an affirmative duty to notify individuals applying for child support services or temporary assistance for needy families (TANF) recipients or recipients of any successor program providing temporary assistance whose rights to support have been assigned, who contact or are contacted by the attorney or other child support enforcement program staff that any legal services provided by the child support enforcement program are solely on behalf of the state, and that no incidents of the lawyer-client relationship, including the confidentiality of lawyer-client communications, exist between the attorney and the applicant or recipient. No such duty shall exist when the applicant for services is another governmental agency acting on behalf of an individual and there is no direct contact between the child support enforcement program and the individual seeking support.
(e) (1) As a condition of eligibility for consideration of the caretaker relative in the request for assistance under the TANF program or any successor program providing temporary assistance, each applicant for or recipient of benefits under this program shall cooperate, unless good cause not to cooperate is shown to exist in accordance with 45 Code of Federal Regulations, Sections 232.40 through 232.49 as they may be amended, with the department and its Title IV-D contractors in: (A) Identifying and locating the parent of a child for whom aid is claimed; (B) Establishing the paternity of a child born out of wedlock for whom aid is claimed; (C) Obtaining support payments for the applicant or recipient and for a child for whom aid is claimed; and (D) Obtaining any other payments or property due the applicant or recipient of the child. (2) Cooperation with the department and its Title IV-D contractors shall be defined by the department in rules that are consistent with federal regulations. (3) If a caretaker relative fails to cooperate with the department or its Title IV-D contractors under subdivision (e)(1), the department shall, consistent with federal regulations, deny assistance to that caretaker relative of a child or children who are otherwise eligible for TANF or any successor program providing temporary assistance and it shall, consistent with federal regulations, provide assistance to the eligible child in the form of a protective payment, but such assistance will be determined without regard to the needs of the caretaker relative. (4) The commissioner shall promulgate rules to carry out this section.
(1) As a condition of eligibility for consideration of the caretaker relative in the request for assistance under the TANF program or any successor program providing temporary assistance, each applicant for or recipient of benefits under this program shall cooperate, unless good cause not to cooperate is shown to exist in accordance with 45 Code of Federal Regulations, Sections 232.40 through 232.49 as they may be amended, with the department and its Title IV-D contractors in: (A) Identifying and locating the parent of a child for whom aid is claimed; (B) Establishing the paternity of a child born out of wedlock for whom aid is claimed; (C) Obtaining support payments for the applicant or recipient and for a child for whom aid is claimed; and (D) Obtaining any other payments or property due the applicant or recipient of the child.
(A) Identifying and locating the parent of a child for whom aid is claimed;
(B) Establishing the paternity of a child born out of wedlock for whom aid is claimed;
(C) Obtaining support payments for the applicant or recipient and for a child for whom aid is claimed; and
(D) Obtaining any other payments or property due the applicant or recipient of the child.
(2) Cooperation with the department and its Title IV-D contractors shall be defined by the department in rules that are consistent with federal regulations.
(3) If a caretaker relative fails to cooperate with the department or its Title IV-D contractors under subdivision (e)(1), the department shall, consistent with federal regulations, deny assistance to that caretaker relative of a child or children who are otherwise eligible for TANF or any successor program providing temporary assistance and it shall, consistent with federal regulations, provide assistance to the eligible child in the form of a protective payment, but such assistance will be determined without regard to the needs of the caretaker relative.
(4) The commissioner shall promulgate rules to carry out this section.
Acts 1977, ch. 110, § 1; T.C.A., § 14-324; Acts 1982, ch. 764, § 1; 1985, ch. 477, §§ 9, 10; 1986, ch. 890, § 15; T.C.A., § 14-8-124; Acts 1988, ch. 938, § 3; 1994, ch. 987, § 16; 1996, ch. 950, § 28; 1998, ch. 1098, § 68; 2000, ch. 922, § 38.
Tenn. Code Ann. § 71-5-307 — TN Code / Title 71 / Chapter 5 / Section 71-5-307
Method of applying for assistance
Status: in_force

An applicant for assistance under this part, or a person acting in an applicant's behalf, shall file the application in the county office in the county wherein the applicant resides and in which county a food stamp program is currently in operation, in such manner and form as shall be prescribed by the department. Acts 1971, ch. 136, § 7; T.C.A., §§ 14-2207, 14-27-107.
An applicant for assistance under this part, or a person acting in an applicant's behalf, shall file the application in the county office in the county wherein the applicant resides and in which county a food stamp program is currently in operation, in such manner and form as shall be prescribed by the department.
Acts 1971, ch. 136, § 7; T.C.A., §§ 14-2207, 14-27-107.
Tenn. Code Ann. § 71-6-105 — TN Code / Title 71 / Chapter 6 / Section 71-6-105
Reporting or investigating parties - Immunity from liability - Protection from job discrimination
Status: in_force

Any person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, shall be presumed to be acting in good faith and shall thereby be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or investigation. Any person making a report under this part shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report. Acts 1978, ch. 899, § 1; T.C.A., § 14-2605; Acts 1980, ch. 513, § 6; T.C.A., § 14-25-105.
Any person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, shall be presumed to be acting in good faith and shall thereby be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or investigation. Any person making a report under this part shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes a detrimental change in the employment status of the reporting party by reason of the report.
Acts 1978, ch. 899, § 1; T.C.A., § 14-2605; Acts 1980, ch. 513, § 6; T.C.A., § 14-25-105.
Tenn. Code Ann. § 71-3-1206 — TN Code / Title 71 / Chapter 3 / Section 71-3-1206
Confirmed positive drug test does not deem applicant handicapped or disabled
Status: in_force

An applicant whose drug test result is confirmed as positive in accordance with this part shall not, because of that result alone, be deemed to have a handicap or disability as defined under federal, state or local handicap and disability discrimination laws. Acts 2012, ch. 1079, § 7.
An applicant whose drug test result is confirmed as positive in accordance with this part shall not, because of that result alone, be deemed to have a handicap or disability as defined under federal, state or local handicap and disability discrimination laws.
Acts 2012, ch. 1079, § 7.
Tenn. Code Ann. § 71-5-1408 — TN Code / Title 71 / Chapter 5 / Section 71-5-1408
Strategies to encourage utilization of cost-effective home and community-based services - Requirements related to nursing facility diversion
Status: in_force

(a) The commissioner shall develop and implement strategies to encourage the utilization of cost-effective home and community-based services in lieu of institutional placement. (b) The commissioner shall specify in contractor risk agreements with integrated long-term care contractors requirements related to nursing facility diversion. The requirements may include, but are not limited to, the following: (1) Documentation prior to approval of nursing facility admission that an individual and the individual's family or other caregivers have been advised of home and community-based alternatives and that the alternatives are not appropriate, cost-effective or desired; and (2) A requirement for care coordinators to work with hospital discharge planners and to provide face-to-face visits in nursing facilities within a minimum number of days following admission to develop a plan, as appropriate, for transition back to a home or community-based setting. Acts 2008 , ch. 1190, § 9.
(a) The commissioner shall develop and implement strategies to encourage the utilization of cost-effective home and community-based services in lieu of institutional placement.
(b) The commissioner shall specify in contractor risk agreements with integrated long-term care contractors requirements related to nursing facility diversion. The requirements may include, but are not limited to, the following: (1) Documentation prior to approval of nursing facility admission that an individual and the individual's family or other caregivers have been advised of home and community-based alternatives and that the alternatives are not appropriate, cost-effective or desired; and (2) A requirement for care coordinators to work with hospital discharge planners and to provide face-to-face visits in nursing facilities within a minimum number of days following admission to develop a plan, as appropriate, for transition back to a home or community-based setting.
(1) Documentation prior to approval of nursing facility admission that an individual and the individual's family or other caregivers have been advised of home and community-based alternatives and that the alternatives are not appropriate, cost-effective or desired; and
(2) A requirement for care coordinators to work with hospital discharge planners and to provide face-to-face visits in nursing facilities within a minimum number of days following admission to develop a plan, as appropriate, for transition back to a home or community-based setting.
Acts 2008 , ch. 1190, § 9.
Tenn. Code Ann. § 71-3-1112 — TN Code / Title 71 / Chapter 3 / Section 71-3-1112
Obsolete
Status: in_force

Acts 2006, ch. 867, § 14(b).
Tenn. Code Ann. § 71-2-414 — TN Code / Title 71 / Chapter 2 / Section 71-2-414
Implementation
Status: in_force

It is the intent of the general assembly that this part, with the exception of the employment of one (1) employee to assist in the implementation of this part, be implemented within the existing resources of the department. Acts 1996, ch. 1058, § 20; T.C.A., § 71-2-416 ; Acts 2000, ch. 981, § 72.
It is the intent of the general assembly that this part, with the exception of the employment of one (1) employee to assist in the implementation of this part, be implemented within the existing resources of the department.
Acts 1996, ch. 1058, § 20; T.C.A., § 71-2-416 ; Acts 2000, ch. 981, § 72.
Tenn. Code Ann. § 71-5-188 — TN Code / Title 71 / Chapter 5 / Section 71-5-188
Actuarial study of TennCare
Status: in_force

(a) The comptroller of the treasury may conduct an annual actuarial study of the medical assistance program and any participating managed care organizations. The final study, and the oral and written comments, shall be reported to the finance, ways and means committees of the senate and the house of representatives, the office of legislative budget analysis and the fiscal review committee of the general assembly on or before April 15 of each year. (b) The study will include the state's assessment of the rates paid to its contracted managed care organizations and behavioral health organizations each year. Included in the analysis will be a review of payments for hospital providers for similar services for comparable populations in other state medicaid programs. The review will be considered in determining reasonable payment rates for hospital providers, including safety net hospitals providing essential and unduplicated services and sole community provider hospitals. (c) In addition, the study shall include an analysis of actual provider costs. This analysis will be used to determine reasonable costs for comparison with the provider assumptions used in the study. Information used to compile this study shall be public information. (d) Before reporting the final study to the committees of the general assembly, the comptroller of the treasury shall release a copy of the draft study to interested parties and hold a public hearing within thirty (30) days of release, in order to afford all interested persons or their representatives an opportunity to present facts, views or arguments relative to the draft study under consideration. The agency shall afford each interested person an opportunity to present facts, views or arguments in writing, whether or not the person had an opportunity to present them orally. Amended by 2021 Tenn. Acts, ch. 64, s 125, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 139, eff. 5/10/2019. Acts 1999, ch. 370, § 1; 2000, ch. 913, § 1; 2003 , ch. 389, § 1; 2006, ch. 820, §§ 1 - 3; 2010 , ch. 1030, § 20; 2011 , ch. 410, § 6 (c).
(a) The comptroller of the treasury may conduct an annual actuarial study of the medical assistance program and any participating managed care organizations. The final study, and the oral and written comments, shall be reported to the finance, ways and means committees of the senate and the house of representatives, the office of legislative budget analysis and the fiscal review committee of the general assembly on or before April 15 of each year.
(b) The study will include the state's assessment of the rates paid to its contracted managed care organizations and behavioral health organizations each year. Included in the analysis will be a review of payments for hospital providers for similar services for comparable populations in other state medicaid programs. The review will be considered in determining reasonable payment rates for hospital providers, including safety net hospitals providing essential and unduplicated services and sole community provider hospitals.
(c) In addition, the study shall include an analysis of actual provider costs. This analysis will be used to determine reasonable costs for comparison with the provider assumptions used in the study. Information used to compile this study shall be public information.
(d) Before reporting the final study to the committees of the general assembly, the comptroller of the treasury shall release a copy of the draft study to interested parties and hold a public hearing within thirty (30) days of release, in order to afford all interested persons or their representatives an opportunity to present facts, views or arguments relative to the draft study under consideration. The agency shall afford each interested person an opportunity to present facts, views or arguments in writing, whether or not the person had an opportunity to present them orally.
Amended by 2021 Tenn. Acts, ch. 64, s 125, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 139, eff. 5/10/2019.
Acts 1999, ch. 370, § 1; 2000, ch. 913, § 1; 2003 , ch. 389, § 1; 2006, ch. 820, §§ 1 - 3; 2010 , ch. 1030, § 20; 2011 , ch. 410, § 6 (c).
Tenn. Code Ann. § 71-5-302 — TN Code / Title 71 / Chapter 5 / Section 71-5-302
Purpose
Status: in_force

The purpose of this part is to provide for improved levels of nutrition among economically needy households through a cooperative federal-state program of food assistance to be operated in such counties of this state as may be certified by the department of human services and designated by the secretary of the United States department of agriculture, or its successor agency, to participate in the food stamp program in accordance with the requirements of Public Law 88-525 ( 7 U.S.C. § 2011 et seq.), and any amendments to that law or any other subsequently enacted federal statutes on the same subject. Acts 1971, ch. 136, § 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-2202, 14-27-102.
The purpose of this part is to provide for improved levels of nutrition among economically needy households through a cooperative federal-state program of food assistance to be operated in such counties of this state as may be certified by the department of human services and designated by the secretary of the United States department of agriculture, or its successor agency, to participate in the food stamp program in accordance with the requirements of Public Law 88-525 ( 7 U.S.C. § 2011 et seq.), and any amendments to that law or any other subsequently enacted federal statutes on the same subject.
Acts 1971, ch. 136, § 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-2202, 14-27-102.
Tenn. Code Ann. § 71-5-2007 — TN Code / Title 71 / Chapter 5 / Section 71-5-2007
[Expires on 7/1/2025] Audit of expenditure of funds from maintenance of coverage trust fund
Status: in_force

The comptroller of the treasury may audit the expenditure of funds pursuant to this part from the maintenance of coverage trust fund. At the discretion of the comptroller of the treasury, the audit may be prepared by a certified public accountant, a public accountant, or the department of audit. Notwithstanding § 71-5-2005 , the division and the maintenance of coverage trust fund must bear the full costs of the audit. 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. Added by 2023 Tenn. Acts, ch. 232, s 1, eff. 6/30/2023.
The comptroller of the treasury may audit the expenditure of funds pursuant to this part from the maintenance of coverage trust fund. At the discretion of the comptroller of the treasury, the audit may be prepared by a certified public accountant, a public accountant, or the department of audit. Notwithstanding § 71-5-2005 , the division and the maintenance of coverage trust fund must bear the full costs of the audit.
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. § 71-4-1208 — TN Code / Title 71 / Chapter 4 / Section 71-4-1208
Annual reports - Register of individuals
Status: in_force

The department of human services shall annually report to the governor and the general assembly on the progress made in the personal care assistance program and shall maintain a register of individuals served and individuals eligible for the program but unserved. Acts 1986, ch. 905, § 9; T.C.A., § 14-16-208.
The department of human services shall annually report to the governor and the general assembly on the progress made in the personal care assistance program and shall maintain a register of individuals served and individuals eligible for the program but unserved.
Acts 1986, ch. 905, § 9; T.C.A., § 14-16-208.
Tenn. Code Ann. § 71-5-2104 — TN Code / Title 71 / Chapter 5 / Section 71-5-2104
Appropriation of county funds
Status: in_force

The county legislative body may apply any county moneys in the treasury that it may deem proper to the use of the asylum. Code 1858, § 1605; Shan., § 2689; Code 1932, § 4806; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-804, 14-20-104.
The county legislative body may apply any county moneys in the treasury that it may deem proper to the use of the asylum.
Code 1858, § 1605; Shan., § 2689; Code 1932, § 4806; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-804, 14-20-104.
Tenn. Code Ann. § 71-2-114 — TN Code / Title 71 / Chapter 2 / Section 71-2-114
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Added by 2016 Tenn. Acts, ch. 1044, s 7, eff. 4/28/2016.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Added by 2016 Tenn. Acts, ch. 1044, s 7, eff. 4/28/2016.
Tenn. Code Ann. § 71-6-304 — TN Code / Title 71 / Chapter 6 / Section 71-6-304
Prerequisites to receiving funds
Status: in_force

To receive funds under this part, organizations shall: (1) Be incorporated as a not-for-profit corporation, and be tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ); and (2) Comply with §§ 37-1-403 and 37-1-605 by reporting cases of suspected child abuse and neglect or child sexual abuse to the department of children's services and comply with § 71-6-103 by reporting suspected cases of adult abuse, sexual abuse, neglect, or exploitation to the department of human services. Acts 2003 , ch. 304, § 2.
To receive funds under this part, organizations shall:
(1) Be incorporated as a not-for-profit corporation, and be tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ); and
(2) Comply with §§ 37-1-403 and 37-1-605 by reporting cases of suspected child abuse and neglect or child sexual abuse to the department of children's services and comply with § 71-6-103 by reporting suspected cases of adult abuse, sexual abuse, neglect, or exploitation to the department of human services.
Acts 2003 , ch. 304, § 2.
Tenn. Code Ann. § 71-2-212 — TN Code / Title 71 / Chapter 2 / Section 71-2-212
Amendment of part
Status: in_force

All assistance granted under this part shall be deemed to be granted and to be held subject to any amending or repealing statute that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of such recipient's assistance being affected in any way by any amendment or repealing statute. Acts 1937, ch. 49, § 19; C. Supp. 1950, § 4765.36 (Williams, § 4765.33); T.C.A. (orig. ed.), §§ 14-218, 14-2-112.
All assistance granted under this part shall be deemed to be granted and to be held subject to any amending or repealing statute that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of such recipient's assistance being affected in any way by any amendment or repealing statute.
Acts 1937, ch. 49, § 19; C. Supp. 1950, § 4765.36 (Williams, § 4765.33); T.C.A. (orig. ed.), §§ 14-218, 14-2-112.
Tenn. Code Ann. § 71-2-215 — TN Code / Title 71 / Chapter 2 / Section 71-2-215
Penalty for fraudulent acts
Status: in_force

Whoever: (1) Knowingly obtains, or attempts to obtain, or aids, or abets any persons to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which such person is not entitled or assistance greater than that to which such person is justly entitled; or (2) With intent to defraud, aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance, without the consent of the department; commits a Class E felony. Acts 1937, ch. 49, § 18; 1943, ch. 42, § 2; C. Supp. 1950, § 4765.35 (Williams, § 4765.32); Acts 1955, ch. 26, §§ 1, 2; T.C.A. (orig. ed.), §§ 14-221, 14-2-115; Acts 1989, ch. 591, § 102.
Whoever:
(1) Knowingly obtains, or attempts to obtain, or aids, or abets any persons to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which such person is not entitled or assistance greater than that to which such person is justly entitled; or
(2) With intent to defraud, aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance, without the consent of the department; commits a Class E felony.
commits a Class E felony.
Acts 1937, ch. 49, § 18; 1943, ch. 42, § 2; C. Supp. 1950, § 4765.35 (Williams, § 4765.32); Acts 1955, ch. 26, §§ 1, 2; T.C.A. (orig. ed.), §§ 14-221, 14-2-115; Acts 1989, ch. 591, § 102.
Tenn. Code Ann. § 71-2-208 — TN Code / Title 71 / Chapter 2 / Section 71-2-208
Finality of departmental decision
Status: in_force

All decisions of the department shall be final and shall be binding upon the county involved and shall be complied with by the regional director or a designated agent. Acts 1937, ch. 49, § 9; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.26 (Williams, § 4765.25); T.C.A. (orig. ed.), §§ 14-214, 14-2-108.
All decisions of the department shall be final and shall be binding upon the county involved and shall be complied with by the regional director or a designated agent.
Acts 1937, ch. 49, § 9; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.26 (Williams, § 4765.25); T.C.A. (orig. ed.), §§ 14-214, 14-2-108.
Tenn. Code Ann. § 71-5-2516 — TN Code / Title 71 / Chapter 5 / Section 71-5-2516
Confidentiality - Liability for providing data - Creation of new records or data - Destruction of data
Status: in_force

(a) All records obtained pursuant to this chapter shall be treated as confidential investigative records of the office of inspector general and shall not be open to public inspection; provided, however, that nothing in this part shall be construed to affect the obligation of the single state agency under federal law to provide the medicaid fraud control unit with access to, and free copies of, all records or information or computerized data kept or stored by the agency pursuant to 42 CFR 455.21(a) . (b) Notwithstanding any other law to the contrary, no person shall be subject to any civil or criminal liability for providing the office of inspector general with access to data as required by this chapter. (c) Nothing in this chapter shall be construed to require any person or entity to create new records or data that did not exist at the time of the request; provided, that no person or entity may destroy existing data after having been put on notice that access to the data is required pursuant to this section. Acts 2006, ch. 1010, § 1.
(a) All records obtained pursuant to this chapter shall be treated as confidential investigative records of the office of inspector general and shall not be open to public inspection; provided, however, that nothing in this part shall be construed to affect the obligation of the single state agency under federal law to provide the medicaid fraud control unit with access to, and free copies of, all records or information or computerized data kept or stored by the agency pursuant to 42 CFR 455.21(a) .
(b) Notwithstanding any other law to the contrary, no person shall be subject to any civil or criminal liability for providing the office of inspector general with access to data as required by this chapter.
(c) Nothing in this chapter shall be construed to require any person or entity to create new records or data that did not exist at the time of the request; provided, that no person or entity may destroy existing data after having been put on notice that access to the data is required pursuant to this section.
Acts 2006, ch. 1010, § 1.
Tenn. Code Ann. § 71-5-113 — TN Code / Title 71 / Chapter 5 / Section 71-5-113
Hearing concerning matters other than eligibility
Status: in_force

(a) Except as required in § 71-5-112 , whenever a hearing is required by state or federal law or constitutional provision, the department shall provide such hearings before the commissioner or the commissioner's designee. (b) Such hearing shall be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except that the commissioner may adopt rules that establish procedures not necessarily in accordance with the Uniform Administrative Procedures Act for the review of appeals from denials of claims for payment for medical assistance under this part where the amount of the claim is less than five hundred dollars ($500). (c) The procedures shall include the opportunity for an informal hearing before the commissioner or the commissioner's designee, who shall not be a medicaid employee. Acts 1968, ch. 551, § 13; T.C.A., § 14-1913; Acts 1982, ch. 730, § 13; 1984, ch. 607, § 1; T.C.A., § 14-23-113.
(a) Except as required in § 71-5-112 , whenever a hearing is required by state or federal law or constitutional provision, the department shall provide such hearings before the commissioner or the commissioner's designee.
(b) Such hearing shall be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except that the commissioner may adopt rules that establish procedures not necessarily in accordance with the Uniform Administrative Procedures Act for the review of appeals from denials of claims for payment for medical assistance under this part where the amount of the claim is less than five hundred dollars ($500).
(c) The procedures shall include the opportunity for an informal hearing before the commissioner or the commissioner's designee, who shall not be a medicaid employee.
Acts 1968, ch. 551, § 13; T.C.A., § 14-1913; Acts 1982, ch. 730, § 13; 1984, ch. 607, § 1; T.C.A., § 14-23-113.
Tenn. Code Ann. § 71-6-204 — TN Code / Title 71 / Chapter 6 / Section 71-6-204
Incorporation, taxation and reporting prerequisites for receiving funds
Status: in_force

To receive funds under this part, organizations shall: (1) Be incorporated as a not-for-profit corporation, and be tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ); and (2) Comply with §§ 37-1-403 and 37-1-605 by reporting cases of suspected child abuse or neglect or child sexual abuse to the department of children's services and comply with § 71-6-103 by reporting suspected cases of adult abuse, sexual abuse, neglect or exploitation to the department of human services. Acts 1984, ch. 930, § 4; T.C.A., § 14-33-104; Acts 1996, ch. 1079, § 183.
To receive funds under this part, organizations shall:
(1) Be incorporated as a not-for-profit corporation, and be tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ); and
(2) Comply with §§ 37-1-403 and 37-1-605 by reporting cases of suspected child abuse or neglect or child sexual abuse to the department of children's services and comply with § 71-6-103 by reporting suspected cases of adult abuse, sexual abuse, neglect or exploitation to the department of human services.
Acts 1984, ch. 930, § 4; T.C.A., § 14-33-104; Acts 1996, ch. 1079, § 183.
Tenn. Code Ann. § 71-3-904 — TN Code / Title 71 / Chapter 3 / Section 71-3-904
Reapplication for exemption
Status: in_force

The exemption in § 71-3-903 can be reapplied for whenever the participant is eligible for temporary assistance for needy families (TANF), or successor program. Acts 1996, ch. 886, § 4.
The exemption in § 71-3-903 can be reapplied for whenever the participant is eligible for temporary assistance for needy families (TANF), or successor program.
Acts 1996, ch. 886, § 4.
Tenn. Code Ann. § 71-5-1504 — TN Code / Title 71 / Chapter 5 / Section 71-5-1504
Calculation of uniform assessment per ground transport - Quarterly transport data
Status: in_force

(a) The bureau shall calculate a uniform assessment per ground transport for each ambulance provider pursuant to subsection (b). (b) Except as otherwise provided in subsection (c), each quarter of the state fiscal year, the assessment due from each ambulance provider must equal the rate set in subsection (e) multiplied by each provider's total taxable quarterly transports. The total taxable quarterly transport data must be based on the most recent available completed quarter of transport data recorded by the office of emergency medical services. Ambulance providers shall submit a quarterly reporting of all transports to the office of emergency medical services in a manner determined by the office of emergency medical services and the bureau. (c) If the quarterly transport data is not adequate or available for the calculation of assessments, then the bureau shall use total taxable transports submitted to the office of emergency medical services from the most recent calendar year that the office of emergency medical services has available. If neither the quarterly transport data nor total taxable transports submitted to the office of emergency medical services are adequate or available, then the bureau shall use the annual cost and utilization report submitted pursuant to § 71-5-1507 . The adequacy and availability of the data must be determined solely by the bureau. (d) The bureau shall apply any annual changes to the assessment rate, calculated as described in subsection (b), uniformly to all assessed ambulance providers. (e) The assessment must generate the lesser of: (1) Twenty dollars ($20.00) per taxable transport that is part of a provider's total taxable transports as defined in § 71-5-1502 ; or (2) In the event that twenty dollars ($20.00) per taxable transport causes the statewide assessment to exceed six percent (6%) of statewide net operating revenues, then such an amount on a per taxable transport basis that generates six percent (6%) of statewide net operating revenues. (f) (1) If a licensed provider assumes the operations of another licensed provider, then the transports of the provider whose operations were assumed are included as part of the assuming provider's annual assessment calculation as described in subsection (b). (2) (A) If an ambulance provider becomes newly licensed after the most recent calendar year, and does not have annual transport totals available from the office of emergency medical services for the purposes of the annual assessment calculation as described in subsection (b), then the provider shall submit a quarterly report to the office of emergency medical services attesting to the provider's most recent quarterly emergency transport totals no later than the fifteenth day of the first month of each quarter in a manner determined by the office of emergency medical services and the bureau. Upon review, the office of emergency medical services shall report to the bureau the provider's quarterly transport totals, and the provider must be assessed twenty dollars ($20.00) per taxable transport. The bureau shall assess the provider according to the methodology in this subdivision (f)(2) until a full calendar year of transport totals have been reported to and are available to be reported by the office of emergency medical services. (B) The bureau shall require an ambulance provider that fails to report quarterly transports under this subsection (f) to pay the bureau, in addition to the assessment, a penalty of fifty dollars ($50.00) per calendar day for each day the provider fails to submit a quarterly emergency transport report to the office of emergency medical services. However, the bureau may waive, in whole or in part, penalties accrued under this subdivision (f)(2)(B) upon a determination that there is good cause for such waiver. (3) This subsection (f) does not apply to a change of ownership of an existing licensed ambulance provider. Amended by 2023 Tenn. Acts, ch. 101, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1052, s 7, eff. 5/25/2022. Amended by 2022 Tenn. Acts, ch. 1052, s 2, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 122, s 2, eff. 4/13/2021. Amended by 2020 Tenn. Acts, ch. 643, Secs.s 1, s 2 eff. 4/1/2020. Amended by 2019 Tenn. Acts, ch. 188, s 3, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 3, Secs.s 1, s 2 eff. 3/7/2019. Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018. Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.
(a) The bureau shall calculate a uniform assessment per ground transport for each ambulance provider pursuant to subsection (b).
(b) Except as otherwise provided in subsection (c), each quarter of the state fiscal year, the assessment due from each ambulance provider must equal the rate set in subsection (e) multiplied by each provider's total taxable quarterly transports. The total taxable quarterly transport data must be based on the most recent available completed quarter of transport data recorded by the office of emergency medical services. Ambulance providers shall submit a quarterly reporting of all transports to the office of emergency medical services in a manner determined by the office of emergency medical services and the bureau.
(c) If the quarterly transport data is not adequate or available for the calculation of assessments, then the bureau shall use total taxable transports submitted to the office of emergency medical services from the most recent calendar year that the office of emergency medical services has available. If neither the quarterly transport data nor total taxable transports submitted to the office of emergency medical services are adequate or available, then the bureau shall use the annual cost and utilization report submitted pursuant to § 71-5-1507 . The adequacy and availability of the data must be determined solely by the bureau.
(d) The bureau shall apply any annual changes to the assessment rate, calculated as described in subsection (b), uniformly to all assessed ambulance providers.
(e) The assessment must generate the lesser of: (1) Twenty dollars ($20.00) per taxable transport that is part of a provider's total taxable transports as defined in § 71-5-1502 ; or (2) In the event that twenty dollars ($20.00) per taxable transport causes the statewide assessment to exceed six percent (6%) of statewide net operating revenues, then such an amount on a per taxable transport basis that generates six percent (6%) of statewide net operating revenues.
(1) Twenty dollars ($20.00) per taxable transport that is part of a provider's total taxable transports as defined in § 71-5-1502 ; or
(2) In the event that twenty dollars ($20.00) per taxable transport causes the statewide assessment to exceed six percent (6%) of statewide net operating revenues, then such an amount on a per taxable transport basis that generates six percent (6%) of statewide net operating revenues.
(f) (1) If a licensed provider assumes the operations of another licensed provider, then the transports of the provider whose operations were assumed are included as part of the assuming provider's annual assessment calculation as described in subsection (b). (2) (A) If an ambulance provider becomes newly licensed after the most recent calendar year, and does not have annual transport totals available from the office of emergency medical services for the purposes of the annual assessment calculation as described in subsection (b), then the provider shall submit a quarterly report to the office of emergency medical services attesting to the provider's most recent quarterly emergency transport totals no later than the fifteenth day of the first month of each quarter in a manner determined by the office of emergency medical services and the bureau. Upon review, the office of emergency medical services shall report to the bureau the provider's quarterly transport totals, and the provider must be assessed twenty dollars ($20.00) per taxable transport. The bureau shall assess the provider according to the methodology in this subdivision (f)(2) until a full calendar year of transport totals have been reported to and are available to be reported by the office of emergency medical services. (B) The bureau shall require an ambulance provider that fails to report quarterly transports under this subsection (f) to pay the bureau, in addition to the assessment, a penalty of fifty dollars ($50.00) per calendar day for each day the provider fails to submit a quarterly emergency transport report to the office of emergency medical services. However, the bureau may waive, in whole or in part, penalties accrued under this subdivision (f)(2)(B) upon a determination that there is good cause for such waiver. (3) This subsection (f) does not apply to a change of ownership of an existing licensed ambulance provider.
(1) If a licensed provider assumes the operations of another licensed provider, then the transports of the provider whose operations were assumed are included as part of the assuming provider's annual assessment calculation as described in subsection (b).
(2) (A) If an ambulance provider becomes newly licensed after the most recent calendar year, and does not have annual transport totals available from the office of emergency medical services for the purposes of the annual assessment calculation as described in subsection (b), then the provider shall submit a quarterly report to the office of emergency medical services attesting to the provider's most recent quarterly emergency transport totals no later than the fifteenth day of the first month of each quarter in a manner determined by the office of emergency medical services and the bureau. Upon review, the office of emergency medical services shall report to the bureau the provider's quarterly transport totals, and the provider must be assessed twenty dollars ($20.00) per taxable transport. The bureau shall assess the provider according to the methodology in this subdivision (f)(2) until a full calendar year of transport totals have been reported to and are available to be reported by the office of emergency medical services. (B) The bureau shall require an ambulance provider that fails to report quarterly transports under this subsection (f) to pay the bureau, in addition to the assessment, a penalty of fifty dollars ($50.00) per calendar day for each day the provider fails to submit a quarterly emergency transport report to the office of emergency medical services. However, the bureau may waive, in whole or in part, penalties accrued under this subdivision (f)(2)(B) upon a determination that there is good cause for such waiver.
(A) If an ambulance provider becomes newly licensed after the most recent calendar year, and does not have annual transport totals available from the office of emergency medical services for the purposes of the annual assessment calculation as described in subsection (b), then the provider shall submit a quarterly report to the office of emergency medical services attesting to the provider's most recent quarterly emergency transport totals no later than the fifteenth day of the first month of each quarter in a manner determined by the office of emergency medical services and the bureau. Upon review, the office of emergency medical services shall report to the bureau the provider's quarterly transport totals, and the provider must be assessed twenty dollars ($20.00) per taxable transport. The bureau shall assess the provider according to the methodology in this subdivision (f)(2) until a full calendar year of transport totals have been reported to and are available to be reported by the office of emergency medical services.
(B) The bureau shall require an ambulance provider that fails to report quarterly transports under this subsection (f) to pay the bureau, in addition to the assessment, a penalty of fifty dollars ($50.00) per calendar day for each day the provider fails to submit a quarterly emergency transport report to the office of emergency medical services. However, the bureau may waive, in whole or in part, penalties accrued under this subdivision (f)(2)(B) upon a determination that there is good cause for such waiver.
(3) This subsection (f) does not apply to a change of ownership of an existing licensed ambulance provider.
Amended by 2023 Tenn. Acts, ch. 101, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1052, s 7, eff. 5/25/2022.
Amended by 2022 Tenn. Acts, ch. 1052, s 2, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 122, s 2, eff. 4/13/2021.
Amended by 2020 Tenn. Acts, ch. 643, Secs.s 1, s 2 eff. 4/1/2020.
Amended by 2019 Tenn. Acts, ch. 188, s 3, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 3, Secs.s 1, s 2 eff. 3/7/2019.
Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018.
Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 71-2-203 — TN Code / Title 71 / Chapter 2 / Section 71-2-203
Eligibility for assistance
Status: in_force

Assistance shall be granted under this part to any person who: (1) (A) Is sixty-five (65) years of age or older; (B) Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the state; provided, that temporary absence from the state, with subsequent returns to the state or intent to return when the purposes of the absence have been accomplished, shall not, for the purpose of this part, interrupt continuity of residence; (C) Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health; and whose spouse is not able to meet such person's needs as determined by the department's standards; and (D) Within five (5) years immediately preceding application or during receipt of assistance, has not, in order to evade any provision of this part, made an assignment or transfer of property, the proceeds from which at the fair market value, irrespective of the actual consideration received, would under the state standards of need still be available to meet the needs of the individual. Any transfer of property to a husband, wife, son, daughter, son-in-law, daughter-in-law, nephew or niece, within the period above mentioned, shall be prima facie evidence that the transfer was made with the intent to evade this part; or (2) Was receiving old age assistance benefits during the month of December 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits. Acts 1937, ch. 49, § 2; 1949, ch. 85, § 1; 1949, ch. 135, § 1; C. Supp. 1950, § 4765.19 (Williams, § 4765.18); Acts 1951, ch. 104, § 1; 1951, ch. 223, § 1; 1955, ch. 24, § 1; 1955, ch. 169, § 1; 1957, ch. 81, § 1; 1957, ch. 116, § 1; 1965, ch. 14, § 2; 1967, ch. 64, §§ 1, 2; 1970, ch. 369, § 1; 1974, ch. 628, § 2; T.C.A. (orig. ed.), §§ 14-203, 14-2-103.
Assistance shall be granted under this part to any person who:
(1) (A) Is sixty-five (65) years of age or older; (B) Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the state; provided, that temporary absence from the state, with subsequent returns to the state or intent to return when the purposes of the absence have been accomplished, shall not, for the purpose of this part, interrupt continuity of residence; (C) Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health; and whose spouse is not able to meet such person's needs as determined by the department's standards; and (D) Within five (5) years immediately preceding application or during receipt of assistance, has not, in order to evade any provision of this part, made an assignment or transfer of property, the proceeds from which at the fair market value, irrespective of the actual consideration received, would under the state standards of need still be available to meet the needs of the individual. Any transfer of property to a husband, wife, son, daughter, son-in-law, daughter-in-law, nephew or niece, within the period above mentioned, shall be prima facie evidence that the transfer was made with the intent to evade this part; or
(A) Is sixty-five (65) years of age or older;
(B) Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the state; provided, that temporary absence from the state, with subsequent returns to the state or intent to return when the purposes of the absence have been accomplished, shall not, for the purpose of this part, interrupt continuity of residence;
(C) Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health; and whose spouse is not able to meet such person's needs as determined by the department's standards; and
(D) Within five (5) years immediately preceding application or during receipt of assistance, has not, in order to evade any provision of this part, made an assignment or transfer of property, the proceeds from which at the fair market value, irrespective of the actual consideration received, would under the state standards of need still be available to meet the needs of the individual. Any transfer of property to a husband, wife, son, daughter, son-in-law, daughter-in-law, nephew or niece, within the period above mentioned, shall be prima facie evidence that the transfer was made with the intent to evade this part; or
(2) Was receiving old age assistance benefits during the month of December 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits.
Acts 1937, ch. 49, § 2; 1949, ch. 85, § 1; 1949, ch. 135, § 1; C. Supp. 1950, § 4765.19 (Williams, § 4765.18); Acts 1951, ch. 104, § 1; 1951, ch. 223, § 1; 1955, ch. 24, § 1; 1955, ch. 169, § 1; 1957, ch. 81, § 1; 1957, ch. 116, § 1; 1965, ch. 14, § 2; 1967, ch. 64, §§ 1, 2; 1970, ch. 369, § 1; 1974, ch. 628, § 2; T.C.A. (orig. ed.), §§ 14-203, 14-2-103.
Tenn. Code Ann. § 71-1-120 — TN Code / Title 71 / Chapter 1 / Section 71-1-120
Federal funds - Administrative economy
Status: in_force

This section shall be construed, insofar as is practicable, so as to be consistent with Title XX of the Social Security Act ( 42 U.S.C. §§ 1397 et seq.), and regulations issued under the authority of that act. The commissioner shall take reasonable steps to assure that the cost of administering, monitoring, and overseeing services performed by public providers and private providers shall be accomplished as economically as practicable. In the event that such expenditures are estimated to exceed six percent (6%) of the total estimated expenditures for services provided by public providers and private providers, the commissioner shall include in the annual service plan a statement to that effect, accompanied with an explanation of the reasons why such expenditures cannot be held to or below six percent (6%) of the estimated cost of services provided by public and private providers. Acts 1976, ch. 687, §§ 1, 2; T.C.A., §§ 14-120, 14-1-120.
This section shall be construed, insofar as is practicable, so as to be consistent with Title XX of the Social Security Act ( 42 U.S.C. §§ 1397 et seq.), and regulations issued under the authority of that act. The commissioner shall take reasonable steps to assure that the cost of administering, monitoring, and overseeing services performed by public providers and private providers shall be accomplished as economically as practicable. In the event that such expenditures are estimated to exceed six percent (6%) of the total estimated expenditures for services provided by public providers and private providers, the commissioner shall include in the annual service plan a statement to that effect, accompanied with an explanation of the reasons why such expenditures cannot be held to or below six percent (6%) of the estimated cost of services provided by public and private providers.
Acts 1976, ch. 687, §§ 1, 2; T.C.A., §§ 14-120, 14-1-120.
Tenn. Code Ann. § 71-3-1114 — TN Code / Title 71 / Chapter 3 / Section 71-3-1114
[Effective until 6/30/2025. See T.C.A. 71-3-1113] Email notice that enrollee must redetermine eligibility
Status: in_force

As a part of the process for redetermining an enrollee's eligibility for the program, the department shall establish a procedure that sends an email notice to the enrollee, or the parent or guardian of the enrollee, that the enrollee must redetermine eligibility for the program. The email notice is required only when the department has an email address for the enrollee or the parent or guardian of the enrollee. Acts 2018 , ch. 943, § 1.
As a part of the process for redetermining an enrollee's eligibility for the program, the department shall establish a procedure that sends an email notice to the enrollee, or the parent or guardian of the enrollee, that the enrollee must redetermine eligibility for the program. The email notice is required only when the department has an email address for the enrollee or the parent or guardian of the enrollee.
Acts 2018 , ch. 943, § 1.
Tenn. Code Ann. § 71-3-1204 — TN Code / Title 71 / Chapter 3 / Section 71-3-1204
Confidentiality
Status: in_force

(a) All information, interviews, reports, statements, memoranda and drug test results, written or otherwise, received by the department as part of the drug testing program established by this part shall be confidential and not subject to disclosure, and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings, except in accordance with the administration of this part or the TANF or successor program, or in proceedings conducted pursuant to title 37 concerning the protection or permanency of children or in adjudicating any claims or actions arising from the administration of this part, unless the person tested provides written consent permitting disclosure. (b) Information regarding drug test results for tests administered pursuant to this part shall not be released to law enforcement authorities or used in any criminal proceeding against the applicant. Information released contrary to this section is inadmissible as evidence in a criminal proceeding. (c) This section does not prohibit the department or a drug testing agency conducting a drug test from having access to an adult applicant's drug test information or using the information when consulting with legal counsel in connection with actions brought under or related to this section, or when the information is relevant to its defense in a civil or administrative matter. (d) This section does not prohibit the reporting of child abuse, child sexual abuse, or neglect of child pursuant to title 37, chapter 1, part 4 or 6. Acts 2012, ch. 1079, § 5.
(a) All information, interviews, reports, statements, memoranda and drug test results, written or otherwise, received by the department as part of the drug testing program established by this part shall be confidential and not subject to disclosure, and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings, except in accordance with the administration of this part or the TANF or successor program, or in proceedings conducted pursuant to title 37 concerning the protection or permanency of children or in adjudicating any claims or actions arising from the administration of this part, unless the person tested provides written consent permitting disclosure.
(b) Information regarding drug test results for tests administered pursuant to this part shall not be released to law enforcement authorities or used in any criminal proceeding against the applicant. Information released contrary to this section is inadmissible as evidence in a criminal proceeding.
(c) This section does not prohibit the department or a drug testing agency conducting a drug test from having access to an adult applicant's drug test information or using the information when consulting with legal counsel in connection with actions brought under or related to this section, or when the information is relevant to its defense in a civil or administrative matter.
(d) This section does not prohibit the reporting of child abuse, child sexual abuse, or neglect of child pursuant to title 37, chapter 1, part 4 or 6.
Acts 2012, ch. 1079, § 5.
Tenn. Code Ann. § 71-3-1205 — TN Code / Title 71 / Chapter 3 / Section 71-3-1205
Rules
Status: in_force

(a) The commissioner of human services is authorized to adopt rules, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary for the administration of this part, and shall have rulemaking authority to promulgate any rules to carry out the requirements of any title or part of any title that the department administers and that are necessary to immediately implement this part or related titles or parts. (b) In promulgating rules, the commissioner shall consider, at a minimum: (1) Testing procedures established by the United States departments of health and human services and transportation; (2) Screening procedures established by substance abuse experts to determine that a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs as defined in this part; (3) Body specimens and minimum specimen amounts that are appropriate for drug testing; (4) Methods of analysis and procedures to ensure reliable drug testing results, including standards for initial tests and confirmation tests; (5) Minimum cut-off detection levels for each drug or metabolites of the drug for the purposes of determining a positive test result; (6) Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and (7) Retention, storage and transportation procedures to ensure reliable results of drug tests used in the administration of this part. Acts 2012, ch. 1079, § 6.
(a) The commissioner of human services is authorized to adopt rules, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary for the administration of this part, and shall have rulemaking authority to promulgate any rules to carry out the requirements of any title or part of any title that the department administers and that are necessary to immediately implement this part or related titles or parts.
(b) In promulgating rules, the commissioner shall consider, at a minimum: (1) Testing procedures established by the United States departments of health and human services and transportation; (2) Screening procedures established by substance abuse experts to determine that a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs as defined in this part; (3) Body specimens and minimum specimen amounts that are appropriate for drug testing; (4) Methods of analysis and procedures to ensure reliable drug testing results, including standards for initial tests and confirmation tests; (5) Minimum cut-off detection levels for each drug or metabolites of the drug for the purposes of determining a positive test result; (6) Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and (7) Retention, storage and transportation procedures to ensure reliable results of drug tests used in the administration of this part.
(1) Testing procedures established by the United States departments of health and human services and transportation;
(2) Screening procedures established by substance abuse experts to determine that a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs as defined in this part;
(3) Body specimens and minimum specimen amounts that are appropriate for drug testing;
(4) Methods of analysis and procedures to ensure reliable drug testing results, including standards for initial tests and confirmation tests;
(5) Minimum cut-off detection levels for each drug or metabolites of the drug for the purposes of determining a positive test result;
(6) Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and
(7) Retention, storage and transportation procedures to ensure reliable results of drug tests used in the administration of this part.
Acts 2012, ch. 1079, § 6.
Tenn. Code Ann. § 71-5-127 — TN Code / Title 71 / Chapter 5 / Section 71-5-127
Conflict with federal law - Single state agency
Status: in_force

If it is found that any of the provisions of this part are in conflict with the single state agency requirements of the federal Medicaid Law, Title XIX, then, and in that event, the department of finance and administration shall become the single state agency. Acts 1969, ch. 326, § 9; T.C.A., §§ 14-1928, 14-23-127.
If it is found that any of the provisions of this part are in conflict with the single state agency requirements of the federal Medicaid Law, Title XIX, then, and in that event, the department of finance and administration shall become the single state agency.
Acts 1969, ch. 326, § 9; T.C.A., §§ 14-1928, 14-23-127.
Tenn. Code Ann. § 71-4-2104 — TN Code / Title 71 / Chapter 4 / Section 71-4-2104
Executive director - Duties - Qualifications
Status: in_force

(a) The council for the deaf, deaf-blind, and hard of hearing shall recommend to the governor an executive director and shall fix the executive director's duties and responsibilities. The executive director shall serve as executive officer and secretary to the council and shall be a full-time employee of the council. Compensation for the executive director shall be established by the council with the approval of the commissioner of human resources. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (b) The executive director, with the advice and consent of the council, may, to the extent of available funds, plan and oversee the establishment of service centers for the deaf, deaf-blind, and hard of hearing, as well as, or in addition to, support and coordinate the activities of the existing centers in cooperation with the local board of directors. (c) The executive director, with the advice and consent of the council, shall: (1) Promote accessibility of all governmental services to deaf, deaf-blind, and hard of hearing citizens in Tennessee; (2) Identify agencies, both public and private that provide community services, evaluate the extent to which they make services available to deaf, deaf-blind, and hard of hearing people, and cooperate with the agencies in coordinating and extending these services; (3) Encourage the mutual exchange of ideas and information on services for deaf, deaf-blind, and hard of hearing people between federal, state and local governmental agencies, and private organizations and individuals; (4) Survey the needs of people who are deaf, deaf-blind, and hard of hearing in Tennessee, and assist the council in the preparation of its report to the governor, lieutenant governor, and speaker of the house of representatives; (5) Develop a strategy to create minimum standards for all sign language interpreters in Tennessee and make recommendations on how to implement these strategies to appropriate state departments, the governor, lieutenant governor, speaker of the house of representatives and general assembly; (6) Promote the training of interpreters for the deaf, deaf-blind, and hard of hearing; and (7) Perform such other duties as may be required by law. (d) In selecting an executive director, the council shall select an individual who is fluent in the American sign language of the deaf and otherwise qualified. (e) The executive director is authorized to arrange for such clerical or other assistance as may be required and as approved by the council. Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013. Acts 1978, ch. 889, § 4; T.C.A., §§ 14-2504, 14-18-104; Acts 1987, ch. 6, § 3; 2001, ch. 174, § 16.
(a) The council for the deaf, deaf-blind, and hard of hearing shall recommend to the governor an executive director and shall fix the executive director's duties and responsibilities. The executive director shall serve as executive officer and secretary to the council and shall be a full-time employee of the council. Compensation for the executive director shall be established by the council with the approval of the commissioner of human resources. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(b) The executive director, with the advice and consent of the council, may, to the extent of available funds, plan and oversee the establishment of service centers for the deaf, deaf-blind, and hard of hearing, as well as, or in addition to, support and coordinate the activities of the existing centers in cooperation with the local board of directors.
(c) The executive director, with the advice and consent of the council, shall: (1) Promote accessibility of all governmental services to deaf, deaf-blind, and hard of hearing citizens in Tennessee; (2) Identify agencies, both public and private that provide community services, evaluate the extent to which they make services available to deaf, deaf-blind, and hard of hearing people, and cooperate with the agencies in coordinating and extending these services; (3) Encourage the mutual exchange of ideas and information on services for deaf, deaf-blind, and hard of hearing people between federal, state and local governmental agencies, and private organizations and individuals; (4) Survey the needs of people who are deaf, deaf-blind, and hard of hearing in Tennessee, and assist the council in the preparation of its report to the governor, lieutenant governor, and speaker of the house of representatives; (5) Develop a strategy to create minimum standards for all sign language interpreters in Tennessee and make recommendations on how to implement these strategies to appropriate state departments, the governor, lieutenant governor, speaker of the house of representatives and general assembly; (6) Promote the training of interpreters for the deaf, deaf-blind, and hard of hearing; and (7) Perform such other duties as may be required by law.
(1) Promote accessibility of all governmental services to deaf, deaf-blind, and hard of hearing citizens in Tennessee;
(2) Identify agencies, both public and private that provide community services, evaluate the extent to which they make services available to deaf, deaf-blind, and hard of hearing people, and cooperate with the agencies in coordinating and extending these services;
(3) Encourage the mutual exchange of ideas and information on services for deaf, deaf-blind, and hard of hearing people between federal, state and local governmental agencies, and private organizations and individuals;
(4) Survey the needs of people who are deaf, deaf-blind, and hard of hearing in Tennessee, and assist the council in the preparation of its report to the governor, lieutenant governor, and speaker of the house of representatives;
(5) Develop a strategy to create minimum standards for all sign language interpreters in Tennessee and make recommendations on how to implement these strategies to appropriate state departments, the governor, lieutenant governor, speaker of the house of representatives and general assembly;
(6) Promote the training of interpreters for the deaf, deaf-blind, and hard of hearing; and
(7) Perform such other duties as may be required by law.
(d) In selecting an executive director, the council shall select an individual who is fluent in the American sign language of the deaf and otherwise qualified.
(e) The executive director is authorized to arrange for such clerical or other assistance as may be required and as approved by the council.
Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013.
Acts 1978, ch. 889, § 4; T.C.A., §§ 14-2504, 14-18-104; Acts 1987, ch. 6, § 3; 2001, ch. 174, § 16.
Tenn. Code Ann. § 71-5-1307 — TN Code / Title 71 / Chapter 5 / Section 71-5-1307
Reserved
Status: repealed

Acts 1992, ch. 954, § 1; repealed by Acts 2012, ch. 673, § 5, effective 7/1/2012.
Tenn. Code Ann. § 71-4-608 — TN Code / Title 71 / Chapter 4 / Section 71-4-608
Cooperation and utilization of other agencies
Status: in_force

Pursuant to the general policies of the department, the director and the division are authorized to: (1) Cooperate with and utilize the services of the state agency or agencies administering the state's public assistance program, the federal bureau of old-age and survivors insurance under the United States department of health and human services, and other federal, state and local public agencies providing services relating to vocational rehabilitation, and with the state system of public employment offices in the state, and shall make maximum feasible utilization of the job placement and employment counseling services and other services and facilities of such offices; (2) Cooperate with political subdivisions, other public and nonprofit organizations and agencies, in their establishment of workshops and rehabilitation facilities, and, to the extent feasible in providing vocational rehabilitation services, shall utilize all such facilities meeting the standards established by the department; (3) Enter into contractual arrangements with the federal bureau of old-age and survivors insurance under the United States department of health and human services, with respect to certifications of disability and performance of other services, and with other authorized public agencies for performance of services related to vocational rehabilitation, for such agencies; (4) Contract with schools, hospitals, and other agencies, and with doctors, nurses, technicians and other persons, for training, physical restoration, transportation, and other vocational rehabilitation services; and (5) (A) Contract with a nonprofit organization or organizations for the management and operation of workshops for the blind located at Nashville and Memphis and, in fulfillment of the terms of such contract or contracts, lease the present workshop facilities to the organization or organizations for the period of time as specified in the contract; provided, that any contract entered into for this purpose shall not be effective until approved by the governor, attorney general and reporter, and comptroller of the treasury. Such contract shall also be governed by former § 12-4-109 [See the Compiler's Notes] and the regulations promulgated pursuant to former § 12-4-109 . A contractor that manages and operates a workshop under this subdivision (5) shall not be bound by enactments of the general assembly that govern: (i) The administration of personnel, including title 8, chapter 30; (ii) The purchase of goods and services, including title 12, chapter 3 [see the Compiler's Notes] and former §§ 12-4-109 and 12-4-110 [see the Compiler's Notes]; and (iii) The administration, disposition, and inventory of property and surplus property, including title 12, chapter 2 and § 4-3-1105 . (B) However, a contractor may purchase, inventory, and dispose of goods, property, and surplus property under these laws, with the approval of and under conditions set by the procurement commission. The department of general services may, upon request, purchase supplies and equipment for a contractor to manage and operate a facility. The purchases shall be made on the same terms and rules that govern the purchase of supplies and equipment by such department. The contractor shall pay for all such purchases. Any contractor operating a workshop under this subdivision (5) shall pay the minimum wage, unless a certificate of exemption is granted under the federal Fair Labor Standards Act of 1938 ( 29 U.S.C. § 201 et seq.), as amended, and shall also comply with all other state and federal laws applying to employment in the private sector. Acts 1955, ch. 243, § 8; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., § 14-632; Acts 1982, ch. 863, § 2; T.C.A., § 14-14-408; Acts 2011, ch. 295, § 19.
Pursuant to the general policies of the department, the director and the division are authorized to:
(1) Cooperate with and utilize the services of the state agency or agencies administering the state's public assistance program, the federal bureau of old-age and survivors insurance under the United States department of health and human services, and other federal, state and local public agencies providing services relating to vocational rehabilitation, and with the state system of public employment offices in the state, and shall make maximum feasible utilization of the job placement and employment counseling services and other services and facilities of such offices;
(2) Cooperate with political subdivisions, other public and nonprofit organizations and agencies, in their establishment of workshops and rehabilitation facilities, and, to the extent feasible in providing vocational rehabilitation services, shall utilize all such facilities meeting the standards established by the department;
(3) Enter into contractual arrangements with the federal bureau of old-age and survivors insurance under the United States department of health and human services, with respect to certifications of disability and performance of other services, and with other authorized public agencies for performance of services related to vocational rehabilitation, for such agencies;
(4) Contract with schools, hospitals, and other agencies, and with doctors, nurses, technicians and other persons, for training, physical restoration, transportation, and other vocational rehabilitation services; and
(5) (A) Contract with a nonprofit organization or organizations for the management and operation of workshops for the blind located at Nashville and Memphis and, in fulfillment of the terms of such contract or contracts, lease the present workshop facilities to the organization or organizations for the period of time as specified in the contract; provided, that any contract entered into for this purpose shall not be effective until approved by the governor, attorney general and reporter, and comptroller of the treasury. Such contract shall also be governed by former § 12-4-109 [See the Compiler's Notes] and the regulations promulgated pursuant to former § 12-4-109 . A contractor that manages and operates a workshop under this subdivision (5) shall not be bound by enactments of the general assembly that govern: (i) The administration of personnel, including title 8, chapter 30; (ii) The purchase of goods and services, including title 12, chapter 3 [see the Compiler's Notes] and former §§ 12-4-109 and 12-4-110 [see the Compiler's Notes]; and (iii) The administration, disposition, and inventory of property and surplus property, including title 12, chapter 2 and § 4-3-1105 . (B) However, a contractor may purchase, inventory, and dispose of goods, property, and surplus property under these laws, with the approval of and under conditions set by the procurement commission. The department of general services may, upon request, purchase supplies and equipment for a contractor to manage and operate a facility. The purchases shall be made on the same terms and rules that govern the purchase of supplies and equipment by such department. The contractor shall pay for all such purchases. Any contractor operating a workshop under this subdivision (5) shall pay the minimum wage, unless a certificate of exemption is granted under the federal Fair Labor Standards Act of 1938 ( 29 U.S.C. § 201 et seq.), as amended, and shall also comply with all other state and federal laws applying to employment in the private sector.
(A) Contract with a nonprofit organization or organizations for the management and operation of workshops for the blind located at Nashville and Memphis and, in fulfillment of the terms of such contract or contracts, lease the present workshop facilities to the organization or organizations for the period of time as specified in the contract; provided, that any contract entered into for this purpose shall not be effective until approved by the governor, attorney general and reporter, and comptroller of the treasury. Such contract shall also be governed by former § 12-4-109 [See the Compiler's Notes] and the regulations promulgated pursuant to former § 12-4-109 . A contractor that manages and operates a workshop under this subdivision (5) shall not be bound by enactments of the general assembly that govern: (i) The administration of personnel, including title 8, chapter 30; (ii) The purchase of goods and services, including title 12, chapter 3 [see the Compiler's Notes] and former §§ 12-4-109 and 12-4-110 [see the Compiler's Notes]; and (iii) The administration, disposition, and inventory of property and surplus property, including title 12, chapter 2 and § 4-3-1105 .
(i) The administration of personnel, including title 8, chapter 30;
(ii) The purchase of goods and services, including title 12, chapter 3 [see the Compiler's Notes] and former §§ 12-4-109 and 12-4-110 [see the Compiler's Notes]; and
(iii) The administration, disposition, and inventory of property and surplus property, including title 12, chapter 2 and § 4-3-1105 .
(B) However, a contractor may purchase, inventory, and dispose of goods, property, and surplus property under these laws, with the approval of and under conditions set by the procurement commission. The department of general services may, upon request, purchase supplies and equipment for a contractor to manage and operate a facility. The purchases shall be made on the same terms and rules that govern the purchase of supplies and equipment by such department. The contractor shall pay for all such purchases. Any contractor operating a workshop under this subdivision (5) shall pay the minimum wage, unless a certificate of exemption is granted under the federal Fair Labor Standards Act of 1938 ( 29 U.S.C. § 201 et seq.), as amended, and shall also comply with all other state and federal laws applying to employment in the private sector.
Acts 1955, ch. 243, § 8; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., § 14-632; Acts 1982, ch. 863, § 2; T.C.A., § 14-14-408; Acts 2011, ch. 295, § 19.
Tenn. Code Ann. § 71-3-102 — TN Code / Title 71 / Chapter 3 / Section 71-3-102
Program subject to availability of federal funds
Status: in_force

Continuation of the families first program is subject to, and limited by, the availability of federal funds that may be made available to the state of Tennessee by congress and the United States department of health and human services, or its successor agency. Acts 1996, ch. 950, § 3; T.C.A., § 71-3-152.
Continuation of the families first program is subject to, and limited by, the availability of federal funds that may be made available to the state of Tennessee by congress and the United States department of health and human services, or its successor agency.
Acts 1996, ch. 950, § 3; T.C.A., § 71-3-152.
Tenn. Code Ann. § 71-3-1101 — TN Code / Title 71 / Chapter 3 / Section 71-3-1101
[Effective until 6/30/2025. See T.C.A. 71-3-1113] Short title
Status: in_force

This part shall be known and may be cited as the "CoverKids Act of 2006." Acts 2006, ch. 867, § 7.
This part shall be known and may be cited as the "CoverKids Act of 2006."
Acts 2006, ch. 867, § 7.
Tenn. Code Ann. § 71-4-103 — TN Code / Title 71 / Chapter 4 / Section 71-4-103
Blindness defined
Status: in_force

(a) A person shall be considered "blind" for the purposes of this part whose vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential. (b) The department shall promulgate rules and regulations stating, in terms of ophthalmic measurements, the amount of visual acuity that a recipient may have and still be eligible for assistance under this part. Acts 1937, ch. 51, § 2; C. Supp. 1950, § 4765.59 (Williams, § 4765.58); Acts 1974, ch. 628, § 14; T.C.A. (orig. ed.), §§ 14-503, 14-13-103.
(a) A person shall be considered "blind" for the purposes of this part whose vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential.
(b) The department shall promulgate rules and regulations stating, in terms of ophthalmic measurements, the amount of visual acuity that a recipient may have and still be eligible for assistance under this part.
Acts 1937, ch. 51, § 2; C. Supp. 1950, § 4765.59 (Williams, § 4765.58); Acts 1974, ch. 628, § 14; T.C.A. (orig. ed.), §§ 14-503, 14-13-103.
Tenn. Code Ann. § 71-5-503 — TN Code / Title 71 / Chapter 5 / Section 71-5-503
Assistance by department of finance and administration - Volunteer assistance - Assistance in development of program
Status: in_force

(a) The department shall provide assistance as authorized by this part. The assistance provided shall include: (1) Assisting persons in identifying and accessing manufacturer-sponsored prescription drug assistance programs for which those persons are or may be eligible; (2) Assisting persons in applying for manufacturer-sponsored prescription drug assistance programs for which those persons are or may be eligible; (3) Disseminating information about available programs that can provide assistance with obtaining prescription drugs at a lower cost; and (4) Assisting persons in comparing medicare part D drug plans, and in applying for the plan best suited to those person's needs. (b) (1) The department may seek and receive voluntary moneys, including grants and gifts, to assist with the implementation of the Tennessee pharmaceutical connection program. (2) The department shall include, within the development of the program, the assistance of foundations, independent and chain community pharmacists, volunteers, state agencies, community groups, area agencies on aging, corporations, hospitals, physicians, and any other entity that can further the intent of the program. Acts 2005, ch. 474, § 5.
(a) The department shall provide assistance as authorized by this part. The assistance provided shall include: (1) Assisting persons in identifying and accessing manufacturer-sponsored prescription drug assistance programs for which those persons are or may be eligible; (2) Assisting persons in applying for manufacturer-sponsored prescription drug assistance programs for which those persons are or may be eligible; (3) Disseminating information about available programs that can provide assistance with obtaining prescription drugs at a lower cost; and (4) Assisting persons in comparing medicare part D drug plans, and in applying for the plan best suited to those person's needs.
(1) Assisting persons in identifying and accessing manufacturer-sponsored prescription drug assistance programs for which those persons are or may be eligible;
(2) Assisting persons in applying for manufacturer-sponsored prescription drug assistance programs for which those persons are or may be eligible;
(3) Disseminating information about available programs that can provide assistance with obtaining prescription drugs at a lower cost; and
(4) Assisting persons in comparing medicare part D drug plans, and in applying for the plan best suited to those person's needs.
(b) (1) The department may seek and receive voluntary moneys, including grants and gifts, to assist with the implementation of the Tennessee pharmaceutical connection program. (2) The department shall include, within the development of the program, the assistance of foundations, independent and chain community pharmacists, volunteers, state agencies, community groups, area agencies on aging, corporations, hospitals, physicians, and any other entity that can further the intent of the program.
(1) The department may seek and receive voluntary moneys, including grants and gifts, to assist with the implementation of the Tennessee pharmaceutical connection program.
(2) The department shall include, within the development of the program, the assistance of foundations, independent and chain community pharmacists, volunteers, state agencies, community groups, area agencies on aging, corporations, hospitals, physicians, and any other entity that can further the intent of the program.
Acts 2005, ch. 474, § 5.
Tenn. Code Ann. § 71-3-117 — TN Code / Title 71 / Chapter 3 / Section 71-3-117
Amendment of provisions
Status: in_force

All assistance granted under this part shall be deemed to be granted and to be held subject to any amending or repealing statute that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of such recipient's assistance being affected in any way by any amending or repealing statute. Acts 1937, ch. 50, § 16; C. Supp. 1950, § 4765.54 (Williams, § 4765.53); T.C.A. (orig. ed.), §§ 14-317, 14-8-117.
All assistance granted under this part shall be deemed to be granted and to be held subject to any amending or repealing statute that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of such recipient's assistance being affected in any way by any amending or repealing statute.
Acts 1937, ch. 50, § 16; C. Supp. 1950, § 4765.54 (Williams, § 4765.53); T.C.A. (orig. ed.), §§ 14-317, 14-8-117.
Tenn. Code Ann. § 71-5-2101 — TN Code / Title 71 / Chapter 5 / Section 71-5-2101
Provision by county legislative body
Status: in_force

There may be provided, at the expense of every county, an asylum for the poor of the county, consisting of a parcel of land of such size, and of buildings on the land of such dimensions and construction, as the county legislative body may consider necessary and proper, a majority of the members being present. Code 1858, § 1594 (deriv. Acts 1826, Private, ch. 56, § 2); Shan., § 2678; Code 1932, § 4792; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 14-801; Acts 1984, ch. 720, § 1; T.C.A. (orig. ed.), § 14-20-101.
There may be provided, at the expense of every county, an asylum for the poor of the county, consisting of a parcel of land of such size, and of buildings on the land of such dimensions and construction, as the county legislative body may consider necessary and proper, a majority of the members being present.
Code 1858, § 1594 (deriv. Acts 1826, Private, ch. 56, § 2); Shan., § 2678; Code 1932, § 4792; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 14-801; Acts 1984, ch. 720, § 1; T.C.A. (orig. ed.), § 14-20-101.
Tenn. Code Ann. § 71-5-132 — TN Code / Title 71 / Chapter 5 / Section 71-5-132
Medicaid providers - Responsibilities - Changes in ownership or controlling interest
Status: in_force

(a) No change of ownership or controlling interest of an existing medicaid provider, including, but not limited to, hospitals, nursing home facilities, home health agencies, and pharmacies, can occur until provision is made for moneys owed to medicaid. The purchaser shall notify medicaid of the purchase at the time of ownership change and is financially liable for the outstanding liabilities to medicaid for one (1) year from the date of purchase or for one (1) year following medicaid's receipt of the provider's medicare final notice of program reimbursement, whichever is later. The purchaser shall be entitled to utilize any means available to it by law to secure and recoup these funds from the selling entity. In addition, purchasers of nursing facilities are responsible for obtaining an accurate accounting and transfer of funds held in trust for medicaid residents at the time of the change of ownership or controlling interest. (b) If the division of medicaid has not reimbursed a business for medicaid services provided under the medicaid program at the time the business is sold, when such an amount is determined the division of medicaid shall be required to reimburse the person owning the business; provided, that such sale included the sale of such assets. Acts 1992, ch. 933, §§ 2, 3.
(a) No change of ownership or controlling interest of an existing medicaid provider, including, but not limited to, hospitals, nursing home facilities, home health agencies, and pharmacies, can occur until provision is made for moneys owed to medicaid. The purchaser shall notify medicaid of the purchase at the time of ownership change and is financially liable for the outstanding liabilities to medicaid for one (1) year from the date of purchase or for one (1) year following medicaid's receipt of the provider's medicare final notice of program reimbursement, whichever is later. The purchaser shall be entitled to utilize any means available to it by law to secure and recoup these funds from the selling entity. In addition, purchasers of nursing facilities are responsible for obtaining an accurate accounting and transfer of funds held in trust for medicaid residents at the time of the change of ownership or controlling interest.
(b) If the division of medicaid has not reimbursed a business for medicaid services provided under the medicaid program at the time the business is sold, when such an amount is determined the division of medicaid shall be required to reimburse the person owning the business; provided, that such sale included the sale of such assets.
Acts 1992, ch. 933, §§ 2, 3.
Tenn. Code Ann. § 71-1-106 — TN Code / Title 71 / Chapter 1 / Section 71-1-106
Appointment of chief officer and personnel
Status: in_force

The chief administrative and executive officer of the department shall be appointed by the governor solely on a basis of merit as measured by education, ability, and experience in the administration of public welfare activities and without regard to residence or political affiliation. Such officer shall serve at the pleasure of the governor. Such officer shall have general charge and supervision of the department and shall appoint the heads of such divisions as may be created. The choice of personnel shall be made on the basis of merit as measured by experience and training in each particular field. Vacancies in superior positions shall be filled so far as practicable by promotion based on meritorious service. Acts 1937, ch. 48, § 8; C. Supp. 1950, § 4765.11 (Williams, § 4765.8); T.C.A. (orig. ed.), §§ 14-106, 14-1-106.
The chief administrative and executive officer of the department shall be appointed by the governor solely on a basis of merit as measured by education, ability, and experience in the administration of public welfare activities and without regard to residence or political affiliation. Such officer shall serve at the pleasure of the governor. Such officer shall have general charge and supervision of the department and shall appoint the heads of such divisions as may be created. The choice of personnel shall be made on the basis of merit as measured by experience and training in each particular field. Vacancies in superior positions shall be filled so far as practicable by promotion based on meritorious service.
Acts 1937, ch. 48, § 8; C. Supp. 1950, § 4765.11 (Williams, § 4765.8); T.C.A. (orig. ed.), §§ 14-106, 14-1-106.
Tenn. Code Ann. § 71-3-304 — TN Code / Title 71 / Chapter 3 / Section 71-3-304
Procedure for taking child from institution
Status: in_force

(a) When any child has been placed in any institution organized for the purpose of maintaining, supporting, and educating orphans or destitute children, with the consent of its parents, guardian, or custodian, no parent, guardian, or other person shall have the right to take the child from the institution against the consent of the institution or those in charge of the institution, except by habeas corpus proceedings, in which it shall appear that it is in the best interest of the child to take it from the institution. (b) This section shall apply to all institutions, whether corporations or mere voluntary societies or associations. (c) Any person taking or attempting to take any child from any institution, in violation of this section, commits a Class A misdemeanor, and shall be fined or imprisoned or both, in the discretion of the court. Acts 1911, ch. 2, §§ 1-3; Shan., §§ 4433a81-4433a83; Code 1932, §§ 4709-4711; T.C.A. (orig. ed.), §§ 14-1504; Acts 1989, ch. 591, §§ 1, 6; T.C.A., § 14-9-104.
(a) When any child has been placed in any institution organized for the purpose of maintaining, supporting, and educating orphans or destitute children, with the consent of its parents, guardian, or custodian, no parent, guardian, or other person shall have the right to take the child from the institution against the consent of the institution or those in charge of the institution, except by habeas corpus proceedings, in which it shall appear that it is in the best interest of the child to take it from the institution.
(b) This section shall apply to all institutions, whether corporations or mere voluntary societies or associations.
(c) Any person taking or attempting to take any child from any institution, in violation of this section, commits a Class A misdemeanor, and shall be fined or imprisoned or both, in the discretion of the court.
Acts 1911, ch. 2, §§ 1-3; Shan., §§ 4433a81-4433a83; Code 1932, §§ 4709-4711; T.C.A. (orig. ed.), §§ 14-1504; Acts 1989, ch. 591, §§ 1, 6; T.C.A., § 14-9-104.
Tenn. Code Ann. § 71-2-304 — TN Code / Title 71 / Chapter 2 / Section 71-2-304
Appeal to department by applicant or recipient
Status: in_force

If an application is not acted upon by the regional director, or a designated agent, and the county mayor within a reasonable time after the filing of the application, or is denied in whole or in part, or if any award of medical assistance is modified or cancelled under any provision of this part, the applicant or recipient may appeal to the department in the manner and form prescribed by the department, and shall be afforded a reasonable notice and opportunity for a fair hearing by the department. Written notice of a right to a fair hearing shall be given by the county office to each applicant and recipient at such time as the county office takes any action concerning the amount awarded to the individual or the action on the application of the individual. Acts 1961, ch. 96, § 5; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §§ 14-1605, 14-3-104; Acts 2003, ch. 90, § 2.
If an application is not acted upon by the regional director, or a designated agent, and the county mayor within a reasonable time after the filing of the application, or is denied in whole or in part, or if any award of medical assistance is modified or cancelled under any provision of this part, the applicant or recipient may appeal to the department in the manner and form prescribed by the department, and shall be afforded a reasonable notice and opportunity for a fair hearing by the department. Written notice of a right to a fair hearing shall be given by the county office to each applicant and recipient at such time as the county office takes any action concerning the amount awarded to the individual or the action on the application of the individual.
Acts 1961, ch. 96, § 5; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §§ 14-1605, 14-3-104; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 71-6-110 — TN Code / Title 71 / Chapter 6 / Section 71-6-110
Violation of duty to report
Status: in_force

Any person who fails to make reasonable efforts to make a report required by this chapter or § 39-15-509(a) commits a Class A misdemeanor. Amended by 2018 Tenn. Acts, ch. 1050,s 16, eff. 1/1/2019. Acts 1978, ch. 899, § 1; T.C.A., § 14-2610; Acts 1986, ch. 630, § 15; T.C.A., § 14-25-110; Acts 1989, ch. 591, § 111.
Any person who fails to make reasonable efforts to make a report required by this chapter or § 39-15-509(a) commits a Class A misdemeanor.
Amended by 2018 Tenn. Acts, ch. 1050,s 16, eff. 1/1/2019.
Acts 1978, ch. 899, § 1; T.C.A., § 14-2610; Acts 1986, ch. 630, § 15; T.C.A., § 14-25-110; Acts 1989, ch. 591, § 111.
Tenn. Code Ann. § 71-2-107 — TN Code / Title 71 / Chapter 2 / Section 71-2-107
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Acts 1981, ch. 428, § 8; 1982 ch. 834, § 8; 1984, ch. 943, § 5; T.C.A., § 14-6-107; Acts 2001, ch. 397, § 8; 2012 , ch. 800, § 49; 2012 , ch. 986, § 16.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 8; 1982 ch. 834, § 8; 1984, ch. 943, § 5; T.C.A., § 14-6-107; Acts 2001, ch. 397, § 8; 2012 , ch. 800, § 49; 2012 , ch. 986, § 16.
Tenn. Code Ann. § 71-3-1002 — TN Code / Title 71 / Chapter 3 / Section 71-3-1002
Individual development account demonstration projects
Status: in_force

Six (6) urban and six (6) rural communities in Tennessee, two (2) of each in each grand division, will participate in an individual development account (IDA) demonstration project. Acts 1996, ch. 989, § 2.
Six (6) urban and six (6) rural communities in Tennessee, two (2) of each in each grand division, will participate in an individual development account (IDA) demonstration project.
Acts 1996, ch. 989, § 2.
Tenn. Code Ann. § 71-5-902 — TN Code / Title 71 / Chapter 5 / Section 71-5-902
Poverty reduction plan
Status: in_force

(a) The poverty reduction plan shall: (1) Assess the current and future impact of poverty on the residents of Tennessee; (2) Examine the existing barriers, services and resources addressing the needs of persons living in poverty and their families; and (3) Develop a proposed strategy to mobilize the state response to the poverty crisis; (b) The poverty reduction plan shall include an examination of the following in its assessment and recommendations: (1) A determination of the economic and human impact of poverty in this state; (2) A review of the remedies to reduce the number of individuals and families living in poverty in this state; (3) Information to be utilized as potential legislative remedies for consideration in the one hundred ninth general assembly; and (4) Needed state policies or responses, including directions for the provision of clear and coordinated services and support to persons living in poverty and strategies to address any identified gaps in services. Acts 2014, ch. 934, § 1.
(a) The poverty reduction plan shall: (1) Assess the current and future impact of poverty on the residents of Tennessee; (2) Examine the existing barriers, services and resources addressing the needs of persons living in poverty and their families; and (3) Develop a proposed strategy to mobilize the state response to the poverty crisis;
(1) Assess the current and future impact of poverty on the residents of Tennessee;
(2) Examine the existing barriers, services and resources addressing the needs of persons living in poverty and their families; and
(3) Develop a proposed strategy to mobilize the state response to the poverty crisis;
(b) The poverty reduction plan shall include an examination of the following in its assessment and recommendations: (1) A determination of the economic and human impact of poverty in this state; (2) A review of the remedies to reduce the number of individuals and families living in poverty in this state; (3) Information to be utilized as potential legislative remedies for consideration in the one hundred ninth general assembly; and (4) Needed state policies or responses, including directions for the provision of clear and coordinated services and support to persons living in poverty and strategies to address any identified gaps in services.
(1) A determination of the economic and human impact of poverty in this state;
(2) A review of the remedies to reduce the number of individuals and families living in poverty in this state;
(3) Information to be utilized as potential legislative remedies for consideration in the one hundred ninth general assembly; and
(4) Needed state policies or responses, including directions for the provision of clear and coordinated services and support to persons living in poverty and strategies to address any identified gaps in services.
Acts 2014, ch. 934, § 1.
Tenn. Code Ann. § 71-5-2208 — TN Code / Title 71 / Chapter 5 / Section 71-5-2208
Examination and preservation of accounts
Status: in_force

(a) The book of accounts shall be balanced every year, and, on or before December 31, shall be submitted to the county mayor for settlement, together with the vouchers. (b) If the county mayor finds the account correct, the county mayor shall write beneath the same the words, "examined and approved," and sign the county mayor's name to the book of accounts, and retain the vouchers, and cause them to be placed in the office of the county clerk, and carefully preserved in separate files. Code 1858, § 1603; Shan., § 2687; Code 1932, § 4804; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §§ 14-908, 14-20-208; Acts 2003, ch. 90, § 2.
(a) The book of accounts shall be balanced every year, and, on or before December 31, shall be submitted to the county mayor for settlement, together with the vouchers.
(b) If the county mayor finds the account correct, the county mayor shall write beneath the same the words, "examined and approved," and sign the county mayor's name to the book of accounts, and retain the vouchers, and cause them to be placed in the office of the county clerk, and carefully preserved in separate files.
Code 1858, § 1603; Shan., § 2687; Code 1932, § 4804; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §§ 14-908, 14-20-208; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 71-2-111 — TN Code / Title 71 / Chapter 2 / Section 71-2-111
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Acts 2001, ch. 397, § 12; 2009 , ch. 566, § 12.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 2001, ch. 397, § 12; 2009 , ch. 566, § 12.
Tenn. Code Ann. § 71-3-1107 — TN Code / Title 71 / Chapter 3 / Section 71-3-1107
[Effective until 6/30/2025. See T.C.A. 71-3-1113] Coverage for pregnant women regardless of age
Status: in_force

The department is authorized to provide health care coverage for pregnant women and may provide the coverage consistent with this part, except that no age-related eligibility restrictions shall apply to pregnant women. Acts 2006, ch. 867, § 7.
The department is authorized to provide health care coverage for pregnant women and may provide the coverage consistent with this part, except that no age-related eligibility restrictions shall apply to pregnant women.
Acts 2006, ch. 867, § 7.
Tenn. Code Ann. § 71-5-150 — TN Code / Title 71 / Chapter 5 / Section 71-5-150
Reimbursement for TennCare crossover payments
Status: in_force

The bureau of TennCare shall reimburse pharmacies for covered products and services provided for full benefit dual eligibles as TennCare crossover claims at one hundred percent (100%) of the federal medicare program's allowable charge for participating providers. Acts 2009, ch. 607, § 1.
The bureau of TennCare shall reimburse pharmacies for covered products and services provided for full benefit dual eligibles as TennCare crossover claims at one hundred percent (100%) of the federal medicare program's allowable charge for participating providers.
Acts 2009, ch. 607, § 1.
Tenn. Code Ann. § 71-5-156 — TN Code / Title 71 / Chapter 5 / Section 71-5-156
Development of policy regarding births involving neonatal abstinence syndrome and opiod use by women of childbearing age
Status: in_force

(a) As used in this section: (1) "Bureau" means the bureau of TennCare; and (2) "Managed care organization" or "MCO" means a health maintenance organization, behavioral health organization, or managed health insurance issuer that participates in the TennCare program. (b) The general assembly finds that issues raised by births of children with neonatal abstinence syndrome and the use of opioids by women of childbearing age constitute a critical problem for enrollees in the TennCare program, healthcare providers, the TennCare program, public health, and the fiscal well-being of the state. (c) In order to address issues raised by births of children with neonatal abstinence syndrome and the use of opioids by women of childbearing age in the TennCare program, the bureau is directed to promptly fully review these issues and to develop an appropriate and accountable policy response that includes both primary prevention and secondary prevention. (d) On or before September 1, 2017, the bureau shall issue appropriate requests for information for program initiatives aimed at primary prevention and secondary prevention of births involving neonatal abstinence syndrome and the use of opioids by women of childbearing age enrolled in the TennCare program. (e) (1) Each MCO that participates in the TennCare program shall provide the overall medical loss ratio for the MCO with respect to the TennCare program. The MCO shall also calculate a medical loss ratio with respect to expenditures associated with neonatal abstinence syndrome and the use of opioids by women of childbearing age enrolled in the TennCare program. (2) For purposes of this subsection (e), "medical loss ratio" means the ratio of medical claims and quality improvement activities to the total funds received by the MCO from the bureau pursuant to its contractor risk agreement. (f) Nothing in this section shall affect contracts in effect on June 6, 2017, with the managed care organizations for program services related to opioid use by women of childbearing age enrolled in the TennCare program. (g) The bureau shall report concerning the progress and implementation of the program authorized by this section to the speaker of the house of representatives, the speaker of the senate, the comptroller of the treasury, the chair of the health committee of the house of representatives, and the chair of the health and welfare committee of the senate beginning on September 1, 2017, and thereafter on a quarterly basis. (h) The bureau shall recommend to the general assembly any legislation necessary to implement initiatives selected under subsection (g) on or before January 15, 2018. (i) If the commissioner of finance and administration, in consultation with the bureau, determines that a federal waiver or an amendment to an existing federal waiver is necessary in order to implement initiatives under this section, the commissioner shall promptly apply for an appropriate waiver or waiver amendment to the United States department of health and human services. Added by 2017 Tenn. Acts, ch. 483,s 3, eff. 7/1/2017.
(a) As used in this section: (1) "Bureau" means the bureau of TennCare; and (2) "Managed care organization" or "MCO" means a health maintenance organization, behavioral health organization, or managed health insurance issuer that participates in the TennCare program.
(1) "Bureau" means the bureau of TennCare; and
(2) "Managed care organization" or "MCO" means a health maintenance organization, behavioral health organization, or managed health insurance issuer that participates in the TennCare program.
(b) The general assembly finds that issues raised by births of children with neonatal abstinence syndrome and the use of opioids by women of childbearing age constitute a critical problem for enrollees in the TennCare program, healthcare providers, the TennCare program, public health, and the fiscal well-being of the state.
(c) In order to address issues raised by births of children with neonatal abstinence syndrome and the use of opioids by women of childbearing age in the TennCare program, the bureau is directed to promptly fully review these issues and to develop an appropriate and accountable policy response that includes both primary prevention and secondary prevention.
(d) On or before September 1, 2017, the bureau shall issue appropriate requests for information for program initiatives aimed at primary prevention and secondary prevention of births involving neonatal abstinence syndrome and the use of opioids by women of childbearing age enrolled in the TennCare program.
(e) (1) Each MCO that participates in the TennCare program shall provide the overall medical loss ratio for the MCO with respect to the TennCare program. The MCO shall also calculate a medical loss ratio with respect to expenditures associated with neonatal abstinence syndrome and the use of opioids by women of childbearing age enrolled in the TennCare program. (2) For purposes of this subsection (e), "medical loss ratio" means the ratio of medical claims and quality improvement activities to the total funds received by the MCO from the bureau pursuant to its contractor risk agreement.
(1) Each MCO that participates in the TennCare program shall provide the overall medical loss ratio for the MCO with respect to the TennCare program. The MCO shall also calculate a medical loss ratio with respect to expenditures associated with neonatal abstinence syndrome and the use of opioids by women of childbearing age enrolled in the TennCare program.
(2) For purposes of this subsection (e), "medical loss ratio" means the ratio of medical claims and quality improvement activities to the total funds received by the MCO from the bureau pursuant to its contractor risk agreement.
(f) Nothing in this section shall affect contracts in effect on June 6, 2017, with the managed care organizations for program services related to opioid use by women of childbearing age enrolled in the TennCare program.
(g) The bureau shall report concerning the progress and implementation of the program authorized by this section to the speaker of the house of representatives, the speaker of the senate, the comptroller of the treasury, the chair of the health committee of the house of representatives, and the chair of the health and welfare committee of the senate beginning on September 1, 2017, and thereafter on a quarterly basis.
(h) The bureau shall recommend to the general assembly any legislation necessary to implement initiatives selected under subsection (g) on or before January 15, 2018.
(i) If the commissioner of finance and administration, in consultation with the bureau, determines that a federal waiver or an amendment to an existing federal waiver is necessary in order to implement initiatives under this section, the commissioner shall promptly apply for an appropriate waiver or waiver amendment to the United States department of health and human services.
Added by 2017 Tenn. Acts, ch. 483,s 3, eff. 7/1/2017.
Tenn. Code Ann. § 71-4-1103 — TN Code / Title 71 / Chapter 4 / Section 71-4-1103
Eligibility for assistance
Status: in_force

Assistance shall be granted under this part to any permanently and totally disabled person who: (1) Is eighteen (18) years of age or older; (2) Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the state; provided, that temporary absence from the state, with subsequent returns to the state or intent to return when the purposes of the absence have been accomplished, shall not, for the purpose of this part, interrupt continuity of residence; (3) Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health, and whose spouse is not able to meet the person's needs as determined by the department's standards; (4) (A) Is not an inmate of a public institution and: (i) Is not a patient in an institution for tuberculosis or mental diseases; or (ii) Is not a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis; (B) An inmate of any public institution ineligible under subdivision (4)(A) may, however, make application for such assistance, but the assistance, if granted, shall not begin until after such person ceases to be an inmate; (5) Within five (5) years immediately preceding application or during receipt of assistance, has not in order to evade any provision of this part made an assignment or transfer of property, the proceeds from which at the fair market value, irrespective of the actual consideration received, would under the state standards of need still be available to meet the needs of the individual. Any transfer of property to a husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister, brother-in-law, sister-in-law, nephew or niece, within the period above mentioned, shall be prima facie evidence that the transfer was made with the intent to evade the provisions of this part; (6) Is not receiving for the same month old-age assistance, aid to the blind, or aid to dependent children; (7) Was receiving aid to the permanently and totally disabled benefits during the month of December 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits. Acts 1953, ch. 16, § 2 (Williams, § 4765.154); Acts 1955, ch. 30, § 1; 1955, ch. 125, § 1; 1957, ch. 81, § 3; 1957, ch. 116, § 2; 1965, ch. 9, § 2; 1967, ch. 51, §§ 1, 2; 1970, ch. 487, § 1; 1974, ch. 628, § 8; T.C.A. (orig. ed.), § 14-403; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-103.
Assistance shall be granted under this part to any permanently and totally disabled person who:
(1) Is eighteen (18) years of age or older;
(2) Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the state; provided, that temporary absence from the state, with subsequent returns to the state or intent to return when the purposes of the absence have been accomplished, shall not, for the purpose of this part, interrupt continuity of residence;
(3) Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health, and whose spouse is not able to meet the person's needs as determined by the department's standards;
(4) (A) Is not an inmate of a public institution and: (i) Is not a patient in an institution for tuberculosis or mental diseases; or (ii) Is not a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis; (B) An inmate of any public institution ineligible under subdivision (4)(A) may, however, make application for such assistance, but the assistance, if granted, shall not begin until after such person ceases to be an inmate;
(A) Is not an inmate of a public institution and: (i) Is not a patient in an institution for tuberculosis or mental diseases; or (ii) Is not a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis;
(i) Is not a patient in an institution for tuberculosis or mental diseases; or
(ii) Is not a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis;
(B) An inmate of any public institution ineligible under subdivision (4)(A) may, however, make application for such assistance, but the assistance, if granted, shall not begin until after such person ceases to be an inmate;
(5) Within five (5) years immediately preceding application or during receipt of assistance, has not in order to evade any provision of this part made an assignment or transfer of property, the proceeds from which at the fair market value, irrespective of the actual consideration received, would under the state standards of need still be available to meet the needs of the individual. Any transfer of property to a husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister, brother-in-law, sister-in-law, nephew or niece, within the period above mentioned, shall be prima facie evidence that the transfer was made with the intent to evade the provisions of this part;
(6) Is not receiving for the same month old-age assistance, aid to the blind, or aid to dependent children;
(7) Was receiving aid to the permanently and totally disabled benefits during the month of December 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits.
Acts 1953, ch. 16, § 2 (Williams, § 4765.154); Acts 1955, ch. 30, § 1; 1955, ch. 125, § 1; 1957, ch. 81, § 3; 1957, ch. 116, § 2; 1965, ch. 9, § 2; 1967, ch. 51, §§ 1, 2; 1970, ch. 487, § 1; 1974, ch. 628, § 8; T.C.A. (orig. ed.), § 14-403; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-103.
Tenn. Code Ann. § 71-5-111 — TN Code / Title 71 / Chapter 5 / Section 71-5-111
Investigation - Determination of eligibility
Status: in_force

When an application for medical assistance under this part is filed with the agency designated to determine eligibility under this part, the agency shall promptly make or cause to be made such investigation as it may deem necessary. The object of such investigation shall be to ascertain the fact supporting the application and such other information as may be required. Acts 1968, ch. 551, § 11; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., § 14-1911; Acts 1982, ch. 730, § 11; T.C.A., § 14-23-111.
When an application for medical assistance under this part is filed with the agency designated to determine eligibility under this part, the agency shall promptly make or cause to be made such investigation as it may deem necessary. The object of such investigation shall be to ascertain the fact supporting the application and such other information as may be required.
Acts 1968, ch. 551, § 11; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., § 14-1911; Acts 1982, ch. 730, § 11; T.C.A., § 14-23-111.
Tenn. Code Ann. § 71-6-102 — TN Code / Title 71 / Chapter 6 / Section 71-6-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Abuse or neglect" means: (A) A situation in which a caretaker: (i) Inflicts physical pain, injury, or mental anguish; (ii) Deprives the adult of services that are necessary to maintain the health and welfare of the adult; or (iii) Creates a situation in which the adult is unable to provide or obtain the services that are necessary to maintain the adult's personal health or welfare, including financial abuse as defined in § 36-3-601 ; (B) Transporting an adult and knowingly abandoning, leaving, or failing to provide additional planned transportation for the adult if the adult's caretaker knows, or should know, that: (i) The adult is unable to protect or care for himself or herself without assistance or supervision; and (ii) The caretaker's conduct causes any of the results listed in subdivision (1)(A) or creates a substantial risk of such results; and (C) Self-neglect as defined in this section; (2) "Adult" means a person eighteen (18) years of age or older who because of mental or physical dysfunctioning or advanced age is unable to manage such person's own resources, carry out the activities of daily living, or protect such person from neglect, hazardous or abusive situations without assistance from others and who has no available, willing, and responsibly able person for assistance and who may be in need of protective services; provided, however, that a person eighteen (18) years of age or older who is mentally impaired but still competent shall be deemed to be a person with mental dysfunction for the purposes of this chapter; (3) "Advanced age" means sixty (60) years of age or older; (4) "Capacity to consent" means the mental ability to make a rational decision, which includes the ability to perceive, appreciate all relevant facts and to reach a rational judgment upon such facts. A decision itself to refuse services cannot be the sole evidence for finding the person lacks capacity to consent; (5) "Caretaker": (A) Means an individual or institution who has assumed the duty to provide for the care of the adult by contract or agreement; (B) Includes a parent, spouse, adult child or other relative, both biological or by marriage, who: (i) Resides with or in the same building with or regularly visits the adult; (ii) Knows or reasonably should know of the adult's mental or physical dysfunction or advanced age; and (iii) Knows or reasonably should know that the adult is unable to adequately provide for the adult's own care; (C) Does not mean a financial institution as a caretaker of funds or other assets unless such financial institution has entered into an agreement to act as a trustee of such property or has been appointed by a court of competent jurisdiction to act as a trustee with regard to the property of the adult; and (D) Includes a person who resides in an elderly person's or disabled adult's personal residence and has assumed the duty to provide care for the elderly person or disabled adult or another person, including a spouse, child, or relative of the elderly person or disabled adult, who also resides in the elderly person's or disabled adult's personal residence and who knows or reasonably should know of the elderly person's or disabled adult's mental or physical dysfunction or advanced age; (6) "Commissioner" means the commissioner of human services; (7) "Department" means the department of human services; (8) "Exploitation" means the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult; (9) "Imminent danger" means conditions calculated to and capable of producing within a relatively short period of time a reasonable probability of resultant irreparable physical or mental harm or the cessation of life, or both, if such conditions are not removed or alleviated; (10) "Investigation" includes, but is not limited to, a personal interview with the individual reported to be abused, neglected, or exploited. When abuse or neglect is allegedly the cause of death, a coroner's or doctor's report shall be examined as part of the investigation; (11) "Protective services" means services undertaken by the department with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. These services may include, but are not limited to, conducting investigations of complaints of possible abuse, neglect, or exploitation to ascertain whether or not the situation and condition of the adult in need of protective services warrants further action; social services aimed at preventing and remedying abuse, neglect, and exploitation; services directed toward seeking legal determination of whether the adult in need of protective services has been abused, neglected or exploited and procurement of suitable care in or out of the adult's home; (12) "Relative" means spouse; child, including stepchild, adopted child or foster child; parents, including stepparents, adoptive parents or foster parents; siblings of the whole or half-blood; step-siblings; grandparents; grandchildren, of any degree; and aunts, uncles, nieces and nephews; (13) "Self-neglect" means an adult's inability, due to physical or cognitive impairment, including diminished capacity, to provide or obtain services, including medical services, necessary to maintain the adult's own health or welfare; and (14) "Sexual abuse" occurs when an adult, as defined in this chapter, is forced, tricked, threatened or otherwise coerced by a person into sexual activity, involuntary exposure to sexually explicit material or language, or sexual contact against such adult's will. Sexual abuse also occurs when an adult, as defined in this chapter, is unable to give consent to such sexual activities or contact and is engaged in such activities or contact with another person. Amended by 2024 Tenn. Acts, ch. 772,s 2, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 512,s 2, eff. 2/28/2024. Amended by 2024 Tenn. Acts, ch. 512,s 1, eff. 2/28/2024. Amended by 2023 Tenn. Acts, ch. 277, s 3, eff. 4/28/2023. Amended by 2016 Tenn. Acts, ch. 1044, s 8, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 431, s 1, eff. 7/1/2013. Acts 1978, ch. 899, § 1; T.C.A., § 14-2602; Acts 1980, ch. 513, § 2; 1986, ch. 630, §§ 2, 3; T.C.A., § 14-25-102; Acts 1995, ch. 486, §§ 1, 2, 9, 17; 1996, ch. 1029, § 1; 2004, ch. 780, § 4; 2009 , ch. 337, §§ 1, 2; 2010 , ch. 898, § 1.
As used in this part, unless the context otherwise requires:
(1) "Abuse or neglect" means: (A) A situation in which a caretaker: (i) Inflicts physical pain, injury, or mental anguish; (ii) Deprives the adult of services that are necessary to maintain the health and welfare of the adult; or (iii) Creates a situation in which the adult is unable to provide or obtain the services that are necessary to maintain the adult's personal health or welfare, including financial abuse as defined in § 36-3-601 ; (B) Transporting an adult and knowingly abandoning, leaving, or failing to provide additional planned transportation for the adult if the adult's caretaker knows, or should know, that: (i) The adult is unable to protect or care for himself or herself without assistance or supervision; and (ii) The caretaker's conduct causes any of the results listed in subdivision (1)(A) or creates a substantial risk of such results; and (C) Self-neglect as defined in this section;
(A) A situation in which a caretaker: (i) Inflicts physical pain, injury, or mental anguish; (ii) Deprives the adult of services that are necessary to maintain the health and welfare of the adult; or (iii) Creates a situation in which the adult is unable to provide or obtain the services that are necessary to maintain the adult's personal health or welfare, including financial abuse as defined in § 36-3-601 ;
(i) Inflicts physical pain, injury, or mental anguish;
(ii) Deprives the adult of services that are necessary to maintain the health and welfare of the adult; or
(iii) Creates a situation in which the adult is unable to provide or obtain the services that are necessary to maintain the adult's personal health or welfare, including financial abuse as defined in § 36-3-601 ;
(B) Transporting an adult and knowingly abandoning, leaving, or failing to provide additional planned transportation for the adult if the adult's caretaker knows, or should know, that: (i) The adult is unable to protect or care for himself or herself without assistance or supervision; and (ii) The caretaker's conduct causes any of the results listed in subdivision (1)(A) or creates a substantial risk of such results; and
(i) The adult is unable to protect or care for himself or herself without assistance or supervision; and
(ii) The caretaker's conduct causes any of the results listed in subdivision (1)(A) or creates a substantial risk of such results; and
(C) Self-neglect as defined in this section;
(2) "Adult" means a person eighteen (18) years of age or older who because of mental or physical dysfunctioning or advanced age is unable to manage such person's own resources, carry out the activities of daily living, or protect such person from neglect, hazardous or abusive situations without assistance from others and who has no available, willing, and responsibly able person for assistance and who may be in need of protective services; provided, however, that a person eighteen (18) years of age or older who is mentally impaired but still competent shall be deemed to be a person with mental dysfunction for the purposes of this chapter;
(3) "Advanced age" means sixty (60) years of age or older;
(4) "Capacity to consent" means the mental ability to make a rational decision, which includes the ability to perceive, appreciate all relevant facts and to reach a rational judgment upon such facts. A decision itself to refuse services cannot be the sole evidence for finding the person lacks capacity to consent;
(5) "Caretaker": (A) Means an individual or institution who has assumed the duty to provide for the care of the adult by contract or agreement; (B) Includes a parent, spouse, adult child or other relative, both biological or by marriage, who: (i) Resides with or in the same building with or regularly visits the adult; (ii) Knows or reasonably should know of the adult's mental or physical dysfunction or advanced age; and (iii) Knows or reasonably should know that the adult is unable to adequately provide for the adult's own care; (C) Does not mean a financial institution as a caretaker of funds or other assets unless such financial institution has entered into an agreement to act as a trustee of such property or has been appointed by a court of competent jurisdiction to act as a trustee with regard to the property of the adult; and (D) Includes a person who resides in an elderly person's or disabled adult's personal residence and has assumed the duty to provide care for the elderly person or disabled adult or another person, including a spouse, child, or relative of the elderly person or disabled adult, who also resides in the elderly person's or disabled adult's personal residence and who knows or reasonably should know of the elderly person's or disabled adult's mental or physical dysfunction or advanced age;
(A) Means an individual or institution who has assumed the duty to provide for the care of the adult by contract or agreement;
(B) Includes a parent, spouse, adult child or other relative, both biological or by marriage, who: (i) Resides with or in the same building with or regularly visits the adult; (ii) Knows or reasonably should know of the adult's mental or physical dysfunction or advanced age; and (iii) Knows or reasonably should know that the adult is unable to adequately provide for the adult's own care;
(i) Resides with or in the same building with or regularly visits the adult;
(ii) Knows or reasonably should know of the adult's mental or physical dysfunction or advanced age; and
(iii) Knows or reasonably should know that the adult is unable to adequately provide for the adult's own care;
(C) Does not mean a financial institution as a caretaker of funds or other assets unless such financial institution has entered into an agreement to act as a trustee of such property or has been appointed by a court of competent jurisdiction to act as a trustee with regard to the property of the adult; and
(D) Includes a person who resides in an elderly person's or disabled adult's personal residence and has assumed the duty to provide care for the elderly person or disabled adult or another person, including a spouse, child, or relative of the elderly person or disabled adult, who also resides in the elderly person's or disabled adult's personal residence and who knows or reasonably should know of the elderly person's or disabled adult's mental or physical dysfunction or advanced age;
(6) "Commissioner" means the commissioner of human services;
(7) "Department" means the department of human services;
(8) "Exploitation" means the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult;
(9) "Imminent danger" means conditions calculated to and capable of producing within a relatively short period of time a reasonable probability of resultant irreparable physical or mental harm or the cessation of life, or both, if such conditions are not removed or alleviated;
(10) "Investigation" includes, but is not limited to, a personal interview with the individual reported to be abused, neglected, or exploited. When abuse or neglect is allegedly the cause of death, a coroner's or doctor's report shall be examined as part of the investigation;
(11) "Protective services" means services undertaken by the department with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. These services may include, but are not limited to, conducting investigations of complaints of possible abuse, neglect, or exploitation to ascertain whether or not the situation and condition of the adult in need of protective services warrants further action; social services aimed at preventing and remedying abuse, neglect, and exploitation; services directed toward seeking legal determination of whether the adult in need of protective services has been abused, neglected or exploited and procurement of suitable care in or out of the adult's home;
(12) "Relative" means spouse; child, including stepchild, adopted child or foster child; parents, including stepparents, adoptive parents or foster parents; siblings of the whole or half-blood; step-siblings; grandparents; grandchildren, of any degree; and aunts, uncles, nieces and nephews;
(13) "Self-neglect" means an adult's inability, due to physical or cognitive impairment, including diminished capacity, to provide or obtain services, including medical services, necessary to maintain the adult's own health or welfare; and
(14) "Sexual abuse" occurs when an adult, as defined in this chapter, is forced, tricked, threatened or otherwise coerced by a person into sexual activity, involuntary exposure to sexually explicit material or language, or sexual contact against such adult's will. Sexual abuse also occurs when an adult, as defined in this chapter, is unable to give consent to such sexual activities or contact and is engaged in such activities or contact with another person.
Amended by 2024 Tenn. Acts, ch. 772,s 2, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 512,s 2, eff. 2/28/2024.
Amended by 2024 Tenn. Acts, ch. 512,s 1, eff. 2/28/2024.
Amended by 2023 Tenn. Acts, ch. 277, s 3, eff. 4/28/2023.
Amended by 2016 Tenn. Acts, ch. 1044, s 8, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 431, s 1, eff. 7/1/2013.
Acts 1978, ch. 899, § 1; T.C.A., § 14-2602; Acts 1980, ch. 513, § 2; 1986, ch. 630, §§ 2, 3; T.C.A., § 14-25-102; Acts 1995, ch. 486, §§ 1, 2, 9, 17; 1996, ch. 1029, § 1; 2004, ch. 780, § 4; 2009 , ch. 337, §§ 1, 2; 2010 , ch. 898, § 1.
Tenn. Code Ann. § 71-3-612 — TN Code / Title 71 / Chapter 3 / Section 71-3-612
County contributions to expenses
Status: in_force

The expenses of such asylum shall be met as follows, to wit: at the end of each fiscal year, each of the boards of managers shall make a statement of the financial condition of the asylum under its control, which shall especially show how much the necessary expenses of the asylum exceeded its income, and this excess shall be paid by the several counties that had a child or children in the asylum for any part of the fiscal year; each county shall pay so much per capita according to the number of children from that county in the asylum and the length of time that they were there. Of all these particulars, strict, accurate, and systematic accounts shall be kept by the officers of the board, and when the pro rata of any county shall be thus ascertained and a statement of the pro rata has been brought to the notice of the county mayor or financial agent of any such county, it shall be that person's duty forthwith to draw that person's warrant on the county trustee of the county in payment of the same. No county shall be liable to pay at a greater rate than fifty dollars ($50.00) per capita per annum for each child it had in the asylum, and no county shall pay any expenses of any children of that county unless the child or children be apprenticed to or sent to the asylum by the proper authorities, and by proper orders of the county legislative body. Acts 1885, ch. 92, § 6; Shan., § 4349; Code 1932, § 4578; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §§ 14-1212, 14-11-112; Acts 2003, ch. 90, § 2.
The expenses of such asylum shall be met as follows, to wit: at the end of each fiscal year, each of the boards of managers shall make a statement of the financial condition of the asylum under its control, which shall especially show how much the necessary expenses of the asylum exceeded its income, and this excess shall be paid by the several counties that had a child or children in the asylum for any part of the fiscal year; each county shall pay so much per capita according to the number of children from that county in the asylum and the length of time that they were there. Of all these particulars, strict, accurate, and systematic accounts shall be kept by the officers of the board, and when the pro rata of any county shall be thus ascertained and a statement of the pro rata has been brought to the notice of the county mayor or financial agent of any such county, it shall be that person's duty forthwith to draw that person's warrant on the county trustee of the county in payment of the same. No county shall be liable to pay at a greater rate than fifty dollars ($50.00) per capita per annum for each child it had in the asylum, and no county shall pay any expenses of any children of that county unless the child or children be apprenticed to or sent to the asylum by the proper authorities, and by proper orders of the county legislative body.
Acts 1885, ch. 92, § 6; Shan., § 4349; Code 1932, § 4578; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §§ 14-1212, 14-11-112; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 71-3-519 — TN Code / Title 71 / Chapter 3 / Section 71-3-519
Designation of staff person to serve as liaison to provide official, uniform message
Status: in_force

The commissioner shall designate a specific departmental staff person to serve, in addition to the staff person's other duties, as a liaison to provide an official, uniform message to child care providers, community stakeholders, department child care staff, and partner agencies, using all appropriate channels of communication. Added by 2021 Tenn. Acts, ch. 406, s 1, eff. 5/12/2021.
The commissioner shall designate a specific departmental staff person to serve, in addition to the staff person's other duties, as a liaison to provide an official, uniform message to child care providers, community stakeholders, department child care staff, and partner agencies, using all appropriate channels of communication.
Added by 2021 Tenn. Acts, ch. 406, s 1, eff. 5/12/2021.
Tenn. Code Ann. § 71-3-122 — TN Code / Title 71 / Chapter 3 / Section 71-3-122
Prosecution of deserting spouse or parent
Status: in_force

Whenever any dependent spouse or dependent child shall make an application to the county office of the department for an aid and services to needy families with children grant, and an investigation of the circumstances of the applicant reveals that the applicant was put in such needy circumstances by reason of the fact that the dependent spouse was deserted or abandoned by that spouse's or the child's parent, then it shall be the duty of the county office to notify the chief counsel of the department, whose duty it shall be to certify such fact to the prosecuting attorney of the county, who shall institute the necessary criminal proceedings against the spouse or parent who has deserted the dependent spouse or family. Acts 1951, ch. 257, § 1 (Williams, § 4765.53b); 1963, ch. 129, § 1; 1976, ch. 754, § 1; T.C.A. (orig. ed.), §§ 14-322, 14-8-122.
Whenever any dependent spouse or dependent child shall make an application to the county office of the department for an aid and services to needy families with children grant, and an investigation of the circumstances of the applicant reveals that the applicant was put in such needy circumstances by reason of the fact that the dependent spouse was deserted or abandoned by that spouse's or the child's parent, then it shall be the duty of the county office to notify the chief counsel of the department, whose duty it shall be to certify such fact to the prosecuting attorney of the county, who shall institute the necessary criminal proceedings against the spouse or parent who has deserted the dependent spouse or family.
Acts 1951, ch. 257, § 1 (Williams, § 4765.53b); 1963, ch. 129, § 1; 1976, ch. 754, § 1; T.C.A. (orig. ed.), §§ 14-322, 14-8-122.
Tenn. Code Ann. § 71-5-163 — TN Code / Title 71 / Chapter 5 / Section 71-5-163
Submission of waiver in order to provide medical assistance to TennCare ll waiver population by means of block grant
Status: in_force

(a) The governor, acting through the commissioner of finance and administration, is directed to submit to the federal centers for medicare and medicaid services a waiver amendment to the existing TennCare II waiver, or to submit a new waiver, in order to provide medical assistance to the TennCare II waiver population by means of a block grant in accordance with this section no later than one hundred eighty (180) days after May 24, 2019. The block grant authorized by this section may convert the federal share of all medical assistance funding for this state into an allotment that is tailored to meet the needs of this state and that: (1) When determining the base amount for the block grant, factors the current inaccurate reflection of the state's labor costs in the state's Medicare Wage Index and the index's negative impact on healthcare delivery in this state; (2) Is indexed for population growth; (3) Is indexed for inflation and other costs; (4) Excludes from the block grant financing amount any expenses that are not included in the state's existing 1115 demonstration waiver; (5) Excludes administrative costs from the block grant financing amount and permits the state to continue to draw federal matching funds for administrative costs; (6) Provides the state with maximum flexibility with regard to existing federal mandates and regulations and with implementing cost controls as determined appropriate by the state, and either exempts the state from the requirements of any new mandates, regulations, or federal court orders during the period of block grant financing or increases the amount of block grant financing to offset any cost increases to the state from such mandates, regulations, or federal court orders; (7) Provides the state with maximum flexibility regarding pharmacy benefits including fluctuation of prescription drug costs, diabetic testing supplies, and over-the-counter medications; (8) Provides the state with maximum flexibility to serve other needy populations with distinct financial or healthcare needs; and (9) Remains at the level set according to the block grant without any decrease in the federal share of all medical assistance funding for this state based on deflation or a reduction in population. (b) A waiver amendment to the existing TennCare II waiver requested pursuant to subsection (a), if approved by the federal government and the commissioner of finance and administration, does not take effect unless subsequently authorized by joint resolution of the general assembly. Added by 2019 Tenn. Acts, ch. 481,s 1, eff. 5/24/2019.
(a) The governor, acting through the commissioner of finance and administration, is directed to submit to the federal centers for medicare and medicaid services a waiver amendment to the existing TennCare II waiver, or to submit a new waiver, in order to provide medical assistance to the TennCare II waiver population by means of a block grant in accordance with this section no later than one hundred eighty (180) days after May 24, 2019. The block grant authorized by this section may convert the federal share of all medical assistance funding for this state into an allotment that is tailored to meet the needs of this state and that: (1) When determining the base amount for the block grant, factors the current inaccurate reflection of the state's labor costs in the state's Medicare Wage Index and the index's negative impact on healthcare delivery in this state; (2) Is indexed for population growth; (3) Is indexed for inflation and other costs; (4) Excludes from the block grant financing amount any expenses that are not included in the state's existing 1115 demonstration waiver; (5) Excludes administrative costs from the block grant financing amount and permits the state to continue to draw federal matching funds for administrative costs; (6) Provides the state with maximum flexibility with regard to existing federal mandates and regulations and with implementing cost controls as determined appropriate by the state, and either exempts the state from the requirements of any new mandates, regulations, or federal court orders during the period of block grant financing or increases the amount of block grant financing to offset any cost increases to the state from such mandates, regulations, or federal court orders; (7) Provides the state with maximum flexibility regarding pharmacy benefits including fluctuation of prescription drug costs, diabetic testing supplies, and over-the-counter medications; (8) Provides the state with maximum flexibility to serve other needy populations with distinct financial or healthcare needs; and (9) Remains at the level set according to the block grant without any decrease in the federal share of all medical assistance funding for this state based on deflation or a reduction in population.
(1) When determining the base amount for the block grant, factors the current inaccurate reflection of the state's labor costs in the state's Medicare Wage Index and the index's negative impact on healthcare delivery in this state;
(2) Is indexed for population growth;
(3) Is indexed for inflation and other costs;
(4) Excludes from the block grant financing amount any expenses that are not included in the state's existing 1115 demonstration waiver;
(5) Excludes administrative costs from the block grant financing amount and permits the state to continue to draw federal matching funds for administrative costs;
(6) Provides the state with maximum flexibility with regard to existing federal mandates and regulations and with implementing cost controls as determined appropriate by the state, and either exempts the state from the requirements of any new mandates, regulations, or federal court orders during the period of block grant financing or increases the amount of block grant financing to offset any cost increases to the state from such mandates, regulations, or federal court orders;
(7) Provides the state with maximum flexibility regarding pharmacy benefits including fluctuation of prescription drug costs, diabetic testing supplies, and over-the-counter medications;
(8) Provides the state with maximum flexibility to serve other needy populations with distinct financial or healthcare needs; and
(9) Remains at the level set according to the block grant without any decrease in the federal share of all medical assistance funding for this state based on deflation or a reduction in population.
(b) A waiver amendment to the existing TennCare II waiver requested pursuant to subsection (a), if approved by the federal government and the commissioner of finance and administration, does not take effect unless subsequently authorized by joint resolution of the general assembly.
Added by 2019 Tenn. Acts, ch. 481,s 1, eff. 5/24/2019.
Tenn. Code Ann. § 71-4-612 — TN Code / Title 71 / Chapter 4 / Section 71-4-612
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, § 4.
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, § 4.
Tenn. Code Ann. § 71-5-157 — TN Code / Title 71 / Chapter 5 / Section 71-5-157
Establishment of state policy to avoid use of state funds for elective abortions
Status: in_force

(a) It is the policy of the state to favor childbirth as integral to the health and welfare of the citizens of the state and therefore to favor family planning services that do not include elective abortions or the promotion of elective abortions within the continuum of care or services offered by the provider and to avoid the direct or indirect use of state funds to promote or support elective abortions. (b) In furtherance of this state policy, a waiver amendment to the existing TennCare II waiver that requires elective abortion providers be excluded from participation as providers in the TennCare program shall be submitted to the federal centers for medicare and medicaid services for approval. The waiver amendment shall be implemented within ten (10) business days of approval. (c) For purposes of this section, an "elective abortion provider" means any entity that performed, or operated or maintained a facility that performed, more than fifty (50) abortions in the previous year, or any affiliate of such an entity. (d) This section does not affect compliance with § 9-4-5116 . Acts 2018, ch. 682, § 1.
(a) It is the policy of the state to favor childbirth as integral to the health and welfare of the citizens of the state and therefore to favor family planning services that do not include elective abortions or the promotion of elective abortions within the continuum of care or services offered by the provider and to avoid the direct or indirect use of state funds to promote or support elective abortions.
(b) In furtherance of this state policy, a waiver amendment to the existing TennCare II waiver that requires elective abortion providers be excluded from participation as providers in the TennCare program shall be submitted to the federal centers for medicare and medicaid services for approval. The waiver amendment shall be implemented within ten (10) business days of approval.
(c) For purposes of this section, an "elective abortion provider" means any entity that performed, or operated or maintained a facility that performed, more than fifty (50) abortions in the previous year, or any affiliate of such an entity.
(d) This section does not affect compliance with § 9-4-5116 .
Acts 2018, ch. 682, § 1.
Tenn. Code Ann. § 71-6-302 — TN Code / Title 71 / Chapter 6 / Section 71-6-302
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "Department" means the department of finance and administration; (2) "Sexual assault" includes victims of any of the sexual offenses set out in § 40-24-108(b)(2) ; (3) "Sexual assault crisis intervention" includes, but is not limited to: (A) A 24-hour hotline for victims of sexual assault staffed by a trained person; (B) Counseling for sexual assault victims and their families and friends; (C) Accompaniment of victims of sexual assault to courts, hospitals, district attorneys generals' offices, law enforcement, or victim/witness coordinators offices; (D) Information and referrals for victims of sexual assault; (E) Advocacy with law enforcement, criminal justice, medical, mental health, school, and other related systems on behalf of sexual assault victims; and (F) Educational programs for allied professionals and the general public on sexual assault; (4) "Sexual assault program" means a program that provides sexual assault program services; and (5) "Sexual assault program services" means free sexual assault crisis intervention provided by a community-based program to persons who have been victims of a sexual assault and to their families and friends. Acts 2003, ch. 304, § 2.
As used in this part, unless the context requires otherwise:
(1) "Department" means the department of finance and administration;
(2) "Sexual assault" includes victims of any of the sexual offenses set out in § 40-24-108(b)(2) ;
(3) "Sexual assault crisis intervention" includes, but is not limited to: (A) A 24-hour hotline for victims of sexual assault staffed by a trained person; (B) Counseling for sexual assault victims and their families and friends; (C) Accompaniment of victims of sexual assault to courts, hospitals, district attorneys generals' offices, law enforcement, or victim/witness coordinators offices; (D) Information and referrals for victims of sexual assault; (E) Advocacy with law enforcement, criminal justice, medical, mental health, school, and other related systems on behalf of sexual assault victims; and (F) Educational programs for allied professionals and the general public on sexual assault;
(A) A 24-hour hotline for victims of sexual assault staffed by a trained person;
(B) Counseling for sexual assault victims and their families and friends;
(C) Accompaniment of victims of sexual assault to courts, hospitals, district attorneys generals' offices, law enforcement, or victim/witness coordinators offices;
(D) Information and referrals for victims of sexual assault;
(E) Advocacy with law enforcement, criminal justice, medical, mental health, school, and other related systems on behalf of sexual assault victims; and
(F) Educational programs for allied professionals and the general public on sexual assault;
(4) "Sexual assault program" means a program that provides sexual assault program services; and
(5) "Sexual assault program services" means free sexual assault crisis intervention provided by a community-based program to persons who have been victims of a sexual assault and to their families and friends.
Acts 2003, ch. 304, § 2.
Tenn. Code Ann. § 71-5-602 — TN Code / Title 71 / Chapter 5 / Section 71-5-602
Federal waiver authority for matching funds
Status: in_force

The commissioner is directed to identify, apply for and negotiate for federal waiver authority for matching funds to support the provision of coverage under this part, which may include innovative approaches and solutions, which may include, but are not limited to, support for health insurance subsidies. Acts 2006, ch. 961, § 3.
The commissioner is directed to identify, apply for and negotiate for federal waiver authority for matching funds to support the provision of coverage under this part, which may include innovative approaches and solutions, which may include, but are not limited to, support for health insurance subsidies.
Acts 2006, ch. 961, § 3.
Tenn. Code Ann. § 71-5-124 — TN Code / Title 71 / Chapter 5 / Section 71-5-124
Duties of department of finance and administration
Status: in_force

(a) The department of finance and administration shall supervise and assist the department of health, which shall be the single state agency as defined in the federal Medicaid Law, Title XIX with respect to all financial matters in the planning and establishment of the medical assistance program as set forth in §§ 71-5-101 - 71-5-120, and after the program is established on July 1, 1969, the department of finance and administration shall perform those functions with respect to such medical assistance programs as are set forth in title 9, chapter 4, part 51. (b) In addition, the commissioner of finance and administration and the comptroller of the treasury have the duty and authority to review and audit such expenditure of funds as may be made under this part either directly or indirectly by any fiscal intermediary, and nothing in this section shall limit the authority of the commissioner of finance and administration to ensure that program expenditures are maintained within legislative appropriations. Acts 1969, ch. 326, § 6; T.C.A., §§ 14-1925, 14-23-124.
(a) The department of finance and administration shall supervise and assist the department of health, which shall be the single state agency as defined in the federal Medicaid Law, Title XIX with respect to all financial matters in the planning and establishment of the medical assistance program as set forth in §§ 71-5-101 - 71-5-120, and after the program is established on July 1, 1969, the department of finance and administration shall perform those functions with respect to such medical assistance programs as are set forth in title 9, chapter 4, part 51.
(b) In addition, the commissioner of finance and administration and the comptroller of the treasury have the duty and authority to review and audit such expenditure of funds as may be made under this part either directly or indirectly by any fiscal intermediary, and nothing in this section shall limit the authority of the commissioner of finance and administration to ensure that program expenditures are maintained within legislative appropriations.
Acts 1969, ch. 326, § 6; T.C.A., §§ 14-1925, 14-23-124.
Tenn. Code Ann. § 71-4-1106 — TN Code / Title 71 / Chapter 4 / Section 71-4-1106
Duties of regional directors
Status: in_force

The regional directors shall administer this part in the counties of their regions, subject to the rules and regulations prescribed by the department pursuant to this part, and shall report to the department at such times and in such manner as the department may direct. Acts 1953, ch. 16, § 5 (Williams, § 4765.157); T.C.A. (orig. ed.), § 14-406; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-106.
The regional directors shall administer this part in the counties of their regions, subject to the rules and regulations prescribed by the department pursuant to this part, and shall report to the department at such times and in such manner as the department may direct.
Acts 1953, ch. 16, § 5 (Williams, § 4765.157); T.C.A. (orig. ed.), § 14-406; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-106.
Tenn. Code Ann. § 71-2-112 — TN Code / Title 71 / Chapter 2 / Section 71-2-112
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Added by 2016 Tenn. Acts, ch. 1044, s 5, eff. 4/28/2016.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Added by 2016 Tenn. Acts, ch. 1044, s 5, eff. 4/28/2016.
Tenn. Code Ann. § 71-5-1507 — TN Code / Title 71 / Chapter 5 / Section 71-5-1507
Annual cost and utilization report
Status: in_force

(a) For the purposes of this part, all ambulance providers shall file an annual cost and utilization report reflecting the most recently completed calendar year. (b) The submitted cost and utilization report must include: (1) Specified data on any vehicle owned or operated by the ambulance provider that is used for the purposes of patient transport; (2) Total number of manual ambulance stretchers; (3) Total number of hydraulic ambulance stretchers; (4) Information regarding twelve-lead cardiac capabilities; (5) Revenue data by payer type; (6) Total transport data by payer type; and (7) Any additional information that is required by the bureau. (c) The cost and utilization report must be filed with the bureau no later than May 31 of each calendar year and must contain data from the previous calendar year. The bureau shall assess a penalty of one hundred dollars ($100) for each day that an ambulance provider does not submit a cost and utilization report in compliance with this section. However, the bureau may waive, in whole or in part, any penalty upon a determination that there is good cause for the waiver. The penalty imposed by this section supersedes any penalty imposed under § 12-4-304 . (d) The comptroller of the treasury is granted audit authority to test the accuracy of any and all cost and utilization reports submitted to the bureau for the purposes of this assessment. Amended by 2022 Tenn. Acts, ch. 1052, Sec.s4, eff. 5/25/2022 and s 8 eff. 7/1/2022. Added by 2020 Tenn. Acts, ch. 643, s 4, eff. 4/1/2020.
(a) For the purposes of this part, all ambulance providers shall file an annual cost and utilization report reflecting the most recently completed calendar year.
(b) The submitted cost and utilization report must include: (1) Specified data on any vehicle owned or operated by the ambulance provider that is used for the purposes of patient transport; (2) Total number of manual ambulance stretchers; (3) Total number of hydraulic ambulance stretchers; (4) Information regarding twelve-lead cardiac capabilities; (5) Revenue data by payer type; (6) Total transport data by payer type; and (7) Any additional information that is required by the bureau.
(1) Specified data on any vehicle owned or operated by the ambulance provider that is used for the purposes of patient transport;
(2) Total number of manual ambulance stretchers;
(3) Total number of hydraulic ambulance stretchers;
(4) Information regarding twelve-lead cardiac capabilities;
(5) Revenue data by payer type;
(6) Total transport data by payer type; and
(7) Any additional information that is required by the bureau.
(c) The cost and utilization report must be filed with the bureau no later than May 31 of each calendar year and must contain data from the previous calendar year. The bureau shall assess a penalty of one hundred dollars ($100) for each day that an ambulance provider does not submit a cost and utilization report in compliance with this section. However, the bureau may waive, in whole or in part, any penalty upon a determination that there is good cause for the waiver. The penalty imposed by this section supersedes any penalty imposed under § 12-4-304 .
(d) The comptroller of the treasury is granted audit authority to test the accuracy of any and all cost and utilization reports submitted to the bureau for the purposes of this assessment.
Amended by 2022 Tenn. Acts, ch. 1052, Sec.s4, eff. 5/25/2022 and s 8 eff. 7/1/2022.
Added by 2020 Tenn. Acts, ch. 643, s 4, eff. 4/1/2020.
Tenn. Code Ann. § 71-5-1010 — TN Code / Title 71 / Chapter 5 / Section 71-5-1010
Termination of fee - Suspension of assessment
Status: in_force

(a) The nursing home annual assessment fee established by this part shall terminate on June 30, 2025. (b) The assessment imposed by this part shall be suspended if the bureau attempts to utilize the money in the account for any use other than permitted by this part. (c) Any assessment fee obligation imposed by § 71-5-1003 shall be suspended to the extent that, and for the period that receipt of the assessment fee by the state results in, a corresponding reduction in federal financial participation under Title XIX of the federal Social Security Act ( 42 U.S.C. § 1396 et seq.). Amended by 2024 Tenn. Acts, ch. 1037,s 8, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 384, s 3, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1059, s 8, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 530, s 9, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 644, s 8, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 423, s 11, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 836, s 9, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 883, s 10, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 360, s 8, eff. 7/1/2015. Acts 2014 , ch. 859, § 1.
(a) The nursing home annual assessment fee established by this part shall terminate on June 30, 2025.
(b) The assessment imposed by this part shall be suspended if the bureau attempts to utilize the money in the account for any use other than permitted by this part.
(c) Any assessment fee obligation imposed by § 71-5-1003 shall be suspended to the extent that, and for the period that receipt of the assessment fee by the state results in, a corresponding reduction in federal financial participation under Title XIX of the federal Social Security Act ( 42 U.S.C. § 1396 et seq.).
Amended by 2024 Tenn. Acts, ch. 1037,s 8, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 384, s 3, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1059, s 8, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 530, s 9, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 644, s 8, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 423, s 11, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 836, s 9, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 883, s 10, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 360, s 8, eff. 7/1/2015.
Acts 2014 , ch. 859, § 1.