Tenn. Code Ann. § 71-5-1003 — TN Code / Title 71 / Chapter 5 / Section 71-5-1003
Payment of assessments - Determination of rate - Time for payment
Status: in_force

(a) Each nursing home shall pay the nursing home assessment in quarterly installments to the account in accordance with this part. In the event of a change of ownership or management of a nursing facility, the successor entity shall be liable for all unpaid nursing home assessment fees, penalties, and interest, and full payment of those fees, penalties, and interest shall be a precondition to the successor entity obtaining a TennCare identification number. (b) The aggregated amount of assessments for all nursing facilities during a fiscal year shall not be less than the amount necessary to fund this part or exceed the maximum amount that may be assessed pursuant to the indirect guarantee threshold as established pursuant to 42 C.F.R. 433.68(f)(3)(i) . The bureau shall determine the assessment rate prospectively for the applicable fiscal year on a per-resident-day basis, exclusive of medicare resident days. The per-resident day assessment rate shall be established pursuant to subsection (c). The bureau shall promulgate rules for facility reporting of non-medicare resident days and for payment of the assessment. (c) The total aggregated amount of assessments for all nursing facilities from July 1, 2024, through June 30, 2025, is equal to six percent (6%) of the net patient service revenue. The total aggregated amount of assessment for all nursing facilities, and the annual assessment determined for each nursing facility, must be established on July 1 of each year. Except as provided in subdivision (c)(8), the bureau may allow for one (1) mid-year adjustment to be established prior to January 1. Once established, neither amount must vary during the fiscal year. Each nursing facility has an annual assessment amount that is determined as follows: (1) A licensed nursing home that is licensed on July 1, 2024, for fifty (50) beds or fewer shall pay an assessment rate equal to two and three-quarters percent (2.75%) of net patient service revenue, divided by all non-medicare days. The facility shall pay the per diem rate for each of its non-medicare days; (2) A licensed nursing home that on July 1, 2024, either operates as part of a continuing care retirement community or is certified only to provide medicare skilled nursing facility services, shall pay an assessment rate equal to two and three-quarters percent (2.75%) of net patient service revenue, divided by all non-medicare days. The facility shall pay the per diem rate for each of its non-medicare days; (3) A licensed nursing home that is licensed on July 1, 2024, and provided thirty-five thousand (35,000) or greater medicaid patient days for the twelve (12) months ending December 31 of the prior year shall pay an assessment rate equal to two and three-quarters percent (2.75%) of net patient service revenue divided by all non-medicare patient days. The facility shall pay the per diem rate for each of its non-medicare days; (4) A new nursing home facility that is initially licensed and commences operations on or after July 1, 2024, shall pay in FY 2024-2025 a prorated assessment equal to two thousand two hundred twenty-five dollars ($2,225) per licensed bed per year, prorated to accrue from the date the nursing facility became licensed. The change in ownership of an existing licensed facility does not meet the requirements of this subdivision (c)(4); (5) A licensed nursing home not meeting the criteria of subdivisions (c)(1)-(4) shall pay an equal per facility annual assessment amount at such amount as is necessary to ensure that the total aggregated amount of assessment for all nursing facilities from July 1, 2024, through June 30, 2025, equals six percent (6%) of the net patient service revenue, when such total aggregated assessment amount is established on July 1 of each year; (6) Any excess collections of per facility annual assessments above the targeted six percent (6%) of the net patient service revenue must be retained in the nursing home assessment trust fund account created under this part. If actual collections of per facility annual assessments do not equal the targeted six percent (6%) of the net patient service revenue, then any shortfall may be made up from funds in the nursing home assessment trust fund account created under this part, or from other appropriations to the TennCare program; (7) A facility that ceases to be licensed by the health facilities commission is not required to pay assessment fees accruing after the date of its licensure termination; and (8) The bureau may modify the amount of the annual assessment for each nursing facility established by this subsection (c) if such modification is necessary to comply with 42 CFR 433.68 . (d) Each nursing home shall pay its nursing home annual assessment fee as set forth in subsection (c) in equal quarterly installments, with the first quarterly installment due on the fifteenth day of the first month of the first quarter of the state fiscal year after the bureau of TennCare has satisfied the requirements of [former] subsection (f) [deleted]. Subsequent installments shall be due on the fifteenth day of the first month of the three (3) successive calendar quarters following the calendar quarter in which the first installment is due. (e) Nursing homes shall not create a separate line-item charge on the bill reflecting the assessment. Amended by 2024 Tenn. Acts, ch. 1037,s 7, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1037,s 6, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1037,s 5, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1037,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1037,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1037,s 2, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 384, s 2, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1119, s 162, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1059, Secs.s 3, s 4, s 5, s 6, s 7 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1059, s 2, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 530, Secs.s 3, s 4, s 5, s 6, s 7 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 530, s 2, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 644, s 2, s 3, s 4, s 5, s 6, s 7 eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 423, s 3, s 4, s 5, s 6, s 7 eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 423, s 2, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 836, s 4, s 5 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 836, s 3, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 377, s 2, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 883, s 2, s 3, s 12 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 883, s 13, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 360, s 4, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 360, s 3, eff. 7/1/2015. Acts 2014 , ch. 859, § 1.
(a) Each nursing home shall pay the nursing home assessment in quarterly installments to the account in accordance with this part. In the event of a change of ownership or management of a nursing facility, the successor entity shall be liable for all unpaid nursing home assessment fees, penalties, and interest, and full payment of those fees, penalties, and interest shall be a precondition to the successor entity obtaining a TennCare identification number.
(b) The aggregated amount of assessments for all nursing facilities during a fiscal year shall not be less than the amount necessary to fund this part or exceed the maximum amount that may be assessed pursuant to the indirect guarantee threshold as established pursuant to 42 C.F.R. 433.68(f)(3)(i) . The bureau shall determine the assessment rate prospectively for the applicable fiscal year on a per-resident-day basis, exclusive of medicare resident days. The per-resident day assessment rate shall be established pursuant to subsection (c). The bureau shall promulgate rules for facility reporting of non-medicare resident days and for payment of the assessment.
(c) The total aggregated amount of assessments for all nursing facilities from July 1, 2024, through June 30, 2025, is equal to six percent (6%) of the net patient service revenue. The total aggregated amount of assessment for all nursing facilities, and the annual assessment determined for each nursing facility, must be established on July 1 of each year. Except as provided in subdivision (c)(8), the bureau may allow for one (1) mid-year adjustment to be established prior to January 1. Once established, neither amount must vary during the fiscal year. Each nursing facility has an annual assessment amount that is determined as follows: (1) A licensed nursing home that is licensed on July 1, 2024, for fifty (50) beds or fewer shall pay an assessment rate equal to two and three-quarters percent (2.75%) of net patient service revenue, divided by all non-medicare days. The facility shall pay the per diem rate for each of its non-medicare days; (2) A licensed nursing home that on July 1, 2024, either operates as part of a continuing care retirement community or is certified only to provide medicare skilled nursing facility services, shall pay an assessment rate equal to two and three-quarters percent (2.75%) of net patient service revenue, divided by all non-medicare days. The facility shall pay the per diem rate for each of its non-medicare days; (3) A licensed nursing home that is licensed on July 1, 2024, and provided thirty-five thousand (35,000) or greater medicaid patient days for the twelve (12) months ending December 31 of the prior year shall pay an assessment rate equal to two and three-quarters percent (2.75%) of net patient service revenue divided by all non-medicare patient days. The facility shall pay the per diem rate for each of its non-medicare days; (4) A new nursing home facility that is initially licensed and commences operations on or after July 1, 2024, shall pay in FY 2024-2025 a prorated assessment equal to two thousand two hundred twenty-five dollars ($2,225) per licensed bed per year, prorated to accrue from the date the nursing facility became licensed. The change in ownership of an existing licensed facility does not meet the requirements of this subdivision (c)(4); (5) A licensed nursing home not meeting the criteria of subdivisions (c)(1)-(4) shall pay an equal per facility annual assessment amount at such amount as is necessary to ensure that the total aggregated amount of assessment for all nursing facilities from July 1, 2024, through June 30, 2025, equals six percent (6%) of the net patient service revenue, when such total aggregated assessment amount is established on July 1 of each year; (6) Any excess collections of per facility annual assessments above the targeted six percent (6%) of the net patient service revenue must be retained in the nursing home assessment trust fund account created under this part. If actual collections of per facility annual assessments do not equal the targeted six percent (6%) of the net patient service revenue, then any shortfall may be made up from funds in the nursing home assessment trust fund account created under this part, or from other appropriations to the TennCare program; (7) A facility that ceases to be licensed by the health facilities commission is not required to pay assessment fees accruing after the date of its licensure termination; and (8) The bureau may modify the amount of the annual assessment for each nursing facility established by this subsection (c) if such modification is necessary to comply with 42 CFR 433.68 .
(1) A licensed nursing home that is licensed on July 1, 2024, for fifty (50) beds or fewer shall pay an assessment rate equal to two and three-quarters percent (2.75%) of net patient service revenue, divided by all non-medicare days. The facility shall pay the per diem rate for each of its non-medicare days;
(2) A licensed nursing home that on July 1, 2024, either operates as part of a continuing care retirement community or is certified only to provide medicare skilled nursing facility services, shall pay an assessment rate equal to two and three-quarters percent (2.75%) of net patient service revenue, divided by all non-medicare days. The facility shall pay the per diem rate for each of its non-medicare days;
(3) A licensed nursing home that is licensed on July 1, 2024, and provided thirty-five thousand (35,000) or greater medicaid patient days for the twelve (12) months ending December 31 of the prior year shall pay an assessment rate equal to two and three-quarters percent (2.75%) of net patient service revenue divided by all non-medicare patient days. The facility shall pay the per diem rate for each of its non-medicare days;
(4) A new nursing home facility that is initially licensed and commences operations on or after July 1, 2024, shall pay in FY 2024-2025 a prorated assessment equal to two thousand two hundred twenty-five dollars ($2,225) per licensed bed per year, prorated to accrue from the date the nursing facility became licensed. The change in ownership of an existing licensed facility does not meet the requirements of this subdivision (c)(4);
(5) A licensed nursing home not meeting the criteria of subdivisions (c)(1)-(4) shall pay an equal per facility annual assessment amount at such amount as is necessary to ensure that the total aggregated amount of assessment for all nursing facilities from July 1, 2024, through June 30, 2025, equals six percent (6%) of the net patient service revenue, when such total aggregated assessment amount is established on July 1 of each year;
(6) Any excess collections of per facility annual assessments above the targeted six percent (6%) of the net patient service revenue must be retained in the nursing home assessment trust fund account created under this part. If actual collections of per facility annual assessments do not equal the targeted six percent (6%) of the net patient service revenue, then any shortfall may be made up from funds in the nursing home assessment trust fund account created under this part, or from other appropriations to the TennCare program;
(7) A facility that ceases to be licensed by the health facilities commission is not required to pay assessment fees accruing after the date of its licensure termination; and
(8) The bureau may modify the amount of the annual assessment for each nursing facility established by this subsection (c) if such modification is necessary to comply with 42 CFR 433.68 .
(d) Each nursing home shall pay its nursing home annual assessment fee as set forth in subsection (c) in equal quarterly installments, with the first quarterly installment due on the fifteenth day of the first month of the first quarter of the state fiscal year after the bureau of TennCare has satisfied the requirements of [former] subsection (f) [deleted]. Subsequent installments shall be due on the fifteenth day of the first month of the three (3) successive calendar quarters following the calendar quarter in which the first installment is due.
(e) Nursing homes shall not create a separate line-item charge on the bill reflecting the assessment.
Amended by 2024 Tenn. Acts, ch. 1037,s 7, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1037,s 6, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1037,s 5, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1037,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1037,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1037,s 2, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 384, s 2, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1119, s 162, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1059, Secs.s 3, s 4, s 5, s 6, s 7 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1059, s 2, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 530, Secs.s 3, s 4, s 5, s 6, s 7 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 530, s 2, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 644, s 2, s 3, s 4, s 5, s 6, s 7 eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 423, s 3, s 4, s 5, s 6, s 7 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 423, s 2, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 836, s 4, s 5 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 836, s 3, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 377, s 2, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 883, s 2, s 3, s 12 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 883, s 13, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 360, s 4, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 360, s 3, eff. 7/1/2015.
Acts 2014 , ch. 859, § 1.
Tenn. Code Ann. § 71-2-101 — TN Code / Title 71 / Chapter 2 / Section 71-2-101
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Acts 1981, ch. 428, § 2; 1982, ch. 834, § 2; T.C.A., § 14-6-101; Acts 2001, ch. 397, § 2.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 2; 1982, ch. 834, § 2; T.C.A., § 14-6-101; Acts 2001, ch. 397, § 2.
Tenn. Code Ann. § 71-1-104 — TN Code / Title 71 / Chapter 1 / Section 71-1-104
Succession to previous agencies - Workshop for blind
Status: in_force

(a) The department shall in all respects be the legal successor to the corporate powers, duties, and responsibilities of the commission for the blind, and any other state welfare commissions other than those that may be excepted by § 71-1-105(a)(1) . The department shall succeed to all the rights and obligations of these agencies; provided, that the workshops for the blind located at Nashville and Memphis shall, through this department or by contract with a nonprofit organization or organizations, continue to be operated for the employment of blind persons. (b) Notwithstanding § 12-2-112 or § 12-2-403 , the department has the authority, subject to the approval of the state building commission, to convey ownership of the workshops to any such contractor without financial consideration, including real and personal property, inventory of materials, and stores for resale. The instrument of conveyance to such nonprofit contractor shall provide that the real property and production equipment conveyed, or sufficient remuneration for the real property and production equipment, shall revert to the state at any time the contractor or its successor shall cease operating a workshop for the benefit of the blind, unless the state finds in its sole discretion that it is in the state's best interest to allow such real property and production equipment to be sold to such contractor or contractor's successor at such time as the contractor or contractor's successor shall cease operating a workshop for the benefit of the blind. If the state deems it appropriate to convey such real property and production equipment to the contractor, then the amount of remuneration to be paid by the contractor or its successor to the state shall be determined at the time the real property and production equipment is originally conveyed to the contractor, to be based upon the appraised value of the real property and production equipment at the time of the original conveyance to the contractor. Acts 1937, ch. 48, § 2; 1939, ch. 95, § 3; 1943, ch. 154, § 1; mod. C. Supp. 1950, § 4765.4 (Williams, §§ 4765.2, 4765.3a); modified; T.C.A. (orig. ed.), § 14-140; Acts 1982, ch. 863, § 1; 1986, ch. 829, § 1; T.C.A., § 14-1-104; Acts 2003, ch. 355, § 56.
(a) The department shall in all respects be the legal successor to the corporate powers, duties, and responsibilities of the commission for the blind, and any other state welfare commissions other than those that may be excepted by § 71-1-105(a)(1) . The department shall succeed to all the rights and obligations of these agencies; provided, that the workshops for the blind located at Nashville and Memphis shall, through this department or by contract with a nonprofit organization or organizations, continue to be operated for the employment of blind persons.
(b) Notwithstanding § 12-2-112 or § 12-2-403 , the department has the authority, subject to the approval of the state building commission, to convey ownership of the workshops to any such contractor without financial consideration, including real and personal property, inventory of materials, and stores for resale. The instrument of conveyance to such nonprofit contractor shall provide that the real property and production equipment conveyed, or sufficient remuneration for the real property and production equipment, shall revert to the state at any time the contractor or its successor shall cease operating a workshop for the benefit of the blind, unless the state finds in its sole discretion that it is in the state's best interest to allow such real property and production equipment to be sold to such contractor or contractor's successor at such time as the contractor or contractor's successor shall cease operating a workshop for the benefit of the blind. If the state deems it appropriate to convey such real property and production equipment to the contractor, then the amount of remuneration to be paid by the contractor or its successor to the state shall be determined at the time the real property and production equipment is originally conveyed to the contractor, to be based upon the appraised value of the real property and production equipment at the time of the original conveyance to the contractor.
Acts 1937, ch. 48, § 2; 1939, ch. 95, § 3; 1943, ch. 154, § 1; mod. C. Supp. 1950, § 4765.4 (Williams, §§ 4765.2, 4765.3a); modified; T.C.A. (orig. ed.), § 14-140; Acts 1982, ch. 863, § 1; 1986, ch. 829, § 1; T.C.A., § 14-1-104; Acts 2003, ch. 355, § 56.
Tenn. Code Ann. § 71-3-505 — TN Code / Title 71 / Chapter 3 / Section 71-3-505
Criminal violations
Status: in_force

(a) (1) A person or entity operating a child care agency, as defined in § 71-3-501 , without being licensed by the department commits a Class A misdemeanor. (2) It is a Class E felony for a person or entity to operate a child care agency: (A) While a suspension of a license issued by the department is in effect; (B) Following the effective date of a denial or revocation of a license by the department; or (C) Without being licensed by the department and within ten (10) years of a previous finding by the department that the person or entity operated a child care agency without being licensed by the department. (b) Each day of operation without an effective license constitutes a separate offense. (c) (1) It is unlawful for any person who is an operator, licensee or employee of a child care agency to make any statement, whether written or verbal, knowing such statement is false, including, but not limited to, statements regarding: (A) The number of children in the child care agency; (B) The area of the child care agency used for child care; or (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care agency, when such statement is made to a parent or guardian of a child in the care of such agency, to any state or local official having jurisdiction over such agencies, or to any law enforcement officer. (2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care agency. (3) A violation of subdivision (c)(1) is a Class A misdemeanor. (4) This subsection (c) includes statements made in any child care agency license application that misrepresents or conceals a material fact that would have resulted in the license being denied. (5) In addition to any punishment authorized under this subsection (c), the department may also take any licensure action authorized under this part. Amended by 2022 Tenn. Acts, ch. 985, s 2, eff. 7/1/2022. Acts 2000, ch. 981, § 6.
(a) (1) A person or entity operating a child care agency, as defined in § 71-3-501 , without being licensed by the department commits a Class A misdemeanor. (2) It is a Class E felony for a person or entity to operate a child care agency: (A) While a suspension of a license issued by the department is in effect; (B) Following the effective date of a denial or revocation of a license by the department; or (C) Without being licensed by the department and within ten (10) years of a previous finding by the department that the person or entity operated a child care agency without being licensed by the department.
(1) A person or entity operating a child care agency, as defined in § 71-3-501 , without being licensed by the department commits a Class A misdemeanor.
(2) It is a Class E felony for a person or entity to operate a child care agency: (A) While a suspension of a license issued by the department is in effect; (B) Following the effective date of a denial or revocation of a license by the department; or (C) Without being licensed by the department and within ten (10) years of a previous finding by the department that the person or entity operated a child care agency without being licensed by the department.
(A) While a suspension of a license issued by the department is in effect;
(B) Following the effective date of a denial or revocation of a license by the department; or
(C) Without being licensed by the department and within ten (10) years of a previous finding by the department that the person or entity operated a child care agency without being licensed by the department.
(b) Each day of operation without an effective license constitutes a separate offense.
(c) (1) It is unlawful for any person who is an operator, licensee or employee of a child care agency to make any statement, whether written or verbal, knowing such statement is false, including, but not limited to, statements regarding: (A) The number of children in the child care agency; (B) The area of the child care agency used for child care; or (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care agency, when such statement is made to a parent or guardian of a child in the care of such agency, to any state or local official having jurisdiction over such agencies, or to any law enforcement officer. (2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care agency. (3) A violation of subdivision (c)(1) is a Class A misdemeanor. (4) This subsection (c) includes statements made in any child care agency license application that misrepresents or conceals a material fact that would have resulted in the license being denied. (5) In addition to any punishment authorized under this subsection (c), the department may also take any licensure action authorized under this part.
(1) It is unlawful for any person who is an operator, licensee or employee of a child care agency to make any statement, whether written or verbal, knowing such statement is false, including, but not limited to, statements regarding: (A) The number of children in the child care agency; (B) The area of the child care agency used for child care; or (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care agency, when such statement is made to a parent or guardian of a child in the care of such agency, to any state or local official having jurisdiction over such agencies, or to any law enforcement officer.
(A) The number of children in the child care agency;
(B) The area of the child care agency used for child care; or
(C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care agency, when such statement is made to a parent or guardian of a child in the care of such agency, to any state or local official having jurisdiction over such agencies, or to any law enforcement officer.
(2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care agency.
(3) A violation of subdivision (c)(1) is a Class A misdemeanor.
(4) This subsection (c) includes statements made in any child care agency license application that misrepresents or conceals a material fact that would have resulted in the license being denied.
(5) In addition to any punishment authorized under this subsection (c), the department may also take any licensure action authorized under this part.
Amended by 2022 Tenn. Acts, ch. 985, s 2, eff. 7/1/2022.
Acts 2000, ch. 981, § 6.
Tenn. Code Ann. § 71-5-2306 — TN Code / Title 71 / Chapter 5 / Section 71-5-2306
Supervision of contractors
Status: in_force

The commissioners of the poor are required, if the poor of the county, or any of them, are bound or farmed out, as provided in §§ 71-5-2303 - 71-5-2305, to: (1) Examine and report upon the manner in which such poor are kept and treated; (2) Prescribe the manner in which they shall be maintained and provided for; and (3) Report the result of the examination in the premises, and their conduct; to the county legislative body. Code 1858, § 1613; Shan., § 2697; Code 1932, § 4814; modified; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1006, 14-20-306.
The commissioners of the poor are required, if the poor of the county, or any of them, are bound or farmed out, as provided in §§ 71-5-2303 - 71-5-2305, to:
(1) Examine and report upon the manner in which such poor are kept and treated;
(2) Prescribe the manner in which they shall be maintained and provided for; and
(3) Report the result of the examination in the premises, and their conduct; to the county legislative body.
to the county legislative body.
Code 1858, § 1613; Shan., § 2697; Code 1932, § 4814; modified; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1006, 14-20-306.
Tenn. Code Ann. § 71-4-605 — TN Code / Title 71 / Chapter 4 / Section 71-4-605
Types of services - Workshops - Federal funds - Gifts
Status: in_force

(a) All rehabilitation services, as defined in this part, may be provided under this part to eligible blind handicapped individuals, and in any event, such services shall include training, maintenance, placement, guidance and physical restoration services. (b) Within such limits and under such conditions as may be specified in appropriations for rehabilitation facilities and workshops for the blind, the department may establish rehabilitation facilities and workshops for the blind. (c) (1) Appropriations, federal grants and donations for vocational rehabilitation services for the blind, unless otherwise restricted, shall be available for all vocational rehabilitation services for the blind provided under the state plan for the blind, and for the acquisition of vending stands or other equipment and initial stocks, including livestock, and supplies for use by blind individuals in any type of small business, the operation of which will be improved through management and supervision by the division. (2) State appropriations and donations for vocational rehabilitation of the blind shall likewise be available for the purpose, whenever federal funds are made available to the state under § 3 of the federal vocational rehabilitation of the blind amendments of 1954, for initiating projects for the extension and improvement of vocational rehabilitation services for the blind, or under § 4 of such act for projects for research, demonstrations, training and traineeships, and for planning for an initiating expansion of vocational rehabilitation services for the blind under the state plan for the blind. (3) The general assembly shall appropriate for vocational rehabilitation of the blind such sums as are necessary, along with available federal and other funds, to carry out the purposes of this part. The acceptance of such federal and other funds, and their use for vocational rehabilitation of the blind, subject to such restrictions as may be imposed by the donor and are not inconsistent with this part, is hereby authorized. (d) The state treasurer is hereby designated as the custodian of all funds received from the federal government for the purpose of carrying out any federal statutes pertaining to the vocational rehabilitation of the blind. (e) The director is hereby authorized and empowered with the approval of the commissioner to accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this part. Gifts made under such conditions, as in the judgment of the commissioner are proper and consistent with this part, may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift. Acts 1955, ch. 243, § 5; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-629, 14-14-405.
(a) All rehabilitation services, as defined in this part, may be provided under this part to eligible blind handicapped individuals, and in any event, such services shall include training, maintenance, placement, guidance and physical restoration services.
(b) Within such limits and under such conditions as may be specified in appropriations for rehabilitation facilities and workshops for the blind, the department may establish rehabilitation facilities and workshops for the blind.
(c) (1) Appropriations, federal grants and donations for vocational rehabilitation services for the blind, unless otherwise restricted, shall be available for all vocational rehabilitation services for the blind provided under the state plan for the blind, and for the acquisition of vending stands or other equipment and initial stocks, including livestock, and supplies for use by blind individuals in any type of small business, the operation of which will be improved through management and supervision by the division. (2) State appropriations and donations for vocational rehabilitation of the blind shall likewise be available for the purpose, whenever federal funds are made available to the state under § 3 of the federal vocational rehabilitation of the blind amendments of 1954, for initiating projects for the extension and improvement of vocational rehabilitation services for the blind, or under § 4 of such act for projects for research, demonstrations, training and traineeships, and for planning for an initiating expansion of vocational rehabilitation services for the blind under the state plan for the blind. (3) The general assembly shall appropriate for vocational rehabilitation of the blind such sums as are necessary, along with available federal and other funds, to carry out the purposes of this part. The acceptance of such federal and other funds, and their use for vocational rehabilitation of the blind, subject to such restrictions as may be imposed by the donor and are not inconsistent with this part, is hereby authorized.
(1) Appropriations, federal grants and donations for vocational rehabilitation services for the blind, unless otherwise restricted, shall be available for all vocational rehabilitation services for the blind provided under the state plan for the blind, and for the acquisition of vending stands or other equipment and initial stocks, including livestock, and supplies for use by blind individuals in any type of small business, the operation of which will be improved through management and supervision by the division.
(2) State appropriations and donations for vocational rehabilitation of the blind shall likewise be available for the purpose, whenever federal funds are made available to the state under § 3 of the federal vocational rehabilitation of the blind amendments of 1954, for initiating projects for the extension and improvement of vocational rehabilitation services for the blind, or under § 4 of such act for projects for research, demonstrations, training and traineeships, and for planning for an initiating expansion of vocational rehabilitation services for the blind under the state plan for the blind.
(3) The general assembly shall appropriate for vocational rehabilitation of the blind such sums as are necessary, along with available federal and other funds, to carry out the purposes of this part. The acceptance of such federal and other funds, and their use for vocational rehabilitation of the blind, subject to such restrictions as may be imposed by the donor and are not inconsistent with this part, is hereby authorized.
(d) The state treasurer is hereby designated as the custodian of all funds received from the federal government for the purpose of carrying out any federal statutes pertaining to the vocational rehabilitation of the blind.
(e) The director is hereby authorized and empowered with the approval of the commissioner to accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this part. Gifts made under such conditions, as in the judgment of the commissioner are proper and consistent with this part, may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift.
Acts 1955, ch. 243, § 5; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-629, 14-14-405.
Tenn. Code Ann. § 71-5-1508 — TN Code / Title 71 / Chapter 5 / Section 71-5-1508
Ambulance service assessment revenue fund
Status: in_force

(a) There is created a special agency account in the state general fund to be known as the "ambulance service assessment revenue fund," referred to in this part as the "fund." The fund must continue without interruptions and must be operated in accordance with this section. (b) Unless otherwise specified in this part, revenue generated from the following sources must be deposited in the fund: (1) Assessments collected by the bureau under this part; (2) Penalties collected by the bureau under this part; (3) Donations to the fund from private sources; and (4) Investment earnings credited to the fund. (c) Any fund balance remaining unexpended at the end of a fiscal year carries forward into the subsequent fiscal year and must not be diverted to the general fund or any other public fund. (d) Interest accruing on investments and deposits of the fund carries forward into the subsequent fiscal year and must not be diverted to the general fund or any other public fund. (e) The state treasurer shall invest the moneys in the fund in accordance with § 9-4-603 . The bureau shall administer the funds. (f) Moneys in the fund must not be diverted to the general fund or any other public fund or any other third party, and moneys in the fund may only be used to: (1) Create directed payments for qualified ground ambulance services as determined by the bureau and as authorized by the centers for medicare and medicaid services; and (2) Reimburse the amounts designated in § 71-5-1505 for the purpose of administrative expenses. (g) In the event that this part is rendered invalid and void: (1) To the extent federal matching is not reduced due to the impermissibility of the assessments, the bureau shall disburse pursuant to subsection (f) the moneys remaining in the fund that were derived from assessments imposed by this part and deposited before the occurrence of the invalidating event; (2) Following disbursement of moneys in the fund pursuant to subdivision (g)(1), the bureau shall refund any remaining moneys to each ambulance provider in proportion to the amount paid by the respective provider during the most recently completed quarterly payment period; and (3) The invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are severable. It is the legislative intent that the directed payments referenced in this part must not be made if the state cannot generate the non-federal share of the payments through the ground ambulance provider assessment. Amended by 2022 Tenn. Acts, ch. 1052, s 5, eff. 5/25/2022. Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018. Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.
(a) There is created a special agency account in the state general fund to be known as the "ambulance service assessment revenue fund," referred to in this part as the "fund." The fund must continue without interruptions and must be operated in accordance with this section.
(b) Unless otherwise specified in this part, revenue generated from the following sources must be deposited in the fund: (1) Assessments collected by the bureau under this part; (2) Penalties collected by the bureau under this part; (3) Donations to the fund from private sources; and (4) Investment earnings credited to the fund.
(1) Assessments collected by the bureau under this part;
(2) Penalties collected by the bureau under this part;
(3) Donations to the fund from private sources; and
(4) Investment earnings credited to the fund.
(c) Any fund balance remaining unexpended at the end of a fiscal year carries forward into the subsequent fiscal year and must not be diverted to the general fund or any other public fund.
(d) Interest accruing on investments and deposits of the fund carries forward into the subsequent fiscal year and must not be diverted to the general fund or any other public fund.
(e) The state treasurer shall invest the moneys in the fund in accordance with § 9-4-603 . The bureau shall administer the funds.
(f) Moneys in the fund must not be diverted to the general fund or any other public fund or any other third party, and moneys in the fund may only be used to: (1) Create directed payments for qualified ground ambulance services as determined by the bureau and as authorized by the centers for medicare and medicaid services; and (2) Reimburse the amounts designated in § 71-5-1505 for the purpose of administrative expenses.
(1) Create directed payments for qualified ground ambulance services as determined by the bureau and as authorized by the centers for medicare and medicaid services; and
(2) Reimburse the amounts designated in § 71-5-1505 for the purpose of administrative expenses.
(g) In the event that this part is rendered invalid and void: (1) To the extent federal matching is not reduced due to the impermissibility of the assessments, the bureau shall disburse pursuant to subsection (f) the moneys remaining in the fund that were derived from assessments imposed by this part and deposited before the occurrence of the invalidating event; (2) Following disbursement of moneys in the fund pursuant to subdivision (g)(1), the bureau shall refund any remaining moneys to each ambulance provider in proportion to the amount paid by the respective provider during the most recently completed quarterly payment period; and (3) The invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are severable. It is the legislative intent that the directed payments referenced in this part must not be made if the state cannot generate the non-federal share of the payments through the ground ambulance provider assessment.
(1) To the extent federal matching is not reduced due to the impermissibility of the assessments, the bureau shall disburse pursuant to subsection (f) the moneys remaining in the fund that were derived from assessments imposed by this part and deposited before the occurrence of the invalidating event;
(2) Following disbursement of moneys in the fund pursuant to subdivision (g)(1), the bureau shall refund any remaining moneys to each ambulance provider in proportion to the amount paid by the respective provider during the most recently completed quarterly payment period; and
(3) The invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are severable. It is the legislative intent that the directed payments referenced in this part must not be made if the state cannot generate the non-federal share of the payments through the ground ambulance provider assessment.
Amended by 2022 Tenn. Acts, ch. 1052, s 5, eff. 5/25/2022.
Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018.
Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 71-6-203 — TN Code / Title 71 / Chapter 6 / Section 71-6-203
Administration of programs
Status: in_force

In administering these programs, the department with authority over each program: (1) Shall divide all funds received under this part equally, with fifty percent (50%) of the funds to be allocated to the department of finance and administration for family violence shelters and shelter services and fifty percent (50%) to be allocated to the department of children's services for child abuse prevention services, unless the statute or appropriations bill allocating the funds provides otherwise; (2) Shall, in disbursing funds received under this part for child abuse prevention services, give priority, where possible, to services for those children at risk because they reside in households where family violence occurs; (3) In order to assure that funds are distributed statewide, may not disburse more than fifty thousand dollars ($50,000) from state funds provided under this part to any one (1) shelter service or child abuse prevention service in one (1) fiscal year, unless the responsible department finds that exceeding the fifty thousand dollar ($50,000) guideline is warranted by the availability of funds, the area served by the provider, or the best interests of the citizens served by the program; (4) Shall accept federal funds that may be available for use in carrying out this part and may use state funds, in addition to funds generated under this part, as matching funds for federal funds if matching funds are required; (5) Shall assure, to the extent feasible, that any funds allocated under this part shall be used to provide services in addition to those already provided by the department; (6) May expend only those actual amounts reasonably necessary for administration of the funds provided under this part; (7) Shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary to carry out the purposes of this part related to the programs under its jurisdiction. Each department may, upon recommendation of its advisory committee, establish standards for operation of the services, including establishment of a timetable for application and disbursement of funds; (8) (A) Shall require an annual report from each service funded, which shall include, in addition to all information required by the department, statistics on the number of persons requesting service, the number of persons served, the type of service rendered and a description of the social and economic characteristics of the person served and the number and type of referrals, including medical, legal and education services, made to other community resources. No information contained in the report shall identify any person served or enable any person to determine the identity of such a person; (B) Notwithstanding any law to the contrary, the department of children's services may require each child abuse service funded to submit certain identifying information relating solely to recipients of child abuse prevention services for the narrow purpose of tracking the effectiveness of child abuse prevention services. Such information must be maintained by the department of children's services as confidential and may not be released for any purpose. Nothing in this subdivision (8) should be construed as allowing access to any identifying information relating to family violence shelters and shelter services; and (9) Shall establish an advisory committee, which shall review all program criteria adopted by each department and advise the commissioner relative to the allocation of funds under this part. Such committee members will be appointed by the commissioner of the department with consent and approval of the governor. Each committee member shall be selected for a four-year term and may be selected to serve successive terms. However, the commissioner, with consent and approval of the governor, may appoint any member of the current committee previously appointed by the commissioner of human services to a new committee created by this section. Committee members shall be reimbursed for their actual expenses in attending meetings, with the travel expenses to be reimbursed in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. These advisory committees may be made subcommittees of the social services advisory committee. (A) The committee on child abuse prevention services shall consist of six (6) members, including one (1) former client of the child abuse prevention service. (B) The committee on family violence shelters shall consist of five (5) members, one (1) of which should be a former client of the family violence shelter. At least one (1) of the members selected to serve on the committee may be chosen by the department from a list of nominees submitted by the Tennessee coalition against domestic and sexual violence. Acts 1984, ch. 930, § 3; T.C.A., § 14-33-103; Acts 1993, ch. 366, § 1; 2002, ch. 697, § 2; 2003, ch. 283, § 1.
In administering these programs, the department with authority over each program:
(1) Shall divide all funds received under this part equally, with fifty percent (50%) of the funds to be allocated to the department of finance and administration for family violence shelters and shelter services and fifty percent (50%) to be allocated to the department of children's services for child abuse prevention services, unless the statute or appropriations bill allocating the funds provides otherwise;
(2) Shall, in disbursing funds received under this part for child abuse prevention services, give priority, where possible, to services for those children at risk because they reside in households where family violence occurs;
(3) In order to assure that funds are distributed statewide, may not disburse more than fifty thousand dollars ($50,000) from state funds provided under this part to any one (1) shelter service or child abuse prevention service in one (1) fiscal year, unless the responsible department finds that exceeding the fifty thousand dollar ($50,000) guideline is warranted by the availability of funds, the area served by the provider, or the best interests of the citizens served by the program;
(4) Shall accept federal funds that may be available for use in carrying out this part and may use state funds, in addition to funds generated under this part, as matching funds for federal funds if matching funds are required;
(5) Shall assure, to the extent feasible, that any funds allocated under this part shall be used to provide services in addition to those already provided by the department;
(6) May expend only those actual amounts reasonably necessary for administration of the funds provided under this part;
(7) Shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary to carry out the purposes of this part related to the programs under its jurisdiction. Each department may, upon recommendation of its advisory committee, establish standards for operation of the services, including establishment of a timetable for application and disbursement of funds;
(8) (A) Shall require an annual report from each service funded, which shall include, in addition to all information required by the department, statistics on the number of persons requesting service, the number of persons served, the type of service rendered and a description of the social and economic characteristics of the person served and the number and type of referrals, including medical, legal and education services, made to other community resources. No information contained in the report shall identify any person served or enable any person to determine the identity of such a person; (B) Notwithstanding any law to the contrary, the department of children's services may require each child abuse service funded to submit certain identifying information relating solely to recipients of child abuse prevention services for the narrow purpose of tracking the effectiveness of child abuse prevention services. Such information must be maintained by the department of children's services as confidential and may not be released for any purpose. Nothing in this subdivision (8) should be construed as allowing access to any identifying information relating to family violence shelters and shelter services; and
(A) Shall require an annual report from each service funded, which shall include, in addition to all information required by the department, statistics on the number of persons requesting service, the number of persons served, the type of service rendered and a description of the social and economic characteristics of the person served and the number and type of referrals, including medical, legal and education services, made to other community resources. No information contained in the report shall identify any person served or enable any person to determine the identity of such a person;
(B) Notwithstanding any law to the contrary, the department of children's services may require each child abuse service funded to submit certain identifying information relating solely to recipients of child abuse prevention services for the narrow purpose of tracking the effectiveness of child abuse prevention services. Such information must be maintained by the department of children's services as confidential and may not be released for any purpose. Nothing in this subdivision (8) should be construed as allowing access to any identifying information relating to family violence shelters and shelter services; and
(9) Shall establish an advisory committee, which shall review all program criteria adopted by each department and advise the commissioner relative to the allocation of funds under this part. Such committee members will be appointed by the commissioner of the department with consent and approval of the governor. Each committee member shall be selected for a four-year term and may be selected to serve successive terms. However, the commissioner, with consent and approval of the governor, may appoint any member of the current committee previously appointed by the commissioner of human services to a new committee created by this section. Committee members shall be reimbursed for their actual expenses in attending meetings, with the travel expenses to be reimbursed in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. These advisory committees may be made subcommittees of the social services advisory committee. (A) The committee on child abuse prevention services shall consist of six (6) members, including one (1) former client of the child abuse prevention service. (B) The committee on family violence shelters shall consist of five (5) members, one (1) of which should be a former client of the family violence shelter. At least one (1) of the members selected to serve on the committee may be chosen by the department from a list of nominees submitted by the Tennessee coalition against domestic and sexual violence.
(A) The committee on child abuse prevention services shall consist of six (6) members, including one (1) former client of the child abuse prevention service.
(B) The committee on family violence shelters shall consist of five (5) members, one (1) of which should be a former client of the family violence shelter. At least one (1) of the members selected to serve on the committee may be chosen by the department from a list of nominees submitted by the Tennessee coalition against domestic and sexual violence.
Acts 1984, ch. 930, § 3; T.C.A., § 14-33-103; Acts 1993, ch. 366, § 1; 2002, ch. 697, § 2; 2003, ch. 283, § 1.
Tenn. Code Ann. § 71-3-606 — TN Code / Title 71 / Chapter 3 / Section 71-3-606
Welfare of child controlling
Status: in_force

No child shall be received into the asylum, or detained in the asylum, except that the welfare of the child may be thereby promoted, nor shall any child be indentured or given in adoption, except that the best interest of the child shall be thereby secured. Acts 1885, ch. 92, § 4; Shan., § 4347; Code 1932, § 4576; T.C.A. (orig. ed.), §§ 14-1206, 14-11-106.
No child shall be received into the asylum, or detained in the asylum, except that the welfare of the child may be thereby promoted, nor shall any child be indentured or given in adoption, except that the best interest of the child shall be thereby secured.
Acts 1885, ch. 92, § 4; Shan., § 4347; Code 1932, § 4576; T.C.A. (orig. ed.), §§ 14-1206, 14-11-106.
Tenn. Code Ann. § 71-2-416 — TN Code / Title 71 / Chapter 2 / Section 71-2-416
Adult day care and senior centers as model programs
Status: in_force

(a) The department of finance and administration shall designate up to five (5) publicly or privately supported adult day care centers or senior centers within the state as model programs worthy of emulation with respect to one (1) or more of the following activities: (1) Comprehensive health education programs; (2) Nutrition assessment and screening; (3) Nutrition counseling; or (4) Health or nutrition referral services. (b) The selected model programs shall be programs that are designed to enhance the dignity and wellness of senior citizens and to encourage the independence and involvement of senior citizens in the community. The selected model programs must also be designed to achieve a tangible impact in areas that are traditionally socially and economically underserved. (c) Prior to designating the model programs, nominations shall be solicited from across the state. In selecting model programs, due consideration shall be given to the level of community acceptance and support for the programs and to the techniques by which the acceptance and support have been achieved. (d) Subject to the availability of funding for such purposes as contained within the fiscal year 2007-08 budget of the department of finance and administration, state grants shall be awarded to the model programs selected pursuant to this section. The dollar amount of each grant awarded shall be determined by the commissioner of finance and administration. Payment of any grant to any model program shall be conditional upon the willingness of the chief administrative officer of the program to provide informational and consultative assistance to those agencies of state or local government that may desire to emulate, in whole or in part, the model program. Any grant so received by a publicly supported agency shall be in addition to all other public funds that may be otherwise appropriated to the agency and it is not intended to supplant any other funding resource. Any funds not paid to a model program by June 30, 2008, shall revert to the general fund. (e) The commissioner of finance and administration shall undertake appropriate activities to publicize the department of finance and administration's activities in implementing this section and to publicize the activities and achievements of the model programs. Acts 2007, ch. 573, § 1.
(a) The department of finance and administration shall designate up to five (5) publicly or privately supported adult day care centers or senior centers within the state as model programs worthy of emulation with respect to one (1) or more of the following activities: (1) Comprehensive health education programs; (2) Nutrition assessment and screening; (3) Nutrition counseling; or (4) Health or nutrition referral services.
(1) Comprehensive health education programs;
(2) Nutrition assessment and screening;
(3) Nutrition counseling; or
(4) Health or nutrition referral services.
(b) The selected model programs shall be programs that are designed to enhance the dignity and wellness of senior citizens and to encourage the independence and involvement of senior citizens in the community. The selected model programs must also be designed to achieve a tangible impact in areas that are traditionally socially and economically underserved.
(c) Prior to designating the model programs, nominations shall be solicited from across the state. In selecting model programs, due consideration shall be given to the level of community acceptance and support for the programs and to the techniques by which the acceptance and support have been achieved.
(d) Subject to the availability of funding for such purposes as contained within the fiscal year 2007-08 budget of the department of finance and administration, state grants shall be awarded to the model programs selected pursuant to this section. The dollar amount of each grant awarded shall be determined by the commissioner of finance and administration. Payment of any grant to any model program shall be conditional upon the willingness of the chief administrative officer of the program to provide informational and consultative assistance to those agencies of state or local government that may desire to emulate, in whole or in part, the model program. Any grant so received by a publicly supported agency shall be in addition to all other public funds that may be otherwise appropriated to the agency and it is not intended to supplant any other funding resource. Any funds not paid to a model program by June 30, 2008, shall revert to the general fund.
(e) The commissioner of finance and administration shall undertake appropriate activities to publicize the department of finance and administration's activities in implementing this section and to publicize the activities and achievements of the model programs.
Acts 2007, ch. 573, § 1.
Tenn. Code Ann. § 71-5-2205 — TN Code / Title 71 / Chapter 5 / Section 71-5-2205
Removal - Vacancies
Status: in_force

The county legislative body may remove the commissioners, or any one (1) of them, at pleasure, and proceed to fill the vacancy at any time; and should any one (1) or more of them die, resign, remove from the county, or fail or refuse to act, the county mayor may fill the vacancy, and such appointee shall continue to act as commissioner until an election by the legislative body. Code 1858, § 1598 (deriv. Acts 1827 Private, ch. 112, § 7); Shan., § 2682; Code 1932, § 4799; mod. C. Supp. 1950, § 4799; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §§ 14-905, 14-20-205; Acts 2003, ch. 90, § 2.
The county legislative body may remove the commissioners, or any one (1) of them, at pleasure, and proceed to fill the vacancy at any time; and should any one (1) or more of them die, resign, remove from the county, or fail or refuse to act, the county mayor may fill the vacancy, and such appointee shall continue to act as commissioner until an election by the legislative body.
Code 1858, § 1598 (deriv. Acts 1827 Private, ch. 112, § 7); Shan., § 2682; Code 1932, § 4799; mod. C. Supp. 1950, § 4799; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §§ 14-905, 14-20-205; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 71-5-313 — TN Code / Title 71 / Chapter 5 / Section 71-5-313
Receipt or transfer of property by recipient - Notice required - Recovery of excess payments
Status: in_force

If at any time during the certification for food stamp assistance, the recipient becomes possessed of any property, real or personal, or income in excess of the amount stated in the recipient's application for such assistance or transfers any of the recipient's property, real or personal, it shall be the duty of the recipient to immediately notify the area manager of the local county office of the department of the transfer, receipt or possession of such property or income. Any food stamp assistance paid after the recipient has come into possession of property, real or personal, or income, or, if it is determined that a recipient possessed property or income in an amount greater than that stated in the recipient's application, or has transferred any of the recipient's property, real or personal, that renders the recipient ineligible to receive such assistance under the rules and regulations of the department, the full amount of such assistance shall be recoverable in a suit by the state as a debt due the state. Acts 1971, ch. 136, § 18; 1973, ch. 337, § 5; T.C.A., §§ 14-2218, 14-27-113; Acts 1996, ch. 950, § 13.
If at any time during the certification for food stamp assistance, the recipient becomes possessed of any property, real or personal, or income in excess of the amount stated in the recipient's application for such assistance or transfers any of the recipient's property, real or personal, it shall be the duty of the recipient to immediately notify the area manager of the local county office of the department of the transfer, receipt or possession of such property or income. Any food stamp assistance paid after the recipient has come into possession of property, real or personal, or income, or, if it is determined that a recipient possessed property or income in an amount greater than that stated in the recipient's application, or has transferred any of the recipient's property, real or personal, that renders the recipient ineligible to receive such assistance under the rules and regulations of the department, the full amount of such assistance shall be recoverable in a suit by the state as a debt due the state.
Acts 1971, ch. 136, § 18; 1973, ch. 337, § 5; T.C.A., §§ 14-2218, 14-27-113; Acts 1996, ch. 950, § 13.
Tenn. Code Ann. § 71-5-2402 — TN Code / Title 71 / Chapter 5 / Section 71-5-2402
Removal of member
Status: in_force

A state TennCare pharmacy advisory committee member shall be removed by the commissioner of finance and administration from the committee for any of the following causes: (1) Absence from two (2) consecutive meetings without contacting the chair or the vice chair with a satisfactory explanation; (2) Absence from three (3) meetings in a single year without contacting the chair or the vice chair with a satisfactory explanation; (3) Violation of § 71-5-2403(a) and (b) ; or (4) Violation of § 71-5-197(d) . Acts 2003, ch. 350, § 1.
A state TennCare pharmacy advisory committee member shall be removed by the commissioner of finance and administration from the committee for any of the following causes:
(1) Absence from two (2) consecutive meetings without contacting the chair or the vice chair with a satisfactory explanation;
(2) Absence from three (3) meetings in a single year without contacting the chair or the vice chair with a satisfactory explanation;
(3) Violation of § 71-5-2403(a) and (b) ; or
(4) Violation of § 71-5-197(d) .
Acts 2003, ch. 350, § 1.
Tenn. Code Ann. § 71-4-1114 — TN Code / Title 71 / Chapter 4 / Section 71-4-1114
Charging disabled to file application - Illegal use of lists - Penalty
Status: in_force

(a) It is unlawful for any person, firm or corporation to directly or indirectly either charge or receive anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under this part. (b) It is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, any list of names of, or any information concerning, persons applying for or receiving aid to the permanently and totally disabled, directly or indirectly derived from the records, papers, files or communications of the department or divisions of the department, or acquired in the course of the performance of official duties, except as provided by §§ 71-1-117 and 71-1-118 . (c) A person violating this section commits a Class C misdemeanor. Acts 1955, ch. 30, § 3; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., § 14-432; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-114; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person, firm or corporation to directly or indirectly either charge or receive anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under this part.
(b) It is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, any list of names of, or any information concerning, persons applying for or receiving aid to the permanently and totally disabled, directly or indirectly derived from the records, papers, files or communications of the department or divisions of the department, or acquired in the course of the performance of official duties, except as provided by §§ 71-1-117 and 71-1-118 .
(c) A person violating this section commits a Class C misdemeanor.
Acts 1955, ch. 30, § 3; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., § 14-432; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-114; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 71-4-109 — TN Code / Title 71 / Chapter 4 / Section 71-4-109
Finality of department decisions
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. 51, § 10; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.67 (Williams, § 4765.66); T.C.A. (orig. ed.), §§ 14-516, 14-13-109.
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. 51, § 10; 1945, ch. 186, § 1; C. Supp. 1950, § 4765.67 (Williams, § 4765.66); T.C.A. (orig. ed.), §§ 14-516, 14-13-109.
Tenn. Code Ann. § 71-3-118 — TN Code / Title 71 / Chapter 3 / Section 71-3-118
Charging for assistance to applicants unlawful
Status: in_force

(a) It is unlawful for any person, firm, or corporation either to charge or to receive, directly or indirectly, anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under any statutes of this state providing for financial assistance to dependent children. (b) A violation of this section is a Class C misdemeanor. Acts 1937, ch. 118, § 1; 1941, ch. 41, § 1; mod. C. Supp. 1950, § 4765.56 (Williams, § 4765.37); T.C.A. (orig. ed.), §§ 14-318, 14-8-118; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person, firm, or corporation either to charge or to receive, directly or indirectly, anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under any statutes of this state providing for financial assistance to dependent children.
(b) A violation of this section is a Class C misdemeanor.
Acts 1937, ch. 118, § 1; 1941, ch. 41, § 1; mod. C. Supp. 1950, § 4765.56 (Williams, § 4765.37); T.C.A. (orig. ed.), §§ 14-318, 14-8-118; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 71-5-2604 — TN Code / Title 71 / Chapter 5 / Section 71-5-2604
Administrative remedies - Recovery of costs - Contested cases - Rules and regulations - Final orders
Status: in_force

(a) Without regard to any other civil or criminal liability that might attach, by operation of this section or any other law, the office of inspector general shall have an administrative remedy against an enrollee, recipient, applicant, or person purporting to be an enrollee, recipient, or applicant, who improperly obtains medical assistance benefits or any assistance from the TennCare program, to which the person is not entitled. The office of inspector general shall also have an administrative remedy against any person who assists any enrollee, recipient, or applicant, or purported enrollee, recipient, or applicant in improperly obtaining benefits or assistance. (b) (1) The administrative remedy established by this section shall be for the recovery of the amount of: (A) Any medical assistance benefits or any assistance improperly paid for by TennCare as a result of any misrepresentation or omission made by the person, to the extent that the amount has not otherwise been recovered by the TennCare bureau; and (B) Any unpaid or underpaid premiums that were assessed at a lower monthly amount than would have been set if not for the misrepresentation or omission by the person, to the extent that the amount has not otherwise been recovered by the TennCare bureau. (2) All such persons shall be jointly and severally liable to the state of Tennessee. (c) The office of inspector general shall also have a right to recover the reasonable costs of proceedings pursuant to this section, including professional fees of court reporters and hearing officers or administrative judges, the reasonable costs of investigating claims arising under this section, reasonable attorney's fees, as well as interest on the amount owed by the person, calculated from the date that the medical assistance or any assistance was improperly received, or from the date the correct premiums should have been paid. (d) All costs of medical assistance, or any assistance, or unpaid premiums recouped pursuant to this section, and any interest thereon, shall be paid to the TennCare bureau. All costs of proceedings, investigative costs, and attorney's fees pursuant to this section shall be paid to the office of inspector general, except as otherwise provided. (e) Notwithstanding any other law to the contrary, administrative actions pursuant to this section shall be commenced within four (4) years after the date of discovery by the state of the acts of misrepresentation or omission. (f) The office of inspector general may invoke the remedy established by this section by initiating a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In an administrative action under this subsection (f), the office of the inspector general shall show that the amount sought to be recovered was paid in the form of medical assistance benefits or any assistance as a result of material misrepresentation or omission. The office of inspector general need not show that the misrepresentation or omission was intentional or fraudulent. (g) The inspector general shall have authority to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, as are necessary to implement this part. The rules shall be promulgated as emergency rules. For purposes of rendering a final order pursuant to the Uniform Administrative Procedures Act, the inspector general is designated the agency person to review initial orders and issue final agency decisions. Orders issued by the inspector general shall have the effect of a final order pursuant to the Uniform Administrative Procedures Act. (h) (1) Whenever an order issued by the inspector general pursuant to this part has become final, a notarized copy of the order may be filed in the office of the clerk of the chancery court of Davidson County. (2) When filed in accordance with this section, a final order shall be considered as a judgment by consent of the parties on the same terms and condition as those recited in the final order. The judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of judgment and the effect of the judgment shall be the same as provided in title 26, chapter 6. (3) A judgment entered pursuant to this section shall become final on the date of entry. (4) A final judgment under this subsection (h) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state. Acts 2006, ch. 1010, § 2; 2009, ch. 566, § 12.
(a) Without regard to any other civil or criminal liability that might attach, by operation of this section or any other law, the office of inspector general shall have an administrative remedy against an enrollee, recipient, applicant, or person purporting to be an enrollee, recipient, or applicant, who improperly obtains medical assistance benefits or any assistance from the TennCare program, to which the person is not entitled. The office of inspector general shall also have an administrative remedy against any person who assists any enrollee, recipient, or applicant, or purported enrollee, recipient, or applicant in improperly obtaining benefits or assistance.
(b) (1) The administrative remedy established by this section shall be for the recovery of the amount of: (A) Any medical assistance benefits or any assistance improperly paid for by TennCare as a result of any misrepresentation or omission made by the person, to the extent that the amount has not otherwise been recovered by the TennCare bureau; and (B) Any unpaid or underpaid premiums that were assessed at a lower monthly amount than would have been set if not for the misrepresentation or omission by the person, to the extent that the amount has not otherwise been recovered by the TennCare bureau. (2) All such persons shall be jointly and severally liable to the state of Tennessee.
(1) The administrative remedy established by this section shall be for the recovery of the amount of: (A) Any medical assistance benefits or any assistance improperly paid for by TennCare as a result of any misrepresentation or omission made by the person, to the extent that the amount has not otherwise been recovered by the TennCare bureau; and (B) Any unpaid or underpaid premiums that were assessed at a lower monthly amount than would have been set if not for the misrepresentation or omission by the person, to the extent that the amount has not otherwise been recovered by the TennCare bureau.
(A) Any medical assistance benefits or any assistance improperly paid for by TennCare as a result of any misrepresentation or omission made by the person, to the extent that the amount has not otherwise been recovered by the TennCare bureau; and
(B) Any unpaid or underpaid premiums that were assessed at a lower monthly amount than would have been set if not for the misrepresentation or omission by the person, to the extent that the amount has not otherwise been recovered by the TennCare bureau.
(2) All such persons shall be jointly and severally liable to the state of Tennessee.
(c) The office of inspector general shall also have a right to recover the reasonable costs of proceedings pursuant to this section, including professional fees of court reporters and hearing officers or administrative judges, the reasonable costs of investigating claims arising under this section, reasonable attorney's fees, as well as interest on the amount owed by the person, calculated from the date that the medical assistance or any assistance was improperly received, or from the date the correct premiums should have been paid.
(d) All costs of medical assistance, or any assistance, or unpaid premiums recouped pursuant to this section, and any interest thereon, shall be paid to the TennCare bureau. All costs of proceedings, investigative costs, and attorney's fees pursuant to this section shall be paid to the office of inspector general, except as otherwise provided.
(e) Notwithstanding any other law to the contrary, administrative actions pursuant to this section shall be commenced within four (4) years after the date of discovery by the state of the acts of misrepresentation or omission.
(f) The office of inspector general may invoke the remedy established by this section by initiating a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In an administrative action under this subsection (f), the office of the inspector general shall show that the amount sought to be recovered was paid in the form of medical assistance benefits or any assistance as a result of material misrepresentation or omission. The office of inspector general need not show that the misrepresentation or omission was intentional or fraudulent.
(g) The inspector general shall have authority to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, as are necessary to implement this part. The rules shall be promulgated as emergency rules. For purposes of rendering a final order pursuant to the Uniform Administrative Procedures Act, the inspector general is designated the agency person to review initial orders and issue final agency decisions. Orders issued by the inspector general shall have the effect of a final order pursuant to the Uniform Administrative Procedures Act.
(h) (1) Whenever an order issued by the inspector general pursuant to this part has become final, a notarized copy of the order may be filed in the office of the clerk of the chancery court of Davidson County. (2) When filed in accordance with this section, a final order shall be considered as a judgment by consent of the parties on the same terms and condition as those recited in the final order. The judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of judgment and the effect of the judgment shall be the same as provided in title 26, chapter 6. (3) A judgment entered pursuant to this section shall become final on the date of entry. (4) A final judgment under this subsection (h) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state.
(1) Whenever an order issued by the inspector general pursuant to this part has become final, a notarized copy of the order may be filed in the office of the clerk of the chancery court of Davidson County.
(2) When filed in accordance with this section, a final order shall be considered as a judgment by consent of the parties on the same terms and condition as those recited in the final order. The judgment shall be promptly entered by the court. Except as otherwise provided in this section, the procedure for entry of judgment and the effect of the judgment shall be the same as provided in title 26, chapter 6.
(3) A judgment entered pursuant to this section shall become final on the date of entry.
(4) A final judgment under this subsection (h) has the same effect, is subject to the same procedures, and may be enforced or satisfied in the same manner, as any other judgment of a court of record of this state.
Acts 2006, ch. 1010, § 2; 2009, ch. 566, § 12.
Tenn. Code Ann. § 71-5-2303 — TN Code / Title 71 / Chapter 5 / Section 71-5-2303
Contract for support with use of farm
Status: in_force

The county legislative body may also let out the support of the poor, with the use and occupancy of the poorhouse and farm, for a period not exceeding three (3) years. Code 1858, § 1615; Shan., § 2699; Code 1932, § 4816; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1003, 14-20-303.
The county legislative body may also let out the support of the poor, with the use and occupancy of the poorhouse and farm, for a period not exceeding three (3) years.
Code 1858, § 1615; Shan., § 2699; Code 1932, § 4816; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1003, 14-20-303.
Tenn. Code Ann. § 71-5-162 — TN Code / Title 71 / Chapter 5 / Section 71-5-162
Identification of child enrollees eligible for federal supplemental security income upon reaching 18 years of age - Counseling - Enrollment assistance
Status: in_force

The bureau of TennCare shall establish a program that: (1) Identifies child enrollees in TennCare who, by reason of a disability, are likely to be eligible for federal supplemental security income upon reaching eighteen (18) years of age; (2) In the year prior to each eligible child enrollee's eighteenth birthday, counsels the child and the child's parent or guardian on the benefits available from and enrollment requirements for the federal supplemental security income program; and (3) Provides enrollment assistance to the child prior to the child's eighteenth birthday in a manner that the bureau determines is most likely to ensure that there will be no gap in TennCare eligibility or coverage due to the child reaching eighteen (18) years of age. Added by 2019 Tenn. Acts, ch. 310,s 1, eff. 5/8/2019.
The bureau of TennCare shall establish a program that:
(1) Identifies child enrollees in TennCare who, by reason of a disability, are likely to be eligible for federal supplemental security income upon reaching eighteen (18) years of age;
(2) In the year prior to each eligible child enrollee's eighteenth birthday, counsels the child and the child's parent or guardian on the benefits available from and enrollment requirements for the federal supplemental security income program; and
(3) Provides enrollment assistance to the child prior to the child's eighteenth birthday in a manner that the bureau determines is most likely to ensure that there will be no gap in TennCare eligibility or coverage due to the child reaching eighteen (18) years of age.
Added by 2019 Tenn. Acts, ch. 310,s 1, eff. 5/8/2019.
Tenn. Code Ann. § 71-5-903 — TN Code / Title 71 / Chapter 5 / Section 71-5-903
Deadline for submission of findings and recommendations
Status: in_force

(a) The commissioner and other departments, agencies and selected non-governmental organizations conducting the study shall hold a public meeting and utilize technological means to gather feedback on the recommendations from the general public and from persons and families affected by poverty. (b) The department shall submit its findings and recommendations to the governor and the general assembly in the form of a state anti-poverty plan by January 15, 2015. Acts 2014, ch. 934, § 1.
(a) The commissioner and other departments, agencies and selected non-governmental organizations conducting the study shall hold a public meeting and utilize technological means to gather feedback on the recommendations from the general public and from persons and families affected by poverty.
(b) The department shall submit its findings and recommendations to the governor and the general assembly in the form of a state anti-poverty plan by January 15, 2015.
Acts 2014, ch. 934, § 1.
Tenn. Code Ann. § 71-6-307 — TN Code / Title 71 / Chapter 6 / Section 71-6-307
Equal distribution of funds
Status: in_force

Funds distributed under this part shall be distributed as equally as possible to serve all geographic areas of the state. Acts 2003, ch. 304, § 2.
Funds distributed under this part shall be distributed as equally as possible to serve all geographic areas of the state.
Acts 2003, ch. 304, § 2.
Tenn. Code Ann. § 71-4-116 — TN Code / Title 71 / Chapter 4 / Section 71-4-116
Fraudulent devices
Status: in_force

A person who knowingly obtains, or attempts to obtain, or aids, or abets any person 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 whoever 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. 51, § 19; C. Supp. 1950, § 4765.76 (Williams, § 4765.73); Acts 1955, ch. 23, §§ 1, 2; T.C.A. (orig. ed.), §§ 14-523, 14-13-116; Acts 1989, ch. 591, § 105.
A person who knowingly obtains, or attempts to obtain, or aids, or abets any person 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 whoever 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. 51, § 19; C. Supp. 1950, § 4765.76 (Williams, § 4765.73); Acts 1955, ch. 23, §§ 1, 2; T.C.A. (orig. ed.), §§ 14-523, 14-13-116; Acts 1989, ch. 591, § 105.
Tenn. Code Ann. § 71-1-203 — TN Code / Title 71 / Chapter 1 / Section 71-1-203
Approval - Procedure
Status: in_force

Upon approving an application for funds, the state agency or department with jurisdiction over the contractor shall forward the application to the director of accounts for payment. Acts 1976, ch. 454, § 3; T.C.A., §§ 14-2403, 14-32-103.
Upon approving an application for funds, the state agency or department with jurisdiction over the contractor shall forward the application to the director of accounts for payment.
Acts 1976, ch. 454, § 3; T.C.A., §§ 14-2403, 14-32-103.
Tenn. Code Ann. § 71-4-305 — TN Code / Title 71 / Chapter 4 / Section 71-4-305
Sale of products - Distribution of proceeds
Status: in_force

(a) All finished products made from raw material and supplies purchased with the proceeds of advances under this part shall be detailed to the director of services for the blind at such times and places as the director may designate. (b) Upon receipt of such finished articles, the director, with the approval of the commissioner, shall proceed to sell them in such manner and in such method, either singly or collectively, as will net the highest price. In case of a collective sale, the proceeds shall be ratably apportioned, when several blind persons contributed finished products, in proportion to the amount of such finished products made by each. (c) Out of the proceeds of the sale of any finished product made by any blind person, the director of services for the blind shall repay to the revolving fund the amount of the advances made from it to the maker of such finished products and shall pay the remainder of the proceeds of such sale to such blind person. (d) The director shall not be permitted to make or deduct any charges for the director's services in negotiating such sale. Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); T.C.A. (orig. ed.), §§ 14-618, 14-14-205.
(a) All finished products made from raw material and supplies purchased with the proceeds of advances under this part shall be detailed to the director of services for the blind at such times and places as the director may designate.
(b) Upon receipt of such finished articles, the director, with the approval of the commissioner, shall proceed to sell them in such manner and in such method, either singly or collectively, as will net the highest price. In case of a collective sale, the proceeds shall be ratably apportioned, when several blind persons contributed finished products, in proportion to the amount of such finished products made by each.
(c) Out of the proceeds of the sale of any finished product made by any blind person, the director of services for the blind shall repay to the revolving fund the amount of the advances made from it to the maker of such finished products and shall pay the remainder of the proceeds of such sale to such blind person.
(d) The director shall not be permitted to make or deduct any charges for the director's services in negotiating such sale.
Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); T.C.A. (orig. ed.), §§ 14-618, 14-14-205.
Tenn. Code Ann. § 71-4-704 — TN Code / Title 71 / Chapter 4 / Section 71-4-704
Central nonprofit agency - Designation - Functions and operations - Fee
Status: in_force

(a) The functions and operations of the designated central nonprofit agency include, but are not limited to, the following: (1) Ensure that the priorities for orders from governmental entities are maintained under this part and that opportunities are provided to individuals with severe disabilities to pursue competitive integrated employment; (2) Evaluate the qualifications and capabilities of entities for production of commodities or performing services. The central nonprofit agency must assure that individuals with severe disabilities are receiving competitive integrated employment in the production of commodities or performance of services. At a minimum, fifty percent (50%) of the hours worked on the production of commodities or performing services in the program are required to be provided by individuals with severe disabilities. Hours worked by supervisors with severe disabilities are to be included in the determination; (3) Recommend with appropriate justification, including recommended prices, suitable commodities or services for procurement and, as market conditions change, recommend price changes or revisions; (4) Fulfill or distribute and allocate, by subcontract or any other means, orders from governmental entities; and (5) Maintain the necessary records and monitor data on the entities to ensure compliance in the production of commodities and performance of services. (b) The central nonprofit agency shall charge a fee for fulfilling the orders. This fee must not exceed rates approved by the committee. The fee must be factored as an administrative expense into the overall cost. Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020. Amended by 2014 Tenn. Acts, ch. 739, s 3, eff. 7/1/2014. Acts 1991, ch. 499, § 1; 1996, ch. 827, §§ 11, 12; 2002, ch. 526, § 10; 2011 , ch. 295, §§ 16, 19.
(a) The functions and operations of the designated central nonprofit agency include, but are not limited to, the following: (1) Ensure that the priorities for orders from governmental entities are maintained under this part and that opportunities are provided to individuals with severe disabilities to pursue competitive integrated employment; (2) Evaluate the qualifications and capabilities of entities for production of commodities or performing services. The central nonprofit agency must assure that individuals with severe disabilities are receiving competitive integrated employment in the production of commodities or performance of services. At a minimum, fifty percent (50%) of the hours worked on the production of commodities or performing services in the program are required to be provided by individuals with severe disabilities. Hours worked by supervisors with severe disabilities are to be included in the determination; (3) Recommend with appropriate justification, including recommended prices, suitable commodities or services for procurement and, as market conditions change, recommend price changes or revisions; (4) Fulfill or distribute and allocate, by subcontract or any other means, orders from governmental entities; and (5) Maintain the necessary records and monitor data on the entities to ensure compliance in the production of commodities and performance of services.
(1) Ensure that the priorities for orders from governmental entities are maintained under this part and that opportunities are provided to individuals with severe disabilities to pursue competitive integrated employment;
(2) Evaluate the qualifications and capabilities of entities for production of commodities or performing services. The central nonprofit agency must assure that individuals with severe disabilities are receiving competitive integrated employment in the production of commodities or performance of services. At a minimum, fifty percent (50%) of the hours worked on the production of commodities or performing services in the program are required to be provided by individuals with severe disabilities. Hours worked by supervisors with severe disabilities are to be included in the determination;
(3) Recommend with appropriate justification, including recommended prices, suitable commodities or services for procurement and, as market conditions change, recommend price changes or revisions;
(4) Fulfill or distribute and allocate, by subcontract or any other means, orders from governmental entities; and
(5) Maintain the necessary records and monitor data on the entities to ensure compliance in the production of commodities and performance of services.
(b) The central nonprofit agency shall charge a fee for fulfilling the orders. This fee must not exceed rates approved by the committee. The fee must be factored as an administrative expense into the overall cost.
Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020.
Amended by 2014 Tenn. Acts, ch. 739, s 3, eff. 7/1/2014.
Acts 1991, ch. 499, § 1; 1996, ch. 827, §§ 11, 12; 2002, ch. 526, § 10; 2011 , ch. 295, §§ 16, 19.
Tenn. Code Ann. § 71-3-123 — TN Code / Title 71 / Chapter 3 / Section 71-3-123
Civil action against deserting spouse or parent
Status: in_force

(a) All payments made by the department to such spouse or dependent child shall be recoverable against the deserting spouse or parents by the state as a debt due to the state, and such recovered payments shall be deposited by the state treasurer to the credit of the aid and services to needy families with children fund. (b) In the event the deserting spouse or parent has left the state, then the secretary of state shall be the lawful attorney or agent for such spouse or parent and service of process shall be made by serving a copy of the process on the secretary of state, and such service shall be sufficient service upon the spouse or parent; provided, that notice of such service and a copy of the process are forthwith sent by registered mail by the prosecuting attorney to the last known out-of-state address of the spouse or parent. (c) The property of the spouse or parent within the state shall be subject to execution for payment of any judgment taken against such spouse or parent. Acts 1951, ch. 257, § 2 (Williams, § 4765.53c); 1963, ch. 129, § 1; 1976, ch. 754, § 2; T.C.A. (orig. ed.), §§ 14-323, 14-8-123.
(a) All payments made by the department to such spouse or dependent child shall be recoverable against the deserting spouse or parents by the state as a debt due to the state, and such recovered payments shall be deposited by the state treasurer to the credit of the aid and services to needy families with children fund.
(b) In the event the deserting spouse or parent has left the state, then the secretary of state shall be the lawful attorney or agent for such spouse or parent and service of process shall be made by serving a copy of the process on the secretary of state, and such service shall be sufficient service upon the spouse or parent; provided, that notice of such service and a copy of the process are forthwith sent by registered mail by the prosecuting attorney to the last known out-of-state address of the spouse or parent.
(c) The property of the spouse or parent within the state shall be subject to execution for payment of any judgment taken against such spouse or parent.
Acts 1951, ch. 257, § 2 (Williams, § 4765.53c); 1963, ch. 129, § 1; 1976, ch. 754, § 2; T.C.A. (orig. ed.), §§ 14-323, 14-8-123.
Tenn. Code Ann. § 71-5-105 — TN Code / Title 71 / Chapter 5 / Section 71-5-105
Powers and duties of department - Total number of ICF/MR beds - Certificate of need exemption for DIDD public ICF/MR non-facility beds established pursuant to federal litigation
Status: in_force

(a) The department shall: (1) Supervise the administration of medical assistance for eligible recipients; (2) Make uniform rules and regulations, not inconsistent with the law, for implementing, administering and enforcing this part in an efficient, economical and impartial manner; (3) (A) Establish, in consultation with the comptroller of the treasury, rules and regulations for the determination of payment for hospitals, and other health care providers who contract with the department for the care of persons eligible for assistance pursuant to this part; (B) Establish, in consultation with the comptroller of the treasury and the Tennessee Health Care Association (THCA), rules for an acuity and quality-based reimbursement methodology for nursing facility services paid for by the bureau of TennCare under the rules of the department and as designated and certified by the department. Payment determination components shall include acuity adjusted direct care, non-acuity adjusted direct care, quality, administration, fair market value capital, a cost-based component, and an inflation index factor. The inflation index factor that shall be the most recent Skilled Nursing Facility without Capital Market Basket Index as published by IHS Global Insight (IHS Economics) or other index as may be agreed to by the bureau of TennCare and the comptroller of the treasury, in consultation with THCA, should this index cease to be produced. The commissioner may establish the maximum amount to be paid to nursing facilities, consistent with the requirements of federal law and § 71-5-124(b) ; (4) Cooperate with the appropriate federal department in any reasonable manner as may be necessary to qualify for federal aid in connection with the medical assistance program; (5) Within sixty (60) days after the close of each fiscal year, prepare and print an annual report, which shall be submitted to the governor and members of the general assembly. This report shall include a full account of the operations and the expenditures of all funds under this part, adequate and complete statistics divided by counties about all medical assistance within the state, rules and regulations of the department promulgated to carry out this part, and such other information as it may deem advisable; (6) Prepare or have prepared and release a summary statement monthly showing by counties the amount paid under this part and the total number of persons assisted; (7) Establish and enforce safeguards to prevent unauthorized disclosures or improper use of the information contained in applications, reports of investigations and medical examinations, and correspondence in the individual case records of recipients of medical assistance; (8) Furnish information to acquaint needy persons and the public generally with the plan for medical assistance of this state; (9) Cooperate with agencies in other states in establishing reciprocal agreements to provide for payment of medical assistance to recipients who have moved to another state, consistent with this part and of Title XIX as amended; (10) Contract, to the extent feasible, with one (1) or more contractors or fiscal intermediaries, or both, to provide or arrange services under this part. All such contracts shall be procured in accordance with the requirements of title 12, chapter 4, part 1; provided, that the department shall be required to solicit competitive proposals for contracts with fiscal intermediaries; (11) Increase the coverage under medicaid for inpatient hospital days from fourteen (14) days to twenty (20) days, as provided for in the public health regulations of the United States department of health and human services, health care financing administration (HCFA). Coverage for inpatient hospital days shall be unlimited for any infant under the age of one (1) year to the extent required by federal law or regulations. The commissioner is further directed to promulgate a rule establishing a system of prospective reimbursement, targeted reimbursement, diagnosis-related groups, other method of reimbursement related to diagnosis, or other method of reimbursement pursuant to any federal waiver that waives any or all of the provisions of Title XIX that the state may receive or pursuant to any other federal law as adopted by amendment to the required Title XIX state plan, at which time such mechanism shall be used to determine the number of inpatient hospital days instead of the twenty-day limitation provided in this subdivision (a)(11); and (12) Notwithstanding any law to the contrary, assist the council on children's mental health care in developing a plan that will establish demonstration sites in certain geographic areas where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state. (b) (1) Subject to subdivision (b)(3), the total number of beds in private for-profit and private not-for-profit intermediate care facilities for individuals with intellectual disabilities (ICF/IID) must not be less than six hundred ninety-six (696) absent a reduction in the occupancy rate to eighty percent (80%) or less of the statewide available occupancy as determined annually and must not exceed a total maximum number of eight hundred four (804) upon the voluntary surrender by the certificate of need providers. To determine the statewide available occupancy, the department of disability and aging shall use the data from cost reports submitted by providers to the comptroller of the treasury. The department shall demonstrate a commitment to assisting providers who chose to transition a current site from ICF/IID services to home and community-based services (HCBS) in achieving compliance with the HCBS settings rules. In compliance with the certificate of need process, private for-profit and private not-for-profit ICF/IID beds may be transferred from one (1) location or one (1) provider to another, but the total number of such beds must not exceed eight hundred four (804). (2) An available private ICF/IID bed may be filled only upon completion of a community-informed choice process established and administered by the department of disability and aging that fairly and completely represents available options in order to ensure that the placement is the most integrated and cost-effective setting and subject to the individual's freedom of choice. Providers may refuse persons based on needs compatibility considering the total mix of persons in the facility. The department of disability and aging shall demonstrate a commitment to ensuring the individual's freedom of choice and ensure that each eligible service recipient is fully informed of all services available to the recipient, including community ICF/IID facilities and the specialized services the facilities provide. (3) The total number of private for-profit and not-for-profit ICF/IID beds authorized in subdivision (b)(1) is permanently reduced upon voluntary surrender of a certificate of need for the specified number of ICF/IID beds by the owner. A surrendered bed must not be reestablished by the same or another owner. (c) Notwithstanding any authority to the contrary, DIDD public ICF/MR non-facility beds established pursuant to federal litigation settlements or orders arising out of the cases United States v. State of Tennessee , 798 F. Supp. 483; 1992 U.S. Dist. LEXIS 14004 (W.D. Tenn. 1992), or People First of Tennessee, et al., v. Clover Bottom Developmental Center, et al. , NO. 00-5342 (Docket) (C.A.6 Mar. 22, 2000), shall be exempt from all requirements and processes for the application and granting of certificates of need as set forth in § 68-11-1607 . The establishment of all private ICF/MR non-facility beds remains subject to certificate of need requirements and processes. Amended by 2024 Tenn. Acts, ch. 688,s 181, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 254, s 1, eff. 4/28/2023. Amended by 2018 Tenn. Acts, ch. 836, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 630, s 1, eff. 3/23/2016. Amended by 2013 Tenn. Acts, ch. 239, s 1, eff. 7/1/2013. Acts 1968, ch. 551, § 5; T.C.A., § 14-1905; Acts 1982, ch. 730, § 5; 1984, ch. 787, § 9; 1986, ch. 831, § 1; 1986, ch. 884, § 1; T.C.A., § 14-23-105; Acts 1989, ch. 45, § 1; 1989, ch. 296, § 1; 1992, ch. 903, § 1; 1993, ch. 358, § 4; 1997 , ch. 478, § 3; 2006, ch. 761, § 1; 2007 , ch. 307, § 1; 2008 , ch. 1062, § 11; 2008 , ch. 1190, § 19; 2009 , ch. 458, § 1; 2009 , ch. 477, § 1; 2010 , ch. 1100, § 139.
(a) The department shall: (1) Supervise the administration of medical assistance for eligible recipients; (2) Make uniform rules and regulations, not inconsistent with the law, for implementing, administering and enforcing this part in an efficient, economical and impartial manner; (3) (A) Establish, in consultation with the comptroller of the treasury, rules and regulations for the determination of payment for hospitals, and other health care providers who contract with the department for the care of persons eligible for assistance pursuant to this part; (B) Establish, in consultation with the comptroller of the treasury and the Tennessee Health Care Association (THCA), rules for an acuity and quality-based reimbursement methodology for nursing facility services paid for by the bureau of TennCare under the rules of the department and as designated and certified by the department. Payment determination components shall include acuity adjusted direct care, non-acuity adjusted direct care, quality, administration, fair market value capital, a cost-based component, and an inflation index factor. The inflation index factor that shall be the most recent Skilled Nursing Facility without Capital Market Basket Index as published by IHS Global Insight (IHS Economics) or other index as may be agreed to by the bureau of TennCare and the comptroller of the treasury, in consultation with THCA, should this index cease to be produced. The commissioner may establish the maximum amount to be paid to nursing facilities, consistent with the requirements of federal law and § 71-5-124(b) ; (4) Cooperate with the appropriate federal department in any reasonable manner as may be necessary to qualify for federal aid in connection with the medical assistance program; (5) Within sixty (60) days after the close of each fiscal year, prepare and print an annual report, which shall be submitted to the governor and members of the general assembly. This report shall include a full account of the operations and the expenditures of all funds under this part, adequate and complete statistics divided by counties about all medical assistance within the state, rules and regulations of the department promulgated to carry out this part, and such other information as it may deem advisable; (6) Prepare or have prepared and release a summary statement monthly showing by counties the amount paid under this part and the total number of persons assisted; (7) Establish and enforce safeguards to prevent unauthorized disclosures or improper use of the information contained in applications, reports of investigations and medical examinations, and correspondence in the individual case records of recipients of medical assistance; (8) Furnish information to acquaint needy persons and the public generally with the plan for medical assistance of this state; (9) Cooperate with agencies in other states in establishing reciprocal agreements to provide for payment of medical assistance to recipients who have moved to another state, consistent with this part and of Title XIX as amended; (10) Contract, to the extent feasible, with one (1) or more contractors or fiscal intermediaries, or both, to provide or arrange services under this part. All such contracts shall be procured in accordance with the requirements of title 12, chapter 4, part 1; provided, that the department shall be required to solicit competitive proposals for contracts with fiscal intermediaries; (11) Increase the coverage under medicaid for inpatient hospital days from fourteen (14) days to twenty (20) days, as provided for in the public health regulations of the United States department of health and human services, health care financing administration (HCFA). Coverage for inpatient hospital days shall be unlimited for any infant under the age of one (1) year to the extent required by federal law or regulations. The commissioner is further directed to promulgate a rule establishing a system of prospective reimbursement, targeted reimbursement, diagnosis-related groups, other method of reimbursement related to diagnosis, or other method of reimbursement pursuant to any federal waiver that waives any or all of the provisions of Title XIX that the state may receive or pursuant to any other federal law as adopted by amendment to the required Title XIX state plan, at which time such mechanism shall be used to determine the number of inpatient hospital days instead of the twenty-day limitation provided in this subdivision (a)(11); and (12) Notwithstanding any law to the contrary, assist the council on children's mental health care in developing a plan that will establish demonstration sites in certain geographic areas where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state.
(1) Supervise the administration of medical assistance for eligible recipients;
(2) Make uniform rules and regulations, not inconsistent with the law, for implementing, administering and enforcing this part in an efficient, economical and impartial manner;
(3) (A) Establish, in consultation with the comptroller of the treasury, rules and regulations for the determination of payment for hospitals, and other health care providers who contract with the department for the care of persons eligible for assistance pursuant to this part; (B) Establish, in consultation with the comptroller of the treasury and the Tennessee Health Care Association (THCA), rules for an acuity and quality-based reimbursement methodology for nursing facility services paid for by the bureau of TennCare under the rules of the department and as designated and certified by the department. Payment determination components shall include acuity adjusted direct care, non-acuity adjusted direct care, quality, administration, fair market value capital, a cost-based component, and an inflation index factor. The inflation index factor that shall be the most recent Skilled Nursing Facility without Capital Market Basket Index as published by IHS Global Insight (IHS Economics) or other index as may be agreed to by the bureau of TennCare and the comptroller of the treasury, in consultation with THCA, should this index cease to be produced. The commissioner may establish the maximum amount to be paid to nursing facilities, consistent with the requirements of federal law and § 71-5-124(b) ;
(A) Establish, in consultation with the comptroller of the treasury, rules and regulations for the determination of payment for hospitals, and other health care providers who contract with the department for the care of persons eligible for assistance pursuant to this part;
(B) Establish, in consultation with the comptroller of the treasury and the Tennessee Health Care Association (THCA), rules for an acuity and quality-based reimbursement methodology for nursing facility services paid for by the bureau of TennCare under the rules of the department and as designated and certified by the department. Payment determination components shall include acuity adjusted direct care, non-acuity adjusted direct care, quality, administration, fair market value capital, a cost-based component, and an inflation index factor. The inflation index factor that shall be the most recent Skilled Nursing Facility without Capital Market Basket Index as published by IHS Global Insight (IHS Economics) or other index as may be agreed to by the bureau of TennCare and the comptroller of the treasury, in consultation with THCA, should this index cease to be produced. The commissioner may establish the maximum amount to be paid to nursing facilities, consistent with the requirements of federal law and § 71-5-124(b) ;
(4) Cooperate with the appropriate federal department in any reasonable manner as may be necessary to qualify for federal aid in connection with the medical assistance program;
(5) Within sixty (60) days after the close of each fiscal year, prepare and print an annual report, which shall be submitted to the governor and members of the general assembly. This report shall include a full account of the operations and the expenditures of all funds under this part, adequate and complete statistics divided by counties about all medical assistance within the state, rules and regulations of the department promulgated to carry out this part, and such other information as it may deem advisable;
(6) Prepare or have prepared and release a summary statement monthly showing by counties the amount paid under this part and the total number of persons assisted;
(7) Establish and enforce safeguards to prevent unauthorized disclosures or improper use of the information contained in applications, reports of investigations and medical examinations, and correspondence in the individual case records of recipients of medical assistance;
(8) Furnish information to acquaint needy persons and the public generally with the plan for medical assistance of this state;
(9) Cooperate with agencies in other states in establishing reciprocal agreements to provide for payment of medical assistance to recipients who have moved to another state, consistent with this part and of Title XIX as amended;
(10) Contract, to the extent feasible, with one (1) or more contractors or fiscal intermediaries, or both, to provide or arrange services under this part. All such contracts shall be procured in accordance with the requirements of title 12, chapter 4, part 1; provided, that the department shall be required to solicit competitive proposals for contracts with fiscal intermediaries;
(11) Increase the coverage under medicaid for inpatient hospital days from fourteen (14) days to twenty (20) days, as provided for in the public health regulations of the United States department of health and human services, health care financing administration (HCFA). Coverage for inpatient hospital days shall be unlimited for any infant under the age of one (1) year to the extent required by federal law or regulations. The commissioner is further directed to promulgate a rule establishing a system of prospective reimbursement, targeted reimbursement, diagnosis-related groups, other method of reimbursement related to diagnosis, or other method of reimbursement pursuant to any federal waiver that waives any or all of the provisions of Title XIX that the state may receive or pursuant to any other federal law as adopted by amendment to the required Title XIX state plan, at which time such mechanism shall be used to determine the number of inpatient hospital days instead of the twenty-day limitation provided in this subdivision (a)(11); and
(12) Notwithstanding any law to the contrary, assist the council on children's mental health care in developing a plan that will establish demonstration sites in certain geographic areas where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state.
(b) (1) Subject to subdivision (b)(3), the total number of beds in private for-profit and private not-for-profit intermediate care facilities for individuals with intellectual disabilities (ICF/IID) must not be less than six hundred ninety-six (696) absent a reduction in the occupancy rate to eighty percent (80%) or less of the statewide available occupancy as determined annually and must not exceed a total maximum number of eight hundred four (804) upon the voluntary surrender by the certificate of need providers. To determine the statewide available occupancy, the department of disability and aging shall use the data from cost reports submitted by providers to the comptroller of the treasury. The department shall demonstrate a commitment to assisting providers who chose to transition a current site from ICF/IID services to home and community-based services (HCBS) in achieving compliance with the HCBS settings rules. In compliance with the certificate of need process, private for-profit and private not-for-profit ICF/IID beds may be transferred from one (1) location or one (1) provider to another, but the total number of such beds must not exceed eight hundred four (804). (2) An available private ICF/IID bed may be filled only upon completion of a community-informed choice process established and administered by the department of disability and aging that fairly and completely represents available options in order to ensure that the placement is the most integrated and cost-effective setting and subject to the individual's freedom of choice. Providers may refuse persons based on needs compatibility considering the total mix of persons in the facility. The department of disability and aging shall demonstrate a commitment to ensuring the individual's freedom of choice and ensure that each eligible service recipient is fully informed of all services available to the recipient, including community ICF/IID facilities and the specialized services the facilities provide. (3) The total number of private for-profit and not-for-profit ICF/IID beds authorized in subdivision (b)(1) is permanently reduced upon voluntary surrender of a certificate of need for the specified number of ICF/IID beds by the owner. A surrendered bed must not be reestablished by the same or another owner.
(1) Subject to subdivision (b)(3), the total number of beds in private for-profit and private not-for-profit intermediate care facilities for individuals with intellectual disabilities (ICF/IID) must not be less than six hundred ninety-six (696) absent a reduction in the occupancy rate to eighty percent (80%) or less of the statewide available occupancy as determined annually and must not exceed a total maximum number of eight hundred four (804) upon the voluntary surrender by the certificate of need providers. To determine the statewide available occupancy, the department of disability and aging shall use the data from cost reports submitted by providers to the comptroller of the treasury. The department shall demonstrate a commitment to assisting providers who chose to transition a current site from ICF/IID services to home and community-based services (HCBS) in achieving compliance with the HCBS settings rules. In compliance with the certificate of need process, private for-profit and private not-for-profit ICF/IID beds may be transferred from one (1) location or one (1) provider to another, but the total number of such beds must not exceed eight hundred four (804).
(2) An available private ICF/IID bed may be filled only upon completion of a community-informed choice process established and administered by the department of disability and aging that fairly and completely represents available options in order to ensure that the placement is the most integrated and cost-effective setting and subject to the individual's freedom of choice. Providers may refuse persons based on needs compatibility considering the total mix of persons in the facility. The department of disability and aging shall demonstrate a commitment to ensuring the individual's freedom of choice and ensure that each eligible service recipient is fully informed of all services available to the recipient, including community ICF/IID facilities and the specialized services the facilities provide.
(3) The total number of private for-profit and not-for-profit ICF/IID beds authorized in subdivision (b)(1) is permanently reduced upon voluntary surrender of a certificate of need for the specified number of ICF/IID beds by the owner. A surrendered bed must not be reestablished by the same or another owner.
(c) Notwithstanding any authority to the contrary, DIDD public ICF/MR non-facility beds established pursuant to federal litigation settlements or orders arising out of the cases United States v. State of Tennessee , 798 F. Supp. 483; 1992 U.S. Dist. LEXIS 14004 (W.D. Tenn. 1992), or People First of Tennessee, et al., v. Clover Bottom Developmental Center, et al. , NO. 00-5342 (Docket) (C.A.6 Mar. 22, 2000), shall be exempt from all requirements and processes for the application and granting of certificates of need as set forth in § 68-11-1607 . The establishment of all private ICF/MR non-facility beds remains subject to certificate of need requirements and processes.
Amended by 2024 Tenn. Acts, ch. 688,s 181, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 254, s 1, eff. 4/28/2023.
Amended by 2018 Tenn. Acts, ch. 836, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 630, s 1, eff. 3/23/2016.
Amended by 2013 Tenn. Acts, ch. 239, s 1, eff. 7/1/2013.
Acts 1968, ch. 551, § 5; T.C.A., § 14-1905; Acts 1982, ch. 730, § 5; 1984, ch. 787, § 9; 1986, ch. 831, § 1; 1986, ch. 884, § 1; T.C.A., § 14-23-105; Acts 1989, ch. 45, § 1; 1989, ch. 296, § 1; 1992, ch. 903, § 1; 1993, ch. 358, § 4; 1997 , ch. 478, § 3; 2006, ch. 761, § 1; 2007 , ch. 307, § 1; 2008 , ch. 1062, § 11; 2008 , ch. 1190, § 19; 2009 , ch. 458, § 1; 2009 , ch. 477, § 1; 2010 , ch. 1100, § 139.
Tenn. Code Ann. § 71-5-136 — TN Code / Title 71 / Chapter 5 / Section 71-5-136
Hold harmless requirements prohibited
Status: in_force

No health insurer, prepaid group health plan, health maintenance organization, preferred provider organization or similar entity licensed under this part that provides or administers health insurance under the TennCare Program, shall require, by contract or otherwise, any title 63 or 68 licensee to indemnify or hold harmless such TennCare managed care organization or title 56 licensee for tort or patent or copyright infringement liability that such TennCare managed care organization or title 56 licensee incurs, experiences, or causes by act or omission, or by act or omission of the title 63 or 68 provider to the extent the act or omission was pursuant to a directive of the title 56 licensee. Acts 1997, ch. 376, § 2.
No health insurer, prepaid group health plan, health maintenance organization, preferred provider organization or similar entity licensed under this part that provides or administers health insurance under the TennCare Program, shall require, by contract or otherwise, any title 63 or 68 licensee to indemnify or hold harmless such TennCare managed care organization or title 56 licensee for tort or patent or copyright infringement liability that such TennCare managed care organization or title 56 licensee incurs, experiences, or causes by act or omission, or by act or omission of the title 63 or 68 provider to the extent the act or omission was pursuant to a directive of the title 56 licensee.
Acts 1997, ch. 376, § 2.
Tenn. Code Ann. § 71-3-506 — TN Code / Title 71 / Chapter 3 / Section 71-3-506
Public agencies - Inspection and report
Status: in_force

Any child care agency, as defined in this part, that is under the direct management or control of an administrative department of the state, a county, municipality, or development district, or any combination of these, shall be subject to licensure pursuant to this part; provided, however, that the requirements for audits set forth in former § 71-3-502(j)(6)(C) and (D) [repealed] shall be satisfied by audits that are conducted by the comptroller of the treasury or other public agency auditors. Acts 2000, ch. 981, § 7; 2005, ch. 151, § 13.
Any child care agency, as defined in this part, that is under the direct management or control of an administrative department of the state, a county, municipality, or development district, or any combination of these, shall be subject to licensure pursuant to this part; provided, however, that the requirements for audits set forth in former § 71-3-502(j)(6)(C) and (D) [repealed] shall be satisfied by audits that are conducted by the comptroller of the treasury or other public agency auditors.
Acts 2000, ch. 981, § 7; 2005, ch. 151, § 13.
Tenn. Code Ann. § 71-1-109 — TN Code / Title 71 / Chapter 1 / Section 71-1-109
Legal assistance - Property - Rules
Status: in_force

The attorney general and reporter shall, when requested, advise the department on matters of law. The department may acquire, hold, and alienate property necessary or desirable for the performance of the functions vested in it by law. It shall have all powers necessary and proper for the carrying out of its functions, including the power to adopt and promulgate rules binding upon itself, and all persons subject to its control. Acts 1937, ch. 48, § 6; 1949, ch. 114, § 1; C. Supp. 1950, § 4765.9 (Williams, § 4765.6); Acts 1979, ch. 422, § 27; T.C.A. (orig. ed.), §§ 14-109, 14-1-109.
The attorney general and reporter shall, when requested, advise the department on matters of law. The department may acquire, hold, and alienate property necessary or desirable for the performance of the functions vested in it by law. It shall have all powers necessary and proper for the carrying out of its functions, including the power to adopt and promulgate rules binding upon itself, and all persons subject to its control.
Acts 1937, ch. 48, § 6; 1949, ch. 114, § 1; C. Supp. 1950, § 4765.9 (Williams, § 4765.6); Acts 1979, ch. 422, § 27; T.C.A. (orig. ed.), §§ 14-109, 14-1-109.
Tenn. Code Ann. § 71-5-1506 — TN Code / Title 71 / Chapter 5 / Section 71-5-1506
Policy measures to ensure enforcement and compliance - Penalties - Quarterly transport count data
Status: in_force

(a) The bureau has the authority to create policy measures that ensure the enforcement and compliance of this part. The bureau shall require an ambulance provider that fails to pay an assessment due under this part to pay the bureau, in addition to the assessment, a penalty of fifty dollars ($50.00) per calendar day for each day the assessment remains unpaid in full after the date due. The bureau may waive penalties for a delinquent provider if the provider has entered into a payment plan approved by the bureau. If the provider fails to comply with the terms of the payment plan, then the bureau may reinstate the waived penalties. Other enforcement measures determined by the bureau include, but are not limited to, recoupments, withholding of future payments, and loss of medicaid ID. (b) The bureau shall require ambulance providers to submit quarterly transport count data for all transports to the office of emergency services within thirty (30) days of the end of the quarter. Amended by 2019 Tenn. Acts, ch. 188,s 1, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 874,s 1, eff. 7/1/2018. Added by 2017 Tenn. Acts, ch. 258,s 1, eff. 7/1/2017.
(a) The bureau has the authority to create policy measures that ensure the enforcement and compliance of this part. The bureau shall require an ambulance provider that fails to pay an assessment due under this part to pay the bureau, in addition to the assessment, a penalty of fifty dollars ($50.00) per calendar day for each day the assessment remains unpaid in full after the date due. The bureau may waive penalties for a delinquent provider if the provider has entered into a payment plan approved by the bureau. If the provider fails to comply with the terms of the payment plan, then the bureau may reinstate the waived penalties. Other enforcement measures determined by the bureau include, but are not limited to, recoupments, withholding of future payments, and loss of medicaid ID.
(b) The bureau shall require ambulance providers to submit quarterly transport count data for all transports to the office of emergency services within thirty (30) days of the end of the quarter.
Amended by 2019 Tenn. Acts, ch. 188,s 1, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 874,s 1, eff. 7/1/2018.
Added by 2017 Tenn. Acts, ch. 258,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 71-1-103 — TN Code / Title 71 / Chapter 1 / Section 71-1-103
Department created
Status: in_force

There is created a department of state government, which shall be known and designated as the department of human services. Acts 1937, ch. 48, § 1; 1939, ch. 95, § 2; C. Supp. 1950, § 4765.3 (Williams, § 4765.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-103, 14-1-103.
There is created a department of state government, which shall be known and designated as the department of human services.
Acts 1937, ch. 48, § 1; 1939, ch. 95, § 2; C. Supp. 1950, § 4765.3 (Williams, § 4765.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-103, 14-1-103.
Tenn. Code Ann. § 71-4-1109 — TN Code / Title 71 / Chapter 4 / Section 71-4-1109
Notice of change of status by recipient
Status: in_force

(a) If at any time during the continuance of assistance the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the county office of the receipt or possession of such property or income. (b) The regional director, or a designated agent, may, after investigation, either cancel the assistance or alter the amount of the money payments in accordance with the circumstances. (c) Any assistance paid after the recipient has come into possession of such property or income and in excess of such recipient's need as determined by the department's standards shall be recoverable in a suit by the state as a debt due to the state. Acts 1953, ch. 16, § 11 (Williams, § 4765.163); Acts 1957, ch. 117, § 20; 1961, ch. 17, § 1; 1974, ch. 628, § 12; T.C.A. (orig. ed.), §§ 14-414, 14-16-109.
(a) If at any time during the continuance of assistance the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the county office of the receipt or possession of such property or income.
(b) The regional director, or a designated agent, may, after investigation, either cancel the assistance or alter the amount of the money payments in accordance with the circumstances.
(c) Any assistance paid after the recipient has come into possession of such property or income and in excess of such recipient's need as determined by the department's standards shall be recoverable in a suit by the state as a debt due to the state.
Acts 1953, ch. 16, § 11 (Williams, § 4765.163); Acts 1957, ch. 117, § 20; 1961, ch. 17, § 1; 1974, ch. 628, § 12; T.C.A. (orig. ed.), §§ 14-414, 14-16-109.
Tenn. Code Ann. § 71-5-2304 — TN Code / Title 71 / Chapter 5 / Section 71-5-2304
Contracts for support of poor
Status: in_force

The county legislative body may also contract with any person for the support of any or all the poor of the county, upon such terms as may be deemed reasonable, for a period not exceeding one (1) year. Code 1858, § 1616; Shan., § 2700; Code 1932, § 4817; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1004, 14-20-304.
The county legislative body may also contract with any person for the support of any or all the poor of the county, upon such terms as may be deemed reasonable, for a period not exceeding one (1) year.
Code 1858, § 1616; Shan., § 2700; Code 1932, § 4817; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1004, 14-20-304.
Tenn. Code Ann. § 71-7-102 — TN Code / Title 71 / Chapter 7 / Section 71-7-102
Members of rare disease advisory council - Meetings - Administrative attachment
Status: in_force

(a) The advisory council is administratively attached to the bureau of TennCare, and is composed of eleven (11) members as follows: (1) The governor shall appoint: (A) One (1) representative from the bureau of TennCare; (B) Two (2) representatives from academic research institutions in this state that receive grant funding for rare disease research; (C) Two (2) physicians licensed and practicing in this state with experience in researching, diagnosing, or treating rare diseases; (D) One (1) geneticist licensed and practicing in this state; (E) One (1) registered nurse or advanced practice registered nurse with experience treating rare diseases who is licensed and practicing in this state; (F) One (1) resident of this state who is eighteen (18) years of age or older and who: (i) Has been diagnosed with a rare disease; or (ii) Is a caregiver for a person who has been diagnosed with a rare disease; and (G) One (1) representative of a rare disease patient organization operating in this state; and (2) The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) member to the advisory council. (b) In order to stagger the terms of the newly appointed advisory council members: (1) The persons appointed under subdivisions (a)(1)(A) and (B) serve initial terms of one (1) year, which expire on June 30, 2021; (2) The persons appointed under subdivisions (a)(1)(C)-(E) serve initial terms of two (2) years, which expire on June 30, 2022; and (3) The persons appointed under subdivisions (a)(1)(F), (a)(1)(G), and (a)(2) serve initial terms of three (3) years, which expire on June 30, 2023. (c) (1) Following the expiration of their initial terms, all appointed members of the advisory council serve terms of three (3) years. (2) Members of the advisory council shall serve until their successors have been appointed, with vacancies to be filled in the same manner as provided in the original appointments. (d) In making appointments to the advisory council, the appointing authorities shall strive to ensure that the advisory council is composed of persons who are diverse in professional or educational background, ethnicity, race, age, sex, geographic residency, heritage, perspective, and experience. (e) The advisory council members receive no compensation for their services on the advisory council. (f) (1) The advisory council shall meet quarterly, and may meet more often as determined by a majority vote of the advisory council. A member may participate in an advisory council meeting by teleconference up to two (2) times each calendar year. (2) The governor shall call the initial meeting of the advisory council no later than October 1, 2020. (3) Members shall elect a chair, vice chair, and secretary whose duties are established by the council. (4) All meetings of the council are at the call of the chair. (5) The council is administratively attached to TennCare for the purpose of submitting meeting minutes compiled by the council secretary to the DUR and PAC. Added by 2020 Tenn. Acts, ch. 645, s 1, eff. 7/1/2020.
(a) The advisory council is administratively attached to the bureau of TennCare, and is composed of eleven (11) members as follows: (1) The governor shall appoint: (A) One (1) representative from the bureau of TennCare; (B) Two (2) representatives from academic research institutions in this state that receive grant funding for rare disease research; (C) Two (2) physicians licensed and practicing in this state with experience in researching, diagnosing, or treating rare diseases; (D) One (1) geneticist licensed and practicing in this state; (E) One (1) registered nurse or advanced practice registered nurse with experience treating rare diseases who is licensed and practicing in this state; (F) One (1) resident of this state who is eighteen (18) years of age or older and who: (i) Has been diagnosed with a rare disease; or (ii) Is a caregiver for a person who has been diagnosed with a rare disease; and (G) One (1) representative of a rare disease patient organization operating in this state; and (2) The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) member to the advisory council.
(1) The governor shall appoint: (A) One (1) representative from the bureau of TennCare; (B) Two (2) representatives from academic research institutions in this state that receive grant funding for rare disease research; (C) Two (2) physicians licensed and practicing in this state with experience in researching, diagnosing, or treating rare diseases; (D) One (1) geneticist licensed and practicing in this state; (E) One (1) registered nurse or advanced practice registered nurse with experience treating rare diseases who is licensed and practicing in this state; (F) One (1) resident of this state who is eighteen (18) years of age or older and who: (i) Has been diagnosed with a rare disease; or (ii) Is a caregiver for a person who has been diagnosed with a rare disease; and (G) One (1) representative of a rare disease patient organization operating in this state; and
(A) One (1) representative from the bureau of TennCare;
(B) Two (2) representatives from academic research institutions in this state that receive grant funding for rare disease research;
(C) Two (2) physicians licensed and practicing in this state with experience in researching, diagnosing, or treating rare diseases;
(D) One (1) geneticist licensed and practicing in this state;
(E) One (1) registered nurse or advanced practice registered nurse with experience treating rare diseases who is licensed and practicing in this state;
(F) One (1) resident of this state who is eighteen (18) years of age or older and who: (i) Has been diagnosed with a rare disease; or (ii) Is a caregiver for a person who has been diagnosed with a rare disease; and
(i) Has been diagnosed with a rare disease; or
(ii) Is a caregiver for a person who has been diagnosed with a rare disease; and
(G) One (1) representative of a rare disease patient organization operating in this state; and
(2) The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) member to the advisory council.
(b) In order to stagger the terms of the newly appointed advisory council members: (1) The persons appointed under subdivisions (a)(1)(A) and (B) serve initial terms of one (1) year, which expire on June 30, 2021; (2) The persons appointed under subdivisions (a)(1)(C)-(E) serve initial terms of two (2) years, which expire on June 30, 2022; and (3) The persons appointed under subdivisions (a)(1)(F), (a)(1)(G), and (a)(2) serve initial terms of three (3) years, which expire on June 30, 2023.
(1) The persons appointed under subdivisions (a)(1)(A) and (B) serve initial terms of one (1) year, which expire on June 30, 2021;
(2) The persons appointed under subdivisions (a)(1)(C)-(E) serve initial terms of two (2) years, which expire on June 30, 2022; and
(3) The persons appointed under subdivisions (a)(1)(F), (a)(1)(G), and (a)(2) serve initial terms of three (3) years, which expire on June 30, 2023.
(c) (1) Following the expiration of their initial terms, all appointed members of the advisory council serve terms of three (3) years. (2) Members of the advisory council shall serve until their successors have been appointed, with vacancies to be filled in the same manner as provided in the original appointments.
(1) Following the expiration of their initial terms, all appointed members of the advisory council serve terms of three (3) years.
(2) Members of the advisory council shall serve until their successors have been appointed, with vacancies to be filled in the same manner as provided in the original appointments.
(d) In making appointments to the advisory council, the appointing authorities shall strive to ensure that the advisory council is composed of persons who are diverse in professional or educational background, ethnicity, race, age, sex, geographic residency, heritage, perspective, and experience.
(e) The advisory council members receive no compensation for their services on the advisory council.
(f) (1) The advisory council shall meet quarterly, and may meet more often as determined by a majority vote of the advisory council. A member may participate in an advisory council meeting by teleconference up to two (2) times each calendar year. (2) The governor shall call the initial meeting of the advisory council no later than October 1, 2020. (3) Members shall elect a chair, vice chair, and secretary whose duties are established by the council. (4) All meetings of the council are at the call of the chair. (5) The council is administratively attached to TennCare for the purpose of submitting meeting minutes compiled by the council secretary to the DUR and PAC.
(1) The advisory council shall meet quarterly, and may meet more often as determined by a majority vote of the advisory council. A member may participate in an advisory council meeting by teleconference up to two (2) times each calendar year.
(2) The governor shall call the initial meeting of the advisory council no later than October 1, 2020.
(3) Members shall elect a chair, vice chair, and secretary whose duties are established by the council.
(4) All meetings of the council are at the call of the chair.
(5) The council is administratively attached to TennCare for the purpose of submitting meeting minutes compiled by the council secretary to the DUR and PAC.
Added by 2020 Tenn. Acts, ch. 645, s 1, eff. 7/1/2020.
Tenn. Code Ann. § 71-5-2001 — TN Code / Title 71 / Chapter 5 / Section 71-5-2001
[Expires 7/1/2025] Short title
Status: in_force

This part is known and may be cited as the "Annual Coverage Assessment Act of 2024." 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.
This part is known and may be cited as the "Annual Coverage Assessment Act of 2024."
Amended by 2024 Tenn. Acts, ch. 953,s 1, eff. 6/30/2024.
Added by 2023 Tenn. Acts, ch. 232, s 1, eff. 6/30/2023.
Tenn. Code Ann. § 71-5-196 — TN Code / Title 71 / Chapter 5 / Section 71-5-196
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, § 6.
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, § 6.
Tenn. Code Ann. § 71-5-165 — TN Code / Title 71 / Chapter 5 / Section 71-5-165
Reimbursement of ambulance service provider that provides covered service to TennCare recipient
Status: in_force

(a) The bureau of TennCare shall reimburse an ambulance service provider that provides a covered service to a TennCare recipient at a rate not less than sixty-seven and one-half percent (67.5%) of the federal medicare program's allowable charge for participating providers. For purposes of this section, "ambulance service provider" means a public or private ground-based ambulance service that bills for transports and has a base of operations in this state. (b) This section does not affect the Ground Ambulance Service Provider Assessment Act, compiled under part 15 of this chapter. Funds described under this section and part 15 of this chapter may not be used to fund the other. (c) The bureau of TennCare shall seek an intergovernmental transfer of funds, in consultation with, and subject to approval of, the commissioner of finance and administration for the sole purpose of increasing the rate of reimbursement to ambulance service providers that provide covered services to TennCare recipients at a rate greater than the rate described under subsection (a). (d) The bureau of TennCare, in consultation with and subject to approval of the commissioner of finance and administration, shall develop and implement a program substantially similar to the federal centers for medicare and medicaid services' Emergency Triage, Treat, and Transport (ET3) model, established pursuant to Section 1115A of the federal Social Security Act ( 42 U.S.C. § 1315a ), in a manner that complies with this section. Amended by 2022 Tenn. Acts, ch. 919, s 1, eff. 4/27/2022. Acts 2020, ch. 658, §§ 1, 2.
(a) The bureau of TennCare shall reimburse an ambulance service provider that provides a covered service to a TennCare recipient at a rate not less than sixty-seven and one-half percent (67.5%) of the federal medicare program's allowable charge for participating providers. For purposes of this section, "ambulance service provider" means a public or private ground-based ambulance service that bills for transports and has a base of operations in this state.
(b) This section does not affect the Ground Ambulance Service Provider Assessment Act, compiled under part 15 of this chapter. Funds described under this section and part 15 of this chapter may not be used to fund the other.
(c) The bureau of TennCare shall seek an intergovernmental transfer of funds, in consultation with, and subject to approval of, the commissioner of finance and administration for the sole purpose of increasing the rate of reimbursement to ambulance service providers that provide covered services to TennCare recipients at a rate greater than the rate described under subsection (a).
(d) The bureau of TennCare, in consultation with and subject to approval of the commissioner of finance and administration, shall develop and implement a program substantially similar to the federal centers for medicare and medicaid services' Emergency Triage, Treat, and Transport (ET3) model, established pursuant to Section 1115A of the federal Social Security Act ( 42 U.S.C. § 1315a ), in a manner that complies with this section.
Amended by 2022 Tenn. Acts, ch. 919, s 1, eff. 4/27/2022.
Acts 2020, ch. 658, §§ 1, 2.
Tenn. Code Ann. § 71-2-409 — TN Code / Title 71 / Chapter 2 / Section 71-2-409
Inspections - Refusal - Probation
Status: in_force

(a) The department may conduct inspections of every licensed facility or suspected adult day care center. The evaluation method adopted by the department shall be published and distributed to each licensed adult day care center and any other interested person. (b) Any duly authorized officer, employee or agent of the department may, upon presentation of proper identification, enter and inspect any place providing adult day care at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, any provision of this part or any regulation adopted under this part. If refused entrance for inspection of a licensed or suspected adult day care center, the chancery or circuit court of the county where the licensed or suspected adult day care center is located may issue an immediate ex parte order permitting the department's inspection upon a showing of probable cause and the court may direct any law enforcement officer to aid the department in executing such order and inspection. Refusal to obey such order may be punished as contempt. (c) (1) If, during the licensing period, the department determines that an adult day care center is not in compliance with the laws or regulations governing its operation, the department may place the adult day care center on probation for a definite period of not less than thirty (30) days nor more than sixty (60) days as determined by the department, and the department shall require the posting by the center of the notice of probation. The department shall provide the center a written basis describing the violation of the licensing rules that support the basis for the probationary status. (2) (A) If placed on probation, the center shall immediately post a copy of the probation notice, together with a list provided by the department of the violations that were the basis for the probation, in a conspicuous place as directed by the department and with the center's license, and the center shall immediately notify in writing the responsible adult day care participant and the responsible relative or caretaker of each of the adults in its care of the center's status, the basis for the probation and of the center's right to an informal review of the probationary status. (B) If the center requests an informal review within two (2) business days of the imposition of probation, either verbally or in writing to the department's licensing staff that imposed the probation, the department shall informally review the probationary status by a departmental staff person who was not involved in the decision to impose the probation. The center may submit any written or oral statements as argument to the departmental staff person within five (5) business days of the imposition of the probation. Written and oral statements may be received by any available electronic means. The departmental staff person shall render a decision in writing upholding, modifying or lifting the probationary status within ten (10) business days of the imposition of the probation. (3) If the departmental staff person does not lift the probation under subdivision (c)(2)(B), the center may also appeal such action in writing to the commissioner within five (5) business days of the receipt of the notice of the departmental staff person's decision regarding the center's probationary status as determined in subdivision (c)(2)(B). If timely appealed, the department shall conduct an administrative hearing pursuant to the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, concerning the department's action within fifteen (15) business days of receipt of the appeal and shall render a decision in writing within seven (7) business days following conclusion of the hearing. The hearing officer may uphold, modify or lift the probation. (4) This subsection (c) shall be discretionary with the department, and shall not be a prerequisite to any licensing action, to suspend, deny or revoke a license of an adult day care center. (d) The department shall make available to all interested persons a list of all licensed adult day care centers and the services that each facility provides. Reports on the results of each inspection, evaluation or consultation performed pursuant to this section shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies and plans of correction shall be open to public inspection during regular business hours. Acts 1996, ch. 1058, § 12; T.C.A., § 71-2-411 ; Acts 2000, ch. 981, § 72; 2001, ch. 453, § 23.
(a) The department may conduct inspections of every licensed facility or suspected adult day care center. The evaluation method adopted by the department shall be published and distributed to each licensed adult day care center and any other interested person.
(b) Any duly authorized officer, employee or agent of the department may, upon presentation of proper identification, enter and inspect any place providing adult day care at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, any provision of this part or any regulation adopted under this part. If refused entrance for inspection of a licensed or suspected adult day care center, the chancery or circuit court of the county where the licensed or suspected adult day care center is located may issue an immediate ex parte order permitting the department's inspection upon a showing of probable cause and the court may direct any law enforcement officer to aid the department in executing such order and inspection. Refusal to obey such order may be punished as contempt.
(c) (1) If, during the licensing period, the department determines that an adult day care center is not in compliance with the laws or regulations governing its operation, the department may place the adult day care center on probation for a definite period of not less than thirty (30) days nor more than sixty (60) days as determined by the department, and the department shall require the posting by the center of the notice of probation. The department shall provide the center a written basis describing the violation of the licensing rules that support the basis for the probationary status. (2) (A) If placed on probation, the center shall immediately post a copy of the probation notice, together with a list provided by the department of the violations that were the basis for the probation, in a conspicuous place as directed by the department and with the center's license, and the center shall immediately notify in writing the responsible adult day care participant and the responsible relative or caretaker of each of the adults in its care of the center's status, the basis for the probation and of the center's right to an informal review of the probationary status. (B) If the center requests an informal review within two (2) business days of the imposition of probation, either verbally or in writing to the department's licensing staff that imposed the probation, the department shall informally review the probationary status by a departmental staff person who was not involved in the decision to impose the probation. The center may submit any written or oral statements as argument to the departmental staff person within five (5) business days of the imposition of the probation. Written and oral statements may be received by any available electronic means. The departmental staff person shall render a decision in writing upholding, modifying or lifting the probationary status within ten (10) business days of the imposition of the probation. (3) If the departmental staff person does not lift the probation under subdivision (c)(2)(B), the center may also appeal such action in writing to the commissioner within five (5) business days of the receipt of the notice of the departmental staff person's decision regarding the center's probationary status as determined in subdivision (c)(2)(B). If timely appealed, the department shall conduct an administrative hearing pursuant to the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, concerning the department's action within fifteen (15) business days of receipt of the appeal and shall render a decision in writing within seven (7) business days following conclusion of the hearing. The hearing officer may uphold, modify or lift the probation. (4) This subsection (c) shall be discretionary with the department, and shall not be a prerequisite to any licensing action, to suspend, deny or revoke a license of an adult day care center.
(1) If, during the licensing period, the department determines that an adult day care center is not in compliance with the laws or regulations governing its operation, the department may place the adult day care center on probation for a definite period of not less than thirty (30) days nor more than sixty (60) days as determined by the department, and the department shall require the posting by the center of the notice of probation. The department shall provide the center a written basis describing the violation of the licensing rules that support the basis for the probationary status.
(2) (A) If placed on probation, the center shall immediately post a copy of the probation notice, together with a list provided by the department of the violations that were the basis for the probation, in a conspicuous place as directed by the department and with the center's license, and the center shall immediately notify in writing the responsible adult day care participant and the responsible relative or caretaker of each of the adults in its care of the center's status, the basis for the probation and of the center's right to an informal review of the probationary status. (B) If the center requests an informal review within two (2) business days of the imposition of probation, either verbally or in writing to the department's licensing staff that imposed the probation, the department shall informally review the probationary status by a departmental staff person who was not involved in the decision to impose the probation. The center may submit any written or oral statements as argument to the departmental staff person within five (5) business days of the imposition of the probation. Written and oral statements may be received by any available electronic means. The departmental staff person shall render a decision in writing upholding, modifying or lifting the probationary status within ten (10) business days of the imposition of the probation.
(A) If placed on probation, the center shall immediately post a copy of the probation notice, together with a list provided by the department of the violations that were the basis for the probation, in a conspicuous place as directed by the department and with the center's license, and the center shall immediately notify in writing the responsible adult day care participant and the responsible relative or caretaker of each of the adults in its care of the center's status, the basis for the probation and of the center's right to an informal review of the probationary status.
(B) If the center requests an informal review within two (2) business days of the imposition of probation, either verbally or in writing to the department's licensing staff that imposed the probation, the department shall informally review the probationary status by a departmental staff person who was not involved in the decision to impose the probation. The center may submit any written or oral statements as argument to the departmental staff person within five (5) business days of the imposition of the probation. Written and oral statements may be received by any available electronic means. The departmental staff person shall render a decision in writing upholding, modifying or lifting the probationary status within ten (10) business days of the imposition of the probation.
(3) If the departmental staff person does not lift the probation under subdivision (c)(2)(B), the center may also appeal such action in writing to the commissioner within five (5) business days of the receipt of the notice of the departmental staff person's decision regarding the center's probationary status as determined in subdivision (c)(2)(B). If timely appealed, the department shall conduct an administrative hearing pursuant to the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, concerning the department's action within fifteen (15) business days of receipt of the appeal and shall render a decision in writing within seven (7) business days following conclusion of the hearing. The hearing officer may uphold, modify or lift the probation.
(4) This subsection (c) shall be discretionary with the department, and shall not be a prerequisite to any licensing action, to suspend, deny or revoke a license of an adult day care center.
(d) The department shall make available to all interested persons a list of all licensed adult day care centers and the services that each facility provides. Reports on the results of each inspection, evaluation or consultation performed pursuant to this section shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies and plans of correction shall be open to public inspection during regular business hours.
Acts 1996, ch. 1058, § 12; T.C.A., § 71-2-411 ; Acts 2000, ch. 981, § 72; 2001, ch. 453, § 23.
Tenn. Code Ann. § 71-4-507 — TN Code / Title 71 / Chapter 4 / Section 71-4-507
Dispute resolution
Status: in_force

(a) Except as stated in subsection (b), if a dispute arises between the management of public property and the department concerning any matter contained in this part, then either party may file a complaint setting forth the dispute with the secretary of state. Within ten (10) days of the filing of the complaint, the secretary of state shall appoint an administrative law judge from the administrative procedures division of the secretary of state's office who shall set an administrative hearing to be held under the Uniform Administrative Procedure Act, compiled in title 4, chapter 5, part 3, within thirty (30) days of the appointment, unless for good cause shown a later time is deemed necessary. Notwithstanding other provisions of the law to the contrary, the secretary of state or the secretary of state's designee has the authority to render a final order following entry of an initial order by the administrative law judge. Such order shall be appealable as provided by § 4-5-322 . (b) The secretary of state shall be without jurisdiction to hear any complaint concerning the qualifications or status of a licensed or temporary manager who is operating under a license or agreement of the department, and shall be without jurisdiction to hear or establish any damage award for or against any person, any officer or employee of the state, or any public property's governing body or its officers or employees. (c) The case may be heard and decided entirely upon stipulations and briefs of all parties without the presentation of oral or other written evidence, it being the intent of the general assembly to allow for an early resolution to the disputes arising under this part. Acts 1994, ch. 723, § 2.
(a) Except as stated in subsection (b), if a dispute arises between the management of public property and the department concerning any matter contained in this part, then either party may file a complaint setting forth the dispute with the secretary of state. Within ten (10) days of the filing of the complaint, the secretary of state shall appoint an administrative law judge from the administrative procedures division of the secretary of state's office who shall set an administrative hearing to be held under the Uniform Administrative Procedure Act, compiled in title 4, chapter 5, part 3, within thirty (30) days of the appointment, unless for good cause shown a later time is deemed necessary. Notwithstanding other provisions of the law to the contrary, the secretary of state or the secretary of state's designee has the authority to render a final order following entry of an initial order by the administrative law judge. Such order shall be appealable as provided by § 4-5-322 .
(b) The secretary of state shall be without jurisdiction to hear any complaint concerning the qualifications or status of a licensed or temporary manager who is operating under a license or agreement of the department, and shall be without jurisdiction to hear or establish any damage award for or against any person, any officer or employee of the state, or any public property's governing body or its officers or employees.
(c) The case may be heard and decided entirely upon stipulations and briefs of all parties without the presentation of oral or other written evidence, it being the intent of the general assembly to allow for an early resolution to the disputes arising under this part.
Acts 1994, ch. 723, § 2.
Tenn. Code Ann. § 71-3-108 — TN Code / Title 71 / Chapter 3 / Section 71-3-108
Modifications to program - Federal waivers
Status: in_force

(a) The commissioner of human services is authorized, pursuant to the requirements of subsections (b) and (c), to immediately implement changes necessary as a result of federal legislation designed to reform welfare programs that are, or may be in the future, administered by the department of human services or other appropriate state agencies. (b) It is the intent of the general assembly that any modifications to the state's welfare programs be implemented that are required by federal law or that are necessary to ensure or enhance federal funding of the state's welfare programs or that are necessary for the implementation of such changes. Acting in accordance with § 4-5-108 , the department shall have authority to immediately implement any federal legislative changes by emergency rules; provided, that permanent rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) For purposes of this section, "welfare program" is defined as any federal or state means-tested program administered by the department of human services, or any child support enforcement program administered by the department of human services pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), the Carl D. Perkins Vocational and Applied Technology Act authorized by P.L. 101-392 [repealed], and the Adult Education Act, authorized by P.L. 100-297 [repealed], as amended by the National Literacy Act of 1991, P.L. 102-73 [repealed]. (d) (1) The commissioner of human services is authorized to seek and to implement waivers to carry out this part and chapter 5, part 12 of this title to the extent permitted by federal authorities. (2) (A) If waivers that are necessary to implement any or all of the provisions of this part, chapter 3, parts 9 and 10 and chapter 5, part 12 of this title cannot be obtained, or in those counties for which the continued operation of the existing welfare program may be required by the federal authorities for the evaluation of any waivers granted by the federal government, the department shall continue to administer, pursuant to the requirements of federal statutes and regulations, the federally funded programs of economic or welfare assistance to families and children under Titles IV-A and IV-D of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 651 et seq.), respectively, as they may continue to exist on or after September 1, 1996, until such time as such programs may be terminated or modified by the congress of the United States, the United States department of health and human services or its successor, or the general assembly. (B) (i) If at any time: (a) The congress of the United States terminates or modifies the Title IV-A block grant program for federally funded economic or welfare assistance to families and children to the states under the temporary assistance to needy families program (TANF) as provided in Public Law 104-193 (1996) ( 42 U.S.C. § 601 et seq.), as amended; (b) The congress of the United States, or the United States department of health and human services or its successor terminates, or modifies, Tennessee's Section 1115 waiver obtained pursuant to subdivision (d)(1) on July 26, 1996, that resulted in the creation of the families first program; or (c) In the future, action by congress, or by the United States department of health and human services or its successor, terminates or modifies any subsequent federally funded economic or welfare assistance program or any waiver that may be obtained for the operation of such a program for families and children, or a waiver that may be obtained for a welfare program demonstration project; (ii) Then, in that circumstance, the department shall continue to administer, pursuant to the requirements of federal statutes and regulations existing at that time or subsequently enacted, the programs of economic or welfare assistance to families and children under Titles IV-A and IV-D of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 651 et seq.), respectively, as they may continue to exist on or after the date of such termination or modification or until the granting of a new waiver, and this part, chapter 3, parts 9 and 10 and chapter 5, part 12 of this title shall be superseded to the extent: (a) Those provisions are inconsistent with any federal requirements for which no waiver exists; or (b) No further federal funding is available, unless the general assembly specifically authorizes and funds the continuation of such provisions that do not otherwise conflict with federal law, regulation or waiver requirements. (C) The termination or modification of any federally funded programs for the economic assistance to families and children shall not result in any entitlement to funding by the state of Tennessee for such programs pursuant to this part, chapter 3, parts, 9 and 10 and chapter 5, part 12 of this title, or otherwise, unless appropriations are made in the appropriations act specifically for such purpose. (D) Notwithstanding any law to the contrary, the department shall have authority to implement any rules, by emergency rule, that are necessary to: (i) Maintain compliance with such terminations or modifications; (ii) Maintain federal funding; (iii) Comply with any federal regulation that has not been waived; or (iv) Comply with any waiver requirements; provided, however, that the department shall promulgate permanent rules pursuant to a rulemaking hearing as required by the Uniform Administrative Procedures Act. (e) Child support received by the department with respect to recipients of temporary assistance shall be passed on to the recipient in the same manner as was the practice of the department prior to July 1, 1996, with respect to recipients of aid to families with dependent children (AFDC). However, the department shall not be required to pass through any portion of child support that by federal law must be paid to the federal government. The department shall seek any available waiver from a requirement that any portion of child support must be paid to the federal government, and, if a waiver is granted, pass the support through to the recipient of temporary assistance as required in this subsection (e). Acts 1996, ch. 950, § 9; 2003 , ch. 119, § 1; 2009 , ch. 566, § 12; T.C.A., § 71-3-158.
(a) The commissioner of human services is authorized, pursuant to the requirements of subsections (b) and (c), to immediately implement changes necessary as a result of federal legislation designed to reform welfare programs that are, or may be in the future, administered by the department of human services or other appropriate state agencies.
(b) It is the intent of the general assembly that any modifications to the state's welfare programs be implemented that are required by federal law or that are necessary to ensure or enhance federal funding of the state's welfare programs or that are necessary for the implementation of such changes. Acting in accordance with § 4-5-108 , the department shall have authority to immediately implement any federal legislative changes by emergency rules; provided, that permanent rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) For purposes of this section, "welfare program" is defined as any federal or state means-tested program administered by the department of human services, or any child support enforcement program administered by the department of human services pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), the Carl D. Perkins Vocational and Applied Technology Act authorized by P.L. 101-392 [repealed], and the Adult Education Act, authorized by P.L. 100-297 [repealed], as amended by the National Literacy Act of 1991, P.L. 102-73 [repealed].
(d) (1) The commissioner of human services is authorized to seek and to implement waivers to carry out this part and chapter 5, part 12 of this title to the extent permitted by federal authorities. (2) (A) If waivers that are necessary to implement any or all of the provisions of this part, chapter 3, parts 9 and 10 and chapter 5, part 12 of this title cannot be obtained, or in those counties for which the continued operation of the existing welfare program may be required by the federal authorities for the evaluation of any waivers granted by the federal government, the department shall continue to administer, pursuant to the requirements of federal statutes and regulations, the federally funded programs of economic or welfare assistance to families and children under Titles IV-A and IV-D of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 651 et seq.), respectively, as they may continue to exist on or after September 1, 1996, until such time as such programs may be terminated or modified by the congress of the United States, the United States department of health and human services or its successor, or the general assembly. (B) (i) If at any time: (a) The congress of the United States terminates or modifies the Title IV-A block grant program for federally funded economic or welfare assistance to families and children to the states under the temporary assistance to needy families program (TANF) as provided in Public Law 104-193 (1996) ( 42 U.S.C. § 601 et seq.), as amended; (b) The congress of the United States, or the United States department of health and human services or its successor terminates, or modifies, Tennessee's Section 1115 waiver obtained pursuant to subdivision (d)(1) on July 26, 1996, that resulted in the creation of the families first program; or (c) In the future, action by congress, or by the United States department of health and human services or its successor, terminates or modifies any subsequent federally funded economic or welfare assistance program or any waiver that may be obtained for the operation of such a program for families and children, or a waiver that may be obtained for a welfare program demonstration project; (ii) Then, in that circumstance, the department shall continue to administer, pursuant to the requirements of federal statutes and regulations existing at that time or subsequently enacted, the programs of economic or welfare assistance to families and children under Titles IV-A and IV-D of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 651 et seq.), respectively, as they may continue to exist on or after the date of such termination or modification or until the granting of a new waiver, and this part, chapter 3, parts 9 and 10 and chapter 5, part 12 of this title shall be superseded to the extent: (a) Those provisions are inconsistent with any federal requirements for which no waiver exists; or (b) No further federal funding is available, unless the general assembly specifically authorizes and funds the continuation of such provisions that do not otherwise conflict with federal law, regulation or waiver requirements. (C) The termination or modification of any federally funded programs for the economic assistance to families and children shall not result in any entitlement to funding by the state of Tennessee for such programs pursuant to this part, chapter 3, parts, 9 and 10 and chapter 5, part 12 of this title, or otherwise, unless appropriations are made in the appropriations act specifically for such purpose. (D) Notwithstanding any law to the contrary, the department shall have authority to implement any rules, by emergency rule, that are necessary to: (i) Maintain compliance with such terminations or modifications; (ii) Maintain federal funding; (iii) Comply with any federal regulation that has not been waived; or (iv) Comply with any waiver requirements; provided, however, that the department shall promulgate permanent rules pursuant to a rulemaking hearing as required by the Uniform Administrative Procedures Act.
(1) The commissioner of human services is authorized to seek and to implement waivers to carry out this part and chapter 5, part 12 of this title to the extent permitted by federal authorities.
(2) (A) If waivers that are necessary to implement any or all of the provisions of this part, chapter 3, parts 9 and 10 and chapter 5, part 12 of this title cannot be obtained, or in those counties for which the continued operation of the existing welfare program may be required by the federal authorities for the evaluation of any waivers granted by the federal government, the department shall continue to administer, pursuant to the requirements of federal statutes and regulations, the federally funded programs of economic or welfare assistance to families and children under Titles IV-A and IV-D of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 651 et seq.), respectively, as they may continue to exist on or after September 1, 1996, until such time as such programs may be terminated or modified by the congress of the United States, the United States department of health and human services or its successor, or the general assembly. (B) (i) If at any time: (a) The congress of the United States terminates or modifies the Title IV-A block grant program for federally funded economic or welfare assistance to families and children to the states under the temporary assistance to needy families program (TANF) as provided in Public Law 104-193 (1996) ( 42 U.S.C. § 601 et seq.), as amended; (b) The congress of the United States, or the United States department of health and human services or its successor terminates, or modifies, Tennessee's Section 1115 waiver obtained pursuant to subdivision (d)(1) on July 26, 1996, that resulted in the creation of the families first program; or (c) In the future, action by congress, or by the United States department of health and human services or its successor, terminates or modifies any subsequent federally funded economic or welfare assistance program or any waiver that may be obtained for the operation of such a program for families and children, or a waiver that may be obtained for a welfare program demonstration project; (ii) Then, in that circumstance, the department shall continue to administer, pursuant to the requirements of federal statutes and regulations existing at that time or subsequently enacted, the programs of economic or welfare assistance to families and children under Titles IV-A and IV-D of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 651 et seq.), respectively, as they may continue to exist on or after the date of such termination or modification or until the granting of a new waiver, and this part, chapter 3, parts 9 and 10 and chapter 5, part 12 of this title shall be superseded to the extent: (a) Those provisions are inconsistent with any federal requirements for which no waiver exists; or (b) No further federal funding is available, unless the general assembly specifically authorizes and funds the continuation of such provisions that do not otherwise conflict with federal law, regulation or waiver requirements. (C) The termination or modification of any federally funded programs for the economic assistance to families and children shall not result in any entitlement to funding by the state of Tennessee for such programs pursuant to this part, chapter 3, parts, 9 and 10 and chapter 5, part 12 of this title, or otherwise, unless appropriations are made in the appropriations act specifically for such purpose. (D) Notwithstanding any law to the contrary, the department shall have authority to implement any rules, by emergency rule, that are necessary to: (i) Maintain compliance with such terminations or modifications; (ii) Maintain federal funding; (iii) Comply with any federal regulation that has not been waived; or (iv) Comply with any waiver requirements; provided, however, that the department shall promulgate permanent rules pursuant to a rulemaking hearing as required by the Uniform Administrative Procedures Act.
(A) If waivers that are necessary to implement any or all of the provisions of this part, chapter 3, parts 9 and 10 and chapter 5, part 12 of this title cannot be obtained, or in those counties for which the continued operation of the existing welfare program may be required by the federal authorities for the evaluation of any waivers granted by the federal government, the department shall continue to administer, pursuant to the requirements of federal statutes and regulations, the federally funded programs of economic or welfare assistance to families and children under Titles IV-A and IV-D of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 651 et seq.), respectively, as they may continue to exist on or after September 1, 1996, until such time as such programs may be terminated or modified by the congress of the United States, the United States department of health and human services or its successor, or the general assembly.
(B) (i) If at any time: (a) The congress of the United States terminates or modifies the Title IV-A block grant program for federally funded economic or welfare assistance to families and children to the states under the temporary assistance to needy families program (TANF) as provided in Public Law 104-193 (1996) ( 42 U.S.C. § 601 et seq.), as amended; (b) The congress of the United States, or the United States department of health and human services or its successor terminates, or modifies, Tennessee's Section 1115 waiver obtained pursuant to subdivision (d)(1) on July 26, 1996, that resulted in the creation of the families first program; or (c) In the future, action by congress, or by the United States department of health and human services or its successor, terminates or modifies any subsequent federally funded economic or welfare assistance program or any waiver that may be obtained for the operation of such a program for families and children, or a waiver that may be obtained for a welfare program demonstration project; (ii) Then, in that circumstance, the department shall continue to administer, pursuant to the requirements of federal statutes and regulations existing at that time or subsequently enacted, the programs of economic or welfare assistance to families and children under Titles IV-A and IV-D of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 651 et seq.), respectively, as they may continue to exist on or after the date of such termination or modification or until the granting of a new waiver, and this part, chapter 3, parts 9 and 10 and chapter 5, part 12 of this title shall be superseded to the extent: (a) Those provisions are inconsistent with any federal requirements for which no waiver exists; or (b) No further federal funding is available, unless the general assembly specifically authorizes and funds the continuation of such provisions that do not otherwise conflict with federal law, regulation or waiver requirements.
(i) If at any time: (a) The congress of the United States terminates or modifies the Title IV-A block grant program for federally funded economic or welfare assistance to families and children to the states under the temporary assistance to needy families program (TANF) as provided in Public Law 104-193 (1996) ( 42 U.S.C. § 601 et seq.), as amended; (b) The congress of the United States, or the United States department of health and human services or its successor terminates, or modifies, Tennessee's Section 1115 waiver obtained pursuant to subdivision (d)(1) on July 26, 1996, that resulted in the creation of the families first program; or (c) In the future, action by congress, or by the United States department of health and human services or its successor, terminates or modifies any subsequent federally funded economic or welfare assistance program or any waiver that may be obtained for the operation of such a program for families and children, or a waiver that may be obtained for a welfare program demonstration project;
(a) The congress of the United States terminates or modifies the Title IV-A block grant program for federally funded economic or welfare assistance to families and children to the states under the temporary assistance to needy families program (TANF) as provided in Public Law 104-193 (1996) ( 42 U.S.C. § 601 et seq.), as amended;
(b) The congress of the United States, or the United States department of health and human services or its successor terminates, or modifies, Tennessee's Section 1115 waiver obtained pursuant to subdivision (d)(1) on July 26, 1996, that resulted in the creation of the families first program; or
(c) In the future, action by congress, or by the United States department of health and human services or its successor, terminates or modifies any subsequent federally funded economic or welfare assistance program or any waiver that may be obtained for the operation of such a program for families and children, or a waiver that may be obtained for a welfare program demonstration project;
(ii) Then, in that circumstance, the department shall continue to administer, pursuant to the requirements of federal statutes and regulations existing at that time or subsequently enacted, the programs of economic or welfare assistance to families and children under Titles IV-A and IV-D of the Social Security Act ( 42 U.S.C. § 601 et seq. and 42 U.S.C. § 651 et seq.), respectively, as they may continue to exist on or after the date of such termination or modification or until the granting of a new waiver, and this part, chapter 3, parts 9 and 10 and chapter 5, part 12 of this title shall be superseded to the extent: (a) Those provisions are inconsistent with any federal requirements for which no waiver exists; or (b) No further federal funding is available, unless the general assembly specifically authorizes and funds the continuation of such provisions that do not otherwise conflict with federal law, regulation or waiver requirements.
(a) Those provisions are inconsistent with any federal requirements for which no waiver exists; or
(b) No further federal funding is available, unless the general assembly specifically authorizes and funds the continuation of such provisions that do not otherwise conflict with federal law, regulation or waiver requirements.
(C) The termination or modification of any federally funded programs for the economic assistance to families and children shall not result in any entitlement to funding by the state of Tennessee for such programs pursuant to this part, chapter 3, parts, 9 and 10 and chapter 5, part 12 of this title, or otherwise, unless appropriations are made in the appropriations act specifically for such purpose.
(D) Notwithstanding any law to the contrary, the department shall have authority to implement any rules, by emergency rule, that are necessary to: (i) Maintain compliance with such terminations or modifications; (ii) Maintain federal funding; (iii) Comply with any federal regulation that has not been waived; or (iv) Comply with any waiver requirements; provided, however, that the department shall promulgate permanent rules pursuant to a rulemaking hearing as required by the Uniform Administrative Procedures Act.
(i) Maintain compliance with such terminations or modifications;
(ii) Maintain federal funding;
(iii) Comply with any federal regulation that has not been waived; or
(iv) Comply with any waiver requirements; provided, however, that the department shall promulgate permanent rules pursuant to a rulemaking hearing as required by the Uniform Administrative Procedures Act.
provided, however, that the department shall promulgate permanent rules pursuant to a rulemaking hearing as required by the Uniform Administrative Procedures Act.
(e) Child support received by the department with respect to recipients of temporary assistance shall be passed on to the recipient in the same manner as was the practice of the department prior to July 1, 1996, with respect to recipients of aid to families with dependent children (AFDC). However, the department shall not be required to pass through any portion of child support that by federal law must be paid to the federal government. The department shall seek any available waiver from a requirement that any portion of child support must be paid to the federal government, and, if a waiver is granted, pass the support through to the recipient of temporary assistance as required in this subsection (e).
Acts 1996, ch. 950, § 9; 2003 , ch. 119, § 1; 2009 , ch. 566, § 12; T.C.A., § 71-3-158.
Tenn. Code Ann. § 71-3-1001 — TN Code / Title 71 / Chapter 3 / Section 71-3-1001
Purpose of part
Status: in_force

The purpose of this part is to create an opportunity for temporary assistance for needy families (TANF), or successor program, recipients to build assets as a transition to self-sufficiency, to encourage TANF program, or successor program, recipients to secure and maintain employment and to provide the support necessary for TANF program, or successor program, recipients to make the transition from welfare to work. Acts 1996, ch. 989, § 1.
The purpose of this part is to create an opportunity for temporary assistance for needy families (TANF), or successor program, recipients to build assets as a transition to self-sufficiency, to encourage TANF program, or successor program, recipients to secure and maintain employment and to provide the support necessary for TANF program, or successor program, recipients to make the transition from welfare to work.
Acts 1996, ch. 989, § 1.