Tenn. Code Ann. § 71-4-609 — TN Code / Title 71 / Chapter 4 / Section 71-4-609
Maintenance not transferable - Exempt from creditors
Status: in_force

The right of a blind individual to maintenance under this part shall not be transferable or assignable at law or in equity, and shall be exempt from the claims of creditors. Acts 1955, ch. 243, § 9; T.C.A., §§ 14-633, 14-14-409.
The right of a blind individual to maintenance under this part shall not be transferable or assignable at law or in equity, and shall be exempt from the claims of creditors.
Acts 1955, ch. 243, § 9; T.C.A., §§ 14-633, 14-14-409.
Tenn. Code Ann. § 71-5-311 — TN Code / Title 71 / Chapter 5 / Section 71-5-311
Election of county to participate
Status: in_force

(a) Any county may elect to participate in the food stamp program by the adoption of a resolution by the county legislative body of the county, requesting certification by the department to the United States department of agriculture, or a successor agency, as to the county's eligibility to so participate in the program. (b) Any county electing to participate in the program will be bound by all provisions of this part and the regulations issued pursuant to this part for so long as a food stamp program is in operation in the county. Acts 1971, ch. 136, § 11; 1973, ch. 303, § 29; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §§ 14-2211, 14-27-111.
(a) Any county may elect to participate in the food stamp program by the adoption of a resolution by the county legislative body of the county, requesting certification by the department to the United States department of agriculture, or a successor agency, as to the county's eligibility to so participate in the program.
(b) Any county electing to participate in the program will be bound by all provisions of this part and the regulations issued pursuant to this part for so long as a food stamp program is in operation in the county.
Acts 1971, ch. 136, § 11; 1973, ch. 303, § 29; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §§ 14-2211, 14-27-111.
Tenn. Code Ann. § 71-5-106 — TN Code / Title 71 / Chapter 5 / Section 71-5-106
Determination of eligibility for medical assistance
Status: in_force

(a) (1) The departments of health and human services, as may be designated by the governor, shall make the determination of eligibility under this part, subject to approval of the finance, ways and means and health and welfare committees of the senate and the finance, ways and means and health committees of the house of representatives. Such determination of eligibility may be accomplished through contractual agreement with agencies of the federal government. Eligibility for assistance shall be determined in a manner that will ensure that medical assistance is provided, within the limits of available resources subject to federal financial participation, to all persons who, although ineligible for supplementary security income (SSI), complied under Title XVI of the Social Security Act ( 42 U.S.C. § 1381 et seq.), or are medically needy. (2) (A) A notice that awards medicaid benefits shall include the following statement: "A person with both medicare and medicaid does not usually need other health insurance. Did you buy a medicare supplement policy after November 4, 1991? If so, you can have the insurance company put your policy and your payments on hold. The insurance company can do this for up to twenty-four (24) months while you are on medicaid. If you lose medicaid during the twenty-four-month period, you can get your policy back. "To put your policy on hold, contact your insurance company within ninety (90) days of when you get medicaid. To get your policy back, you must tell your insurance company within ninety (90) days after you lose medicaid." (B) A notice that terminates medicaid benefits shall include the following statement: "Did you have medicare supplement insurance that you put on hold while you had medicaid? You may be able to get your policy back if you have put it on hold less than two (2) years ago. Contact your insurance company within ninety (90) days after you lose medicaid. Tell the insurance company that you want your policy reinstated." (b) In determining the eligibility of an individual for benefits under this chapter, resources that have been previously owned and transferred by the individual, or such individual's spouse, shall be treated in a manner consistent with Title XIX of the Social Security Act. (c) Any transaction described in subsection (b) shall be presumed to have been for the purpose of establishing eligibility for benefits or assistance under this part, unless such individual or eligible spouse furnishes convincing evidence to establish that the transaction was exclusively for some other purpose. (d) For purposes of subsection (b), the value of such a resource or interest shall be the fair market value of such resource or interest at the time it was sold or given away, less the amount of compensation received for such resource or interest, if any. (e) In the event that any resource, or interest in any resource, is given away or sold for less than fair market value by a person holding a power of attorney by the owner of the resource or interest, such resource or interest shall not be counted as a resource to the owner of the property pursuant to subsections (b)-(d) under the following circumstances: (1) The power of attorney was not executed for the purpose of establishing or continuing medicaid eligibility; (2) The owner of the property has, at the time of the transfer, neither actual nor constructive knowledge of the transfer or is unable because of mental or physical incapacity to take reasonable and necessary steps to prevent such sale or transfer. (f) If any resource or interest in any resource is given away or sold for less than fair market value by a person holding a power of attorney by the owner of such resource, the sale or gift shall be set aside by a court of competent jurisdiction as being in defraud of the state upon motion of the state of Tennessee or of any party representing the owner of the resource, unless the person holding the power of attorney proves by a preponderance of the evidence that the sale or gift was exclusively for some other purpose than the establishment or continuance of medicaid eligibility. (g) In addition to the requirements of subsection (f), the person exercising the power of attorney and the person to whom the resource is given or sold for less than fair market value shall be jointly and severally liable to the state of Tennessee for any costs incurred by it in providing medicaid benefits to the owner of the resource, until such time as the conveyance is set aside, for any costs, including attorney fees, court costs, and any other related expenses, incurred by it in having the conveyance set aside, and for any losses incurred as a result of any damage, destruction, expenditure, waste, transfer of the resources or other act of the persons involved that diminishes the value of the resource. Such liability shall be limited to the actual value of the resource. (h) In the event that a person otherwise eligible for medicaid has filed an action in court to set aside a transfer for less than value because of fraud, duress, trick or otherwise, such person shall be or shall remain eligible, or both, and the state of Tennessee shall have recourse under subsections (f) and (g) to set aside the transfer and recover. (i) In addition to the other categories of eligibility under this section, there shall be a category of medical assistance eligibility for those children who: (1) (A) Were born after September 30, 1967; (B) Are eighteen (18) years of age or younger; and (C) Are in intact families that meet the TANF income and resource requirements; or (2) As provided in Title IV of the Social Security Act ( 42 U.S.C. § 601 et seq.), have been determined to be a child with special needs, for whom there is in effect an adoption assistance agreement between the department of children's services and an adoptive parent or parents, and who the department of children's services has determined cannot be placed with an adoptive parent or parents without medical assistance because such child has special needs for medical, mental health, or rehabilitative care. (j) Subsections (b)-(j) shall not limit the ability of the state to extend medical assistance to persons who are medically needy pursuant to any federal waiver received by the state that waives any or all of the provisions of Title XIX or pursuant to any other federal law as adopted by amendment to the required Title XIX state plan. (k) Effective January 1, 1998, if the actual enrollment of non-previously enrolled children under eighteen (18) years of age that began on April 1, 1997, has not reached seventy-five percent (75%) of anticipated enrollment level of fifty thousand (50,000) children, the commissioner of health shall offer enrollment in the Title XIX waiver program, TennCare, to children under eighteen (18) years of age whose family income is below two hundred percent (200%) of the federal poverty level schedule in effect for calculation of TennCare premiums. Such offer of enrollment in the TennCare program shall be made in accordance with TennCare promulgated rules and regulations. It is the legislative intent that this section be implemented only to the extent that it is determined to be consistent with the terms, conditions and eligibility criteria of the TennCare waiver as approved by the United States department of health and human services and that state and federal funding is available for such purpose. (l) Beginning January 1, 2003, the bureau of TennCare or its designee shall determine eligibility for TennCare on an annual basis as follows: (1) All non-medicaid eligible TennCare enrollees will have the responsibility to complete an eligibility process each year; in the absence of reapplication and completion of the process, coverage will expire; (2) Upon notification by the bureau of TennCare, the enrollee must submit application for continuation of eligibility within ninety (90) days; once an application has been timely submitted, the enrollee must provide all required documentation to verify continued eligibility in accordance with TennCare rules and regulations; (3) Notification to the enrollee is presumed when a notice is mailed to the last known address; (4) Lack of receipt of the notification does not excuse the responsibility of the enrollee to submit an application and provide documentation for continuation of eligibility as required by TennCare rules and regulations if the enrollee has changed addresses and failed to notify the bureau of TennCare or its designee; and (5) Failure of the enrollee to contact the bureau of TennCare or its designee concerning a change in address relieves the bureau of responsibility for contacting the enrollee. (m) To the extent permitted by federal law, the state may impose a reasonable fee for costs of eligibility determinations for applicants applying for medical assistance as part of the medically eligible expansion population under the TennCare waiver. (n) In the TennCare waiver expansion population, except for persons medically eligible as uninsurable persons, enrollment shall not be permitted for individuals from households with incomes of greater than two hundred fifty percent (250%) of federal poverty levels. (o) Except as may be required by federal law or the TennCare waiver, no person shall be eligible to receive TennCare benefits, except employee health insurance subsidy payments, as part of the TennCare waiver expansion population if such person is enrolled in a health insurance plan as such coverage is defined in TennCare rules and regulations, or if such person is eligible for participation in medicare or group health insurance offered through an employer or family member's employer, or COBRA coverage. (p) All determinations of eligibility for persons medically eligible as uninsurable in the TennCare waiver's expansion population shall be made on the basis of health conditions that prevent the person from obtaining health insurance. Such a determination will be based upon a review of medical records and information in accordance with TennCare rules and regulations. (q) To the extent permitted by the terms of relevant court orders and decrees, any applicable federal waiver under Title XIX of the federal Social Security Act or any other federal law, the bureau of TennCare may not remove persons from eligibility for or participation in medical assistance provided pursuant to this chapter for reasons relating to restricting eligibility or enrollment for fiscal or other reasons that are not required by federal law until the bureau has complied with both of the following: (1) The bureau has verified at the time of application the validity of the social security number of every person enrolled in the medical assistance program provided pursuant to this chapter with appropriate federal databases in order to determine whether persons who are not lawful residents of the United States are present in the program, or are otherwise fraudulent applicants; and (2) Removed from the program all such ineligible persons who are current recipients in the program but are not lawful residents of the United States, or are otherwise fraudulent applicants. (r) (1) An individual who is an inmate of a public institution shall have eligibility for medical assistance suspended but not terminated during periods of actual incarceration. (2) An individual who is an inmate of a public institution shall be eligible for temporary reinstatement of medical assistance for care received outside of a jail or correctional facility in a hospital or other health care facility for more than twenty-four (24) hours. (3) A public institution may make efforts to establish eligibility for or renew assistance for such individuals prior to their release from the public institution. Amended by 2021 Tenn. Acts, ch. 64, s 120, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 134, eff. 5/10/2019. Amended by 2014 Tenn. Acts, ch. 926,s 1, eff. 4/1/2015. Amended by 2013 Tenn. Acts, ch. 236, s 86, eff. 4/19/2013. Acts 1968, ch. 551, § 6; 1973, ch. 276, § 4; 1974, ch. 440, § 1; T.C.A., § 14-1906; Acts 1981, ch. 315, §§ 1-3; 1981, ch. 476, § 1; 1982, ch. 714, § 1; 1985, ch. 430, § 2; 1986, ch. 845, § 1; T.C.A., § 14-23-106; Acts 1987, ch. 332, § 1; 1989, ch. 143, § 1; 1991, ch. 406, § 1; 1992, ch. 799, § 1; 1993, ch. 358, §§ 5, 6; 1997 , ch. 495, § 1; 1998, ch. 1097, § 29; 2002, ch. 880, § 2; 2004, ch. 673, §§ 4 - 8; 2009 , ch. 429, § 1.
(a) (1) The departments of health and human services, as may be designated by the governor, shall make the determination of eligibility under this part, subject to approval of the finance, ways and means and health and welfare committees of the senate and the finance, ways and means and health committees of the house of representatives. Such determination of eligibility may be accomplished through contractual agreement with agencies of the federal government. Eligibility for assistance shall be determined in a manner that will ensure that medical assistance is provided, within the limits of available resources subject to federal financial participation, to all persons who, although ineligible for supplementary security income (SSI), complied under Title XVI of the Social Security Act ( 42 U.S.C. § 1381 et seq.), or are medically needy. (2) (A) A notice that awards medicaid benefits shall include the following statement: "A person with both medicare and medicaid does not usually need other health insurance. Did you buy a medicare supplement policy after November 4, 1991? If so, you can have the insurance company put your policy and your payments on hold. The insurance company can do this for up to twenty-four (24) months while you are on medicaid. If you lose medicaid during the twenty-four-month period, you can get your policy back. "To put your policy on hold, contact your insurance company within ninety (90) days of when you get medicaid. To get your policy back, you must tell your insurance company within ninety (90) days after you lose medicaid." (B) A notice that terminates medicaid benefits shall include the following statement: "Did you have medicare supplement insurance that you put on hold while you had medicaid? You may be able to get your policy back if you have put it on hold less than two (2) years ago. Contact your insurance company within ninety (90) days after you lose medicaid. Tell the insurance company that you want your policy reinstated."
(1) The departments of health and human services, as may be designated by the governor, shall make the determination of eligibility under this part, subject to approval of the finance, ways and means and health and welfare committees of the senate and the finance, ways and means and health committees of the house of representatives. Such determination of eligibility may be accomplished through contractual agreement with agencies of the federal government. Eligibility for assistance shall be determined in a manner that will ensure that medical assistance is provided, within the limits of available resources subject to federal financial participation, to all persons who, although ineligible for supplementary security income (SSI), complied under Title XVI of the Social Security Act ( 42 U.S.C. § 1381 et seq.), or are medically needy.
(2) (A) A notice that awards medicaid benefits shall include the following statement: "A person with both medicare and medicaid does not usually need other health insurance. Did you buy a medicare supplement policy after November 4, 1991? If so, you can have the insurance company put your policy and your payments on hold. The insurance company can do this for up to twenty-four (24) months while you are on medicaid. If you lose medicaid during the twenty-four-month period, you can get your policy back. "To put your policy on hold, contact your insurance company within ninety (90) days of when you get medicaid. To get your policy back, you must tell your insurance company within ninety (90) days after you lose medicaid." (B) A notice that terminates medicaid benefits shall include the following statement: "Did you have medicare supplement insurance that you put on hold while you had medicaid? You may be able to get your policy back if you have put it on hold less than two (2) years ago. Contact your insurance company within ninety (90) days after you lose medicaid. Tell the insurance company that you want your policy reinstated."
(A) A notice that awards medicaid benefits shall include the following statement: "A person with both medicare and medicaid does not usually need other health insurance. Did you buy a medicare supplement policy after November 4, 1991? If so, you can have the insurance company put your policy and your payments on hold. The insurance company can do this for up to twenty-four (24) months while you are on medicaid. If you lose medicaid during the twenty-four-month period, you can get your policy back. "To put your policy on hold, contact your insurance company within ninety (90) days of when you get medicaid. To get your policy back, you must tell your insurance company within ninety (90) days after you lose medicaid."
"A person with both medicare and medicaid does not usually need other health insurance. Did you buy a medicare supplement policy after November 4, 1991? If so, you can have the insurance company put your policy and your payments on hold. The insurance company can do this for up to twenty-four (24) months while you are on medicaid. If you lose medicaid during the twenty-four-month period, you can get your policy back.
"To put your policy on hold, contact your insurance company within ninety (90) days of when you get medicaid. To get your policy back, you must tell your insurance company within ninety (90) days after you lose medicaid."
(B) A notice that terminates medicaid benefits shall include the following statement: "Did you have medicare supplement insurance that you put on hold while you had medicaid? You may be able to get your policy back if you have put it on hold less than two (2) years ago. Contact your insurance company within ninety (90) days after you lose medicaid. Tell the insurance company that you want your policy reinstated."
"Did you have medicare supplement insurance that you put on hold while you had medicaid? You may be able to get your policy back if you have put it on hold less than two (2) years ago. Contact your insurance company within ninety (90) days after you lose medicaid. Tell the insurance company that you want your policy reinstated."
(b) In determining the eligibility of an individual for benefits under this chapter, resources that have been previously owned and transferred by the individual, or such individual's spouse, shall be treated in a manner consistent with Title XIX of the Social Security Act.
(c) Any transaction described in subsection (b) shall be presumed to have been for the purpose of establishing eligibility for benefits or assistance under this part, unless such individual or eligible spouse furnishes convincing evidence to establish that the transaction was exclusively for some other purpose.
(d) For purposes of subsection (b), the value of such a resource or interest shall be the fair market value of such resource or interest at the time it was sold or given away, less the amount of compensation received for such resource or interest, if any.
(e) In the event that any resource, or interest in any resource, is given away or sold for less than fair market value by a person holding a power of attorney by the owner of the resource or interest, such resource or interest shall not be counted as a resource to the owner of the property pursuant to subsections (b)-(d) under the following circumstances: (1) The power of attorney was not executed for the purpose of establishing or continuing medicaid eligibility; (2) The owner of the property has, at the time of the transfer, neither actual nor constructive knowledge of the transfer or is unable because of mental or physical incapacity to take reasonable and necessary steps to prevent such sale or transfer.
(1) The power of attorney was not executed for the purpose of establishing or continuing medicaid eligibility;
(2) The owner of the property has, at the time of the transfer, neither actual nor constructive knowledge of the transfer or is unable because of mental or physical incapacity to take reasonable and necessary steps to prevent such sale or transfer.
(f) If any resource or interest in any resource is given away or sold for less than fair market value by a person holding a power of attorney by the owner of such resource, the sale or gift shall be set aside by a court of competent jurisdiction as being in defraud of the state upon motion of the state of Tennessee or of any party representing the owner of the resource, unless the person holding the power of attorney proves by a preponderance of the evidence that the sale or gift was exclusively for some other purpose than the establishment or continuance of medicaid eligibility.
(g) In addition to the requirements of subsection (f), the person exercising the power of attorney and the person to whom the resource is given or sold for less than fair market value shall be jointly and severally liable to the state of Tennessee for any costs incurred by it in providing medicaid benefits to the owner of the resource, until such time as the conveyance is set aside, for any costs, including attorney fees, court costs, and any other related expenses, incurred by it in having the conveyance set aside, and for any losses incurred as a result of any damage, destruction, expenditure, waste, transfer of the resources or other act of the persons involved that diminishes the value of the resource. Such liability shall be limited to the actual value of the resource.
(h) In the event that a person otherwise eligible for medicaid has filed an action in court to set aside a transfer for less than value because of fraud, duress, trick or otherwise, such person shall be or shall remain eligible, or both, and the state of Tennessee shall have recourse under subsections (f) and (g) to set aside the transfer and recover.
(i) In addition to the other categories of eligibility under this section, there shall be a category of medical assistance eligibility for those children who: (1) (A) Were born after September 30, 1967; (B) Are eighteen (18) years of age or younger; and (C) Are in intact families that meet the TANF income and resource requirements; or (2) As provided in Title IV of the Social Security Act ( 42 U.S.C. § 601 et seq.), have been determined to be a child with special needs, for whom there is in effect an adoption assistance agreement between the department of children's services and an adoptive parent or parents, and who the department of children's services has determined cannot be placed with an adoptive parent or parents without medical assistance because such child has special needs for medical, mental health, or rehabilitative care.
(1) (A) Were born after September 30, 1967; (B) Are eighteen (18) years of age or younger; and (C) Are in intact families that meet the TANF income and resource requirements; or
(A) Were born after September 30, 1967;
(B) Are eighteen (18) years of age or younger; and
(C) Are in intact families that meet the TANF income and resource requirements; or
(2) As provided in Title IV of the Social Security Act ( 42 U.S.C. § 601 et seq.), have been determined to be a child with special needs, for whom there is in effect an adoption assistance agreement between the department of children's services and an adoptive parent or parents, and who the department of children's services has determined cannot be placed with an adoptive parent or parents without medical assistance because such child has special needs for medical, mental health, or rehabilitative care.
(j) Subsections (b)-(j) shall not limit the ability of the state to extend medical assistance to persons who are medically needy pursuant to any federal waiver received by the state that waives any or all of the provisions of Title XIX or pursuant to any other federal law as adopted by amendment to the required Title XIX state plan.
(k) Effective January 1, 1998, if the actual enrollment of non-previously enrolled children under eighteen (18) years of age that began on April 1, 1997, has not reached seventy-five percent (75%) of anticipated enrollment level of fifty thousand (50,000) children, the commissioner of health shall offer enrollment in the Title XIX waiver program, TennCare, to children under eighteen (18) years of age whose family income is below two hundred percent (200%) of the federal poverty level schedule in effect for calculation of TennCare premiums. Such offer of enrollment in the TennCare program shall be made in accordance with TennCare promulgated rules and regulations. It is the legislative intent that this section be implemented only to the extent that it is determined to be consistent with the terms, conditions and eligibility criteria of the TennCare waiver as approved by the United States department of health and human services and that state and federal funding is available for such purpose.
(l) Beginning January 1, 2003, the bureau of TennCare or its designee shall determine eligibility for TennCare on an annual basis as follows: (1) All non-medicaid eligible TennCare enrollees will have the responsibility to complete an eligibility process each year; in the absence of reapplication and completion of the process, coverage will expire; (2) Upon notification by the bureau of TennCare, the enrollee must submit application for continuation of eligibility within ninety (90) days; once an application has been timely submitted, the enrollee must provide all required documentation to verify continued eligibility in accordance with TennCare rules and regulations; (3) Notification to the enrollee is presumed when a notice is mailed to the last known address; (4) Lack of receipt of the notification does not excuse the responsibility of the enrollee to submit an application and provide documentation for continuation of eligibility as required by TennCare rules and regulations if the enrollee has changed addresses and failed to notify the bureau of TennCare or its designee; and (5) Failure of the enrollee to contact the bureau of TennCare or its designee concerning a change in address relieves the bureau of responsibility for contacting the enrollee.
(1) All non-medicaid eligible TennCare enrollees will have the responsibility to complete an eligibility process each year; in the absence of reapplication and completion of the process, coverage will expire;
(2) Upon notification by the bureau of TennCare, the enrollee must submit application for continuation of eligibility within ninety (90) days; once an application has been timely submitted, the enrollee must provide all required documentation to verify continued eligibility in accordance with TennCare rules and regulations;
(3) Notification to the enrollee is presumed when a notice is mailed to the last known address;
(4) Lack of receipt of the notification does not excuse the responsibility of the enrollee to submit an application and provide documentation for continuation of eligibility as required by TennCare rules and regulations if the enrollee has changed addresses and failed to notify the bureau of TennCare or its designee; and
(5) Failure of the enrollee to contact the bureau of TennCare or its designee concerning a change in address relieves the bureau of responsibility for contacting the enrollee.
(m) To the extent permitted by federal law, the state may impose a reasonable fee for costs of eligibility determinations for applicants applying for medical assistance as part of the medically eligible expansion population under the TennCare waiver.
(n) In the TennCare waiver expansion population, except for persons medically eligible as uninsurable persons, enrollment shall not be permitted for individuals from households with incomes of greater than two hundred fifty percent (250%) of federal poverty levels.
(o) Except as may be required by federal law or the TennCare waiver, no person shall be eligible to receive TennCare benefits, except employee health insurance subsidy payments, as part of the TennCare waiver expansion population if such person is enrolled in a health insurance plan as such coverage is defined in TennCare rules and regulations, or if such person is eligible for participation in medicare or group health insurance offered through an employer or family member's employer, or COBRA coverage.
(p) All determinations of eligibility for persons medically eligible as uninsurable in the TennCare waiver's expansion population shall be made on the basis of health conditions that prevent the person from obtaining health insurance. Such a determination will be based upon a review of medical records and information in accordance with TennCare rules and regulations.
(q) To the extent permitted by the terms of relevant court orders and decrees, any applicable federal waiver under Title XIX of the federal Social Security Act or any other federal law, the bureau of TennCare may not remove persons from eligibility for or participation in medical assistance provided pursuant to this chapter for reasons relating to restricting eligibility or enrollment for fiscal or other reasons that are not required by federal law until the bureau has complied with both of the following: (1) The bureau has verified at the time of application the validity of the social security number of every person enrolled in the medical assistance program provided pursuant to this chapter with appropriate federal databases in order to determine whether persons who are not lawful residents of the United States are present in the program, or are otherwise fraudulent applicants; and (2) Removed from the program all such ineligible persons who are current recipients in the program but are not lawful residents of the United States, or are otherwise fraudulent applicants.
(1) The bureau has verified at the time of application the validity of the social security number of every person enrolled in the medical assistance program provided pursuant to this chapter with appropriate federal databases in order to determine whether persons who are not lawful residents of the United States are present in the program, or are otherwise fraudulent applicants; and
(2) Removed from the program all such ineligible persons who are current recipients in the program but are not lawful residents of the United States, or are otherwise fraudulent applicants.
(r) (1) An individual who is an inmate of a public institution shall have eligibility for medical assistance suspended but not terminated during periods of actual incarceration. (2) An individual who is an inmate of a public institution shall be eligible for temporary reinstatement of medical assistance for care received outside of a jail or correctional facility in a hospital or other health care facility for more than twenty-four (24) hours. (3) A public institution may make efforts to establish eligibility for or renew assistance for such individuals prior to their release from the public institution.
(1) An individual who is an inmate of a public institution shall have eligibility for medical assistance suspended but not terminated during periods of actual incarceration.
(2) An individual who is an inmate of a public institution shall be eligible for temporary reinstatement of medical assistance for care received outside of a jail or correctional facility in a hospital or other health care facility for more than twenty-four (24) hours.
(3) A public institution may make efforts to establish eligibility for or renew assistance for such individuals prior to their release from the public institution.
Amended by 2021 Tenn. Acts, ch. 64, s 120, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 134, eff. 5/10/2019.
Amended by 2014 Tenn. Acts, ch. 926,s 1, eff. 4/1/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 86, eff. 4/19/2013.
Acts 1968, ch. 551, § 6; 1973, ch. 276, § 4; 1974, ch. 440, § 1; T.C.A., § 14-1906; Acts 1981, ch. 315, §§ 1-3; 1981, ch. 476, § 1; 1982, ch. 714, § 1; 1985, ch. 430, § 2; 1986, ch. 845, § 1; T.C.A., § 14-23-106; Acts 1987, ch. 332, § 1; 1989, ch. 143, § 1; 1991, ch. 406, § 1; 1992, ch. 799, § 1; 1993, ch. 358, §§ 5, 6; 1997 , ch. 495, § 1; 1998, ch. 1097, § 29; 2002, ch. 880, § 2; 2004, ch. 673, §§ 4 - 8; 2009 , ch. 429, § 1.
Tenn. Code Ann. § 71-5-303 — TN Code / Title 71 / Chapter 5 / Section 71-5-303
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "Applicant" means any person who has applied for benefits under this part; (2) "Area manager" means the director or manager of the county or area office of the department of human services; (3) "Assistance" or "food assistance" means food stamp coupons, free food stamps or food purchase assistance that is issued or transferred by means of food coupons, food stamps, electronic benefits transfer processes or other means as determined by the department to an eligible household or low-income family pursuant to this part; (4) "Commissioner" means the commissioner of human services; (5) "County office" means the county office of the department of human services in the county where the applicant or recipient resides and in which county a food stamp program is currently in operation; (6) "Department" means the department of human services; (7) "Food coupons" or "food stamps" means obligations of the United States government issued or transferred by means of food coupons or food stamps to enable the purchase of food for the eligible household; (8) (A) "Food stamp program or programs" includes the program that enables persons determined eligible for the provision of assistance by the governments of the United States or the state of Tennessee pursuant to this part, to purchase foodstuffs and includes food coupons, food stamps, electronic benefits transfer processes or other means as may be approved for this purpose by the department; (B) The commissioner of human services shall have authority to establish a system for distribution of any benefits provided by this part by means of an electronic benefits transfer system or by such other means as the commissioner shall determine is appropriate; (9) "Recipient" means any person who has been determined to be eligible to receive benefits under this part and who has received such benefits; and (10) "Resident," for the purpose of this part, means any individual who is living within a county in this state in which a food stamp program is in operation, with the intent that such individual's permanent home be within the county, and not temporarily. The department shall adopt rules and regulations under which it shall make this determination; provided, that temporary absences from the state or county shall not cause a person to lose residential status. Acts 1971, ch. 136, § 3; 1973, ch. 337, § 5; impl. am. Acts 1975, ch. 219, §§ 1 (a, b), 2 (a, b); T.C.A., §§ 14-2203; 14-27-103; Acts 1996, ch. 950, §§ 12, 14.
As used in this part, unless the context requires otherwise:
(1) "Applicant" means any person who has applied for benefits under this part;
(2) "Area manager" means the director or manager of the county or area office of the department of human services;
(3) "Assistance" or "food assistance" means food stamp coupons, free food stamps or food purchase assistance that is issued or transferred by means of food coupons, food stamps, electronic benefits transfer processes or other means as determined by the department to an eligible household or low-income family pursuant to this part;
(4) "Commissioner" means the commissioner of human services;
(5) "County office" means the county office of the department of human services in the county where the applicant or recipient resides and in which county a food stamp program is currently in operation;
(6) "Department" means the department of human services;
(7) "Food coupons" or "food stamps" means obligations of the United States government issued or transferred by means of food coupons or food stamps to enable the purchase of food for the eligible household;
(8) (A) "Food stamp program or programs" includes the program that enables persons determined eligible for the provision of assistance by the governments of the United States or the state of Tennessee pursuant to this part, to purchase foodstuffs and includes food coupons, food stamps, electronic benefits transfer processes or other means as may be approved for this purpose by the department; (B) The commissioner of human services shall have authority to establish a system for distribution of any benefits provided by this part by means of an electronic benefits transfer system or by such other means as the commissioner shall determine is appropriate;
(A) "Food stamp program or programs" includes the program that enables persons determined eligible for the provision of assistance by the governments of the United States or the state of Tennessee pursuant to this part, to purchase foodstuffs and includes food coupons, food stamps, electronic benefits transfer processes or other means as may be approved for this purpose by the department;
(B) The commissioner of human services shall have authority to establish a system for distribution of any benefits provided by this part by means of an electronic benefits transfer system or by such other means as the commissioner shall determine is appropriate;
(9) "Recipient" means any person who has been determined to be eligible to receive benefits under this part and who has received such benefits; and
(10) "Resident," for the purpose of this part, means any individual who is living within a county in this state in which a food stamp program is in operation, with the intent that such individual's permanent home be within the county, and not temporarily. The department shall adopt rules and regulations under which it shall make this determination; provided, that temporary absences from the state or county shall not cause a person to lose residential status.
Acts 1971, ch. 136, § 3; 1973, ch. 337, § 5; impl. am. Acts 1975, ch. 219, §§ 1 (a, b), 2 (a, b); T.C.A., §§ 14-2203; 14-27-103; Acts 1996, ch. 950, §§ 12, 14.
Tenn. Code Ann. § 71-5-116 — TN Code / Title 71 / Chapter 5 / Section 71-5-116
Lien on real estate - Claim against estate - Restrictions
Status: in_force

(a) No applicant shall be required to execute an agreement for a lien on real property occupied as the applicant's residence on account of medical assistance paid or to be paid on the applicant's behalf pursuant to this part. (b) No lien may be imposed against the real property of any recipient prior to the individual's death, on account of medical assistance paid or to be paid on the recipient's behalf pursuant to this part, except pursuant to a court judgment for recovery of benefits incorrectly paid on behalf of the recipient. (c) (1) There shall be no adjustment or recovery of any payment for medical assistance correctly paid on behalf of any recipient pursuant to this part from the recipient's estate, except in the case of a recipient who was fifty-five (55) years of age or older at the time the recipient received medical assistance or services pursuant to this part. In that case, adjustment or recovery from the recipient's estate may be pursued only after the death of the individual's surviving spouse, if any, and only at a time when the individual has no surviving child who is under eighteen (18) years of age or no surviving child, as defined in § 1614 of the Social Security Act, who is blind or permanently and totally disabled, or a child who became blind or permanently and totally disabled after reaching majority, if the TennCare bureau and the personal representative agree, or, in the event of a disagreement, the court, after de novo review, finds that repayment would constitute an undue hardship to the blind or disabled child. (2) Before any probate estate may be closed pursuant to title 30, with respect to a decedent who, at the time of death, was enrolled in the TennCare program, the personal representative of the estate shall file with the clerk of the court exercising probate jurisdiction a release from the bureau of TennCare evidencing either: (A) Payment of all medical assistance benefits, premiums, or other costs due from the estate under law; (B) Waiver of the bureau's claims; or (C) A statement from the bureau that no amount is due. (d) (1) To facilitate and enhance compliance with subsection (c), the following notices shall be provided: (A) Within thirty (30) days of receipt of notice of a person's death, the department of health shall notify the bureau of TennCare, in a format to be specified by the bureau, of the death of any individual fifty-five (55) years of age or older. Each notification shall include the decedent's name, date of birth and social security number; (B) Within sixty (60) days of the date of issuance of either letters of administration or letters testamentary, the personal representatives of decedents shall provide notice of the death of any individual fifty-five (55) years of age or older to the bureau of TennCare, in a format to be specified by the bureau, shall state whether the decedent was a TennCare recipient and shall request a release from the bureau of TennCare pursuant to subdivision (c)(2), and an affidavit confirming notice shall be filed pursuant to § 30-2-301(b)(3) ; (C) Personal representatives of decedents shall provide notice to the court concerning whether or not the decedent was a TennCare recipient pursuant to § 30-1-117 ; and (D) Personal representatives of decedents shall provide the notice to creditors specified in § 30-2-306 to the bureau of TennCare, if the decedent was a TennCare recipient. If a notice to creditors is provided to the bureau, the bureau shall file a claim for recovery in accordance with the requirements of title 30, chapter 2, part 3. (2) It is the legislative intent of subdivision (d)(1) that, after the date of death, the bureau of TennCare strive vigorously to recoup any TennCare funds expended for a decedent during the decedent's lifetime. (e) The bureau of TennCare shall publish a form of notice to be used pursuant to subdivisions (d)(1)(A) and (B), with instructions for use of the form written in plain language. The form and instructions shall be available at the office of any clerk of court exercising probate jurisdiction, as well as available on the bureau's website. Notice shall be provided via certified mail or in any other manner designated by the bureau. (f) Recoveries pursuant to this section shall be prorated among the federal government, the state, and the county involved, if any, in proportion to the amounts that each contributed to the assistance and services. Acts 1968, ch. 551, § 16; impl. am. Acts 1971, ch. 162, § 3; T.C.A., §§ 14-1916, 14-23-116; Acts 1994, ch. 682, § 1; 2002, ch. 880, § 9; 2006, ch. 639, § 3.
(a) No applicant shall be required to execute an agreement for a lien on real property occupied as the applicant's residence on account of medical assistance paid or to be paid on the applicant's behalf pursuant to this part.
(b) No lien may be imposed against the real property of any recipient prior to the individual's death, on account of medical assistance paid or to be paid on the recipient's behalf pursuant to this part, except pursuant to a court judgment for recovery of benefits incorrectly paid on behalf of the recipient.
(c) (1) There shall be no adjustment or recovery of any payment for medical assistance correctly paid on behalf of any recipient pursuant to this part from the recipient's estate, except in the case of a recipient who was fifty-five (55) years of age or older at the time the recipient received medical assistance or services pursuant to this part. In that case, adjustment or recovery from the recipient's estate may be pursued only after the death of the individual's surviving spouse, if any, and only at a time when the individual has no surviving child who is under eighteen (18) years of age or no surviving child, as defined in § 1614 of the Social Security Act, who is blind or permanently and totally disabled, or a child who became blind or permanently and totally disabled after reaching majority, if the TennCare bureau and the personal representative agree, or, in the event of a disagreement, the court, after de novo review, finds that repayment would constitute an undue hardship to the blind or disabled child. (2) Before any probate estate may be closed pursuant to title 30, with respect to a decedent who, at the time of death, was enrolled in the TennCare program, the personal representative of the estate shall file with the clerk of the court exercising probate jurisdiction a release from the bureau of TennCare evidencing either: (A) Payment of all medical assistance benefits, premiums, or other costs due from the estate under law; (B) Waiver of the bureau's claims; or (C) A statement from the bureau that no amount is due.
(1) There shall be no adjustment or recovery of any payment for medical assistance correctly paid on behalf of any recipient pursuant to this part from the recipient's estate, except in the case of a recipient who was fifty-five (55) years of age or older at the time the recipient received medical assistance or services pursuant to this part. In that case, adjustment or recovery from the recipient's estate may be pursued only after the death of the individual's surviving spouse, if any, and only at a time when the individual has no surviving child who is under eighteen (18) years of age or no surviving child, as defined in § 1614 of the Social Security Act, who is blind or permanently and totally disabled, or a child who became blind or permanently and totally disabled after reaching majority, if the TennCare bureau and the personal representative agree, or, in the event of a disagreement, the court, after de novo review, finds that repayment would constitute an undue hardship to the blind or disabled child.
(2) Before any probate estate may be closed pursuant to title 30, with respect to a decedent who, at the time of death, was enrolled in the TennCare program, the personal representative of the estate shall file with the clerk of the court exercising probate jurisdiction a release from the bureau of TennCare evidencing either: (A) Payment of all medical assistance benefits, premiums, or other costs due from the estate under law; (B) Waiver of the bureau's claims; or (C) A statement from the bureau that no amount is due.
(A) Payment of all medical assistance benefits, premiums, or other costs due from the estate under law;
(B) Waiver of the bureau's claims; or
(C) A statement from the bureau that no amount is due.
(d) (1) To facilitate and enhance compliance with subsection (c), the following notices shall be provided: (A) Within thirty (30) days of receipt of notice of a person's death, the department of health shall notify the bureau of TennCare, in a format to be specified by the bureau, of the death of any individual fifty-five (55) years of age or older. Each notification shall include the decedent's name, date of birth and social security number; (B) Within sixty (60) days of the date of issuance of either letters of administration or letters testamentary, the personal representatives of decedents shall provide notice of the death of any individual fifty-five (55) years of age or older to the bureau of TennCare, in a format to be specified by the bureau, shall state whether the decedent was a TennCare recipient and shall request a release from the bureau of TennCare pursuant to subdivision (c)(2), and an affidavit confirming notice shall be filed pursuant to § 30-2-301(b)(3) ; (C) Personal representatives of decedents shall provide notice to the court concerning whether or not the decedent was a TennCare recipient pursuant to § 30-1-117 ; and (D) Personal representatives of decedents shall provide the notice to creditors specified in § 30-2-306 to the bureau of TennCare, if the decedent was a TennCare recipient. If a notice to creditors is provided to the bureau, the bureau shall file a claim for recovery in accordance with the requirements of title 30, chapter 2, part 3. (2) It is the legislative intent of subdivision (d)(1) that, after the date of death, the bureau of TennCare strive vigorously to recoup any TennCare funds expended for a decedent during the decedent's lifetime.
(1) To facilitate and enhance compliance with subsection (c), the following notices shall be provided: (A) Within thirty (30) days of receipt of notice of a person's death, the department of health shall notify the bureau of TennCare, in a format to be specified by the bureau, of the death of any individual fifty-five (55) years of age or older. Each notification shall include the decedent's name, date of birth and social security number; (B) Within sixty (60) days of the date of issuance of either letters of administration or letters testamentary, the personal representatives of decedents shall provide notice of the death of any individual fifty-five (55) years of age or older to the bureau of TennCare, in a format to be specified by the bureau, shall state whether the decedent was a TennCare recipient and shall request a release from the bureau of TennCare pursuant to subdivision (c)(2), and an affidavit confirming notice shall be filed pursuant to § 30-2-301(b)(3) ; (C) Personal representatives of decedents shall provide notice to the court concerning whether or not the decedent was a TennCare recipient pursuant to § 30-1-117 ; and (D) Personal representatives of decedents shall provide the notice to creditors specified in § 30-2-306 to the bureau of TennCare, if the decedent was a TennCare recipient. If a notice to creditors is provided to the bureau, the bureau shall file a claim for recovery in accordance with the requirements of title 30, chapter 2, part 3.
(A) Within thirty (30) days of receipt of notice of a person's death, the department of health shall notify the bureau of TennCare, in a format to be specified by the bureau, of the death of any individual fifty-five (55) years of age or older. Each notification shall include the decedent's name, date of birth and social security number;
(B) Within sixty (60) days of the date of issuance of either letters of administration or letters testamentary, the personal representatives of decedents shall provide notice of the death of any individual fifty-five (55) years of age or older to the bureau of TennCare, in a format to be specified by the bureau, shall state whether the decedent was a TennCare recipient and shall request a release from the bureau of TennCare pursuant to subdivision (c)(2), and an affidavit confirming notice shall be filed pursuant to § 30-2-301(b)(3) ;
(C) Personal representatives of decedents shall provide notice to the court concerning whether or not the decedent was a TennCare recipient pursuant to § 30-1-117 ; and
(D) Personal representatives of decedents shall provide the notice to creditors specified in § 30-2-306 to the bureau of TennCare, if the decedent was a TennCare recipient. If a notice to creditors is provided to the bureau, the bureau shall file a claim for recovery in accordance with the requirements of title 30, chapter 2, part 3.
(2) It is the legislative intent of subdivision (d)(1) that, after the date of death, the bureau of TennCare strive vigorously to recoup any TennCare funds expended for a decedent during the decedent's lifetime.
(e) The bureau of TennCare shall publish a form of notice to be used pursuant to subdivisions (d)(1)(A) and (B), with instructions for use of the form written in plain language. The form and instructions shall be available at the office of any clerk of court exercising probate jurisdiction, as well as available on the bureau's website. Notice shall be provided via certified mail or in any other manner designated by the bureau.
(f) Recoveries pursuant to this section shall be prorated among the federal government, the state, and the county involved, if any, in proportion to the amounts that each contributed to the assistance and services.
Acts 1968, ch. 551, § 16; impl. am. Acts 1971, ch. 162, § 3; T.C.A., §§ 14-1916, 14-23-116; Acts 1994, ch. 682, § 1; 2002, ch. 880, § 9; 2006, ch. 639, § 3.
Tenn. Code Ann. § 71-5-317 — TN Code / Title 71 / Chapter 5 / Section 71-5-317
Report - Limitations on exemptions from work requirements applicable to able-bodied adults without dependents
Status: in_force

(a) (1) The department shall submit a report to the general assembly no later than October 31, 2022, and annually thereafter, to include the following: (A) Information from the preceding federal fiscal year related to all instances in which the department sought, applied for, accepted, or renewed a waiver of or exemption to work requirements under the supplemental nutrition assistance program (SNAP) during that federal fiscal year, including details about why the waiver or exemption was sought, applied for, accepted, or renewed, the duration of the waiver or exemption, and the location where the waiver or exemption was applicable; and (B) Information from the preceding federal fiscal year related to the number of recipients receiving SNAP benefits in this state, the amount of benefits received, the number of recipients subject to the work requirements of SNAP, and the number of recipients participating in the SNAP employment and training program. (2) The report may be submitted electronically. (b) The department shall not provide an exemption under 7 U.S.C. § 2015(o)(6)(E) from the work requirements applicable to able-bodied adults without dependents (ABAWDs) if the individual: (1) Refuses, at the time of application and every twelve (12) months thereafter, to register for employment in a manner prescribed by the United States department of agriculture; (2) Refuses, without good cause, to participate in an employment and training program to the extent required by the department; (3) Refuses, without good cause, to provide the department with sufficient information to allow the department to determine the employment status or the job availability of the individual; or (4) Voluntarily and without good cause quits a job or reduces work effort and, after the reduction, the individual is working less than thirty (30) hours per week. Added by 2022 Tenn. Acts, ch. 972, s 1, eff. 5/3/2022.
(a) (1) The department shall submit a report to the general assembly no later than October 31, 2022, and annually thereafter, to include the following: (A) Information from the preceding federal fiscal year related to all instances in which the department sought, applied for, accepted, or renewed a waiver of or exemption to work requirements under the supplemental nutrition assistance program (SNAP) during that federal fiscal year, including details about why the waiver or exemption was sought, applied for, accepted, or renewed, the duration of the waiver or exemption, and the location where the waiver or exemption was applicable; and (B) Information from the preceding federal fiscal year related to the number of recipients receiving SNAP benefits in this state, the amount of benefits received, the number of recipients subject to the work requirements of SNAP, and the number of recipients participating in the SNAP employment and training program. (2) The report may be submitted electronically.
(1) The department shall submit a report to the general assembly no later than October 31, 2022, and annually thereafter, to include the following: (A) Information from the preceding federal fiscal year related to all instances in which the department sought, applied for, accepted, or renewed a waiver of or exemption to work requirements under the supplemental nutrition assistance program (SNAP) during that federal fiscal year, including details about why the waiver or exemption was sought, applied for, accepted, or renewed, the duration of the waiver or exemption, and the location where the waiver or exemption was applicable; and (B) Information from the preceding federal fiscal year related to the number of recipients receiving SNAP benefits in this state, the amount of benefits received, the number of recipients subject to the work requirements of SNAP, and the number of recipients participating in the SNAP employment and training program.
(A) Information from the preceding federal fiscal year related to all instances in which the department sought, applied for, accepted, or renewed a waiver of or exemption to work requirements under the supplemental nutrition assistance program (SNAP) during that federal fiscal year, including details about why the waiver or exemption was sought, applied for, accepted, or renewed, the duration of the waiver or exemption, and the location where the waiver or exemption was applicable; and
(B) Information from the preceding federal fiscal year related to the number of recipients receiving SNAP benefits in this state, the amount of benefits received, the number of recipients subject to the work requirements of SNAP, and the number of recipients participating in the SNAP employment and training program.
(2) The report may be submitted electronically.
(b) The department shall not provide an exemption under 7 U.S.C. § 2015(o)(6)(E) from the work requirements applicable to able-bodied adults without dependents (ABAWDs) if the individual: (1) Refuses, at the time of application and every twelve (12) months thereafter, to register for employment in a manner prescribed by the United States department of agriculture; (2) Refuses, without good cause, to participate in an employment and training program to the extent required by the department; (3) Refuses, without good cause, to provide the department with sufficient information to allow the department to determine the employment status or the job availability of the individual; or (4) Voluntarily and without good cause quits a job or reduces work effort and, after the reduction, the individual is working less than thirty (30) hours per week.
(1) Refuses, at the time of application and every twelve (12) months thereafter, to register for employment in a manner prescribed by the United States department of agriculture;
(2) Refuses, without good cause, to participate in an employment and training program to the extent required by the department;
(3) Refuses, without good cause, to provide the department with sufficient information to allow the department to determine the employment status or the job availability of the individual; or
(4) Voluntarily and without good cause quits a job or reduces work effort and, after the reduction, the individual is working less than thirty (30) hours per week.
Added by 2022 Tenn. Acts, ch. 972, s 1, eff. 5/3/2022.
Tenn. Code Ann. § 71-6-113 — TN Code / Title 71 / Chapter 6 / Section 71-6-113
Cooperation by other departments - Specialized care
Status: in_force

(a) It is the legislative intent that the departments of mental health and substance abuse services, disability and aging, and health, or their successor agencies, shall assist the department of human services with providing the services required under this part. (b) When the department of human services is unable to find a resource for any person in need of protective services who, because of mental or physical illness, intellectual disability or developmental disabilities, is in need of specialized care or medical treatment, the departments of mental health and substance abuse services, disability and aging, and health, or their successor agencies, shall, based upon available resources, give priority to the person for appropriate placement or treatment if the person is eligible for placement. Amended by 2024 Tenn. Acts, ch. 688,s 190, eff. 7/1/2024. Acts 1978, ch. 899, § 2; T.C.A., § 14-2613; Acts 1986, ch. 630, § 16; T.C.A., § 14-25-113; Acts 2000, ch. 947, § 6; 2009 , ch. 212, § 3; 2010 , ch. 1100, §§ 144, 145; 2011 , ch. 158, § 41; 2012 , ch. 575, § 1.
(a) It is the legislative intent that the departments of mental health and substance abuse services, disability and aging, and health, or their successor agencies, shall assist the department of human services with providing the services required under this part.
(b) When the department of human services is unable to find a resource for any person in need of protective services who, because of mental or physical illness, intellectual disability or developmental disabilities, is in need of specialized care or medical treatment, the departments of mental health and substance abuse services, disability and aging, and health, or their successor agencies, shall, based upon available resources, give priority to the person for appropriate placement or treatment if the person is eligible for placement.
Amended by 2024 Tenn. Acts, ch. 688,s 190, eff. 7/1/2024.
Acts 1978, ch. 899, § 2; T.C.A., § 14-2613; Acts 1986, ch. 630, § 16; T.C.A., § 14-25-113; Acts 2000, ch. 947, § 6; 2009 , ch. 212, § 3; 2010 , ch. 1100, §§ 144, 145; 2011 , ch. 158, § 41; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 71-6-301 — TN Code / Title 71 / Chapter 6 / Section 71-6-301
Program established
Status: in_force

There is established a program for the establishment and funding of sexual assault program services to be administered by the department of finance and administration. Acts 2003, ch. 304, § 2.
There is established a program for the establishment and funding of sexual assault program services to be administered by the department of finance and administration.
Acts 2003, ch. 304, § 2.
Tenn. Code Ann. § 71-5-168 — TN Code / Title 71 / Chapter 5 / Section 71-5-168
CPT code updates to include reimbursement of remote ultrasound procedures and remote fetal nonstress tests - Qualifications for reimbursement
Status: in_force

(a) As used in this section, "CPT code" means the unique numerical designations established by the American Medical Association for various medical, surgical, and diagnostic services used in billing healthcare services. (b) No later than December 31, 2024, the bureau of TennCare shall amend existing rules, or promulgate new rules, on fee-for-service and medicaid managed care plans regarding reimbursement to allow for the reimbursement of remote ultrasound procedures and remote fetal nonstress tests utilizing established CPT codes for such procedures when the patient is in a residence or other off-site location that is separate from the patient's provider and the same standard of care is met. (c) When amending or promulgating rules pursuant to subsection (b), the bureau shall ensure that: (1) A remote ultrasound procedure or remote fetal nonstress test is only reimbursable when the provider uses digital technology: (A) To collect medical and other forms of health data from a patient and electronically transmit that information securely to a healthcare provider who is in a separate location for the purpose of interpretation and making recommendations; (B) That is compliant with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA)( 42 U.S.C. § 1320d et seq.); and (C) That is approved by the federal food and drug administration; and (2) A fetal nonstress test is only reimbursable with a place of service modifier for at-home monitoring with remote monitoring solutions that are cleared by the federal food and drug administration for on-label use for monitoring fetal heart rate, maternal heart rate, and uterine activity. Added by 2024 Tenn. Acts, ch. 674,s 1, eff. 4/11/2024.
(a) As used in this section, "CPT code" means the unique numerical designations established by the American Medical Association for various medical, surgical, and diagnostic services used in billing healthcare services.
(b) No later than December 31, 2024, the bureau of TennCare shall amend existing rules, or promulgate new rules, on fee-for-service and medicaid managed care plans regarding reimbursement to allow for the reimbursement of remote ultrasound procedures and remote fetal nonstress tests utilizing established CPT codes for such procedures when the patient is in a residence or other off-site location that is separate from the patient's provider and the same standard of care is met.
(c) When amending or promulgating rules pursuant to subsection (b), the bureau shall ensure that: (1) A remote ultrasound procedure or remote fetal nonstress test is only reimbursable when the provider uses digital technology: (A) To collect medical and other forms of health data from a patient and electronically transmit that information securely to a healthcare provider who is in a separate location for the purpose of interpretation and making recommendations; (B) That is compliant with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA)( 42 U.S.C. § 1320d et seq.); and (C) That is approved by the federal food and drug administration; and (2) A fetal nonstress test is only reimbursable with a place of service modifier for at-home monitoring with remote monitoring solutions that are cleared by the federal food and drug administration for on-label use for monitoring fetal heart rate, maternal heart rate, and uterine activity.
(1) A remote ultrasound procedure or remote fetal nonstress test is only reimbursable when the provider uses digital technology: (A) To collect medical and other forms of health data from a patient and electronically transmit that information securely to a healthcare provider who is in a separate location for the purpose of interpretation and making recommendations; (B) That is compliant with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA)( 42 U.S.C. § 1320d et seq.); and (C) That is approved by the federal food and drug administration; and
(A) To collect medical and other forms of health data from a patient and electronically transmit that information securely to a healthcare provider who is in a separate location for the purpose of interpretation and making recommendations;
(B) That is compliant with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA)( 42 U.S.C. § 1320d et seq.); and
(C) That is approved by the federal food and drug administration; and
(2) A fetal nonstress test is only reimbursable with a place of service modifier for at-home monitoring with remote monitoring solutions that are cleared by the federal food and drug administration for on-label use for monitoring fetal heart rate, maternal heart rate, and uterine activity.
Added by 2024 Tenn. Acts, ch. 674,s 1, eff. 4/11/2024.
Tenn. Code Ann. § 71-7-103 — TN Code / Title 71 / Chapter 7 / Section 71-7-103
Rare disease advisory council recommendations - Use of information - Input of advisory council
Status: in_force

(a) (1) The Tennessee rare disease advisory council shall advise the DUR, the PAC, and other state entities in their review of products or medications for the treatment of rare and orphan diseases, and drugs or biological products within the emerging fields of personalized medicine and non-inheritable gene editing therapeutics. (2) (A) All advisory council recommendations must be presented in writing to members of the PAC and DUR and explained to members of the PAC and DUR by representatives of the advisory council during their public meetings. (B) The advisory council has no authority on any matter relating to TennCare, nor may it require the DUR or PAC to follow its recommendations. (b) The DUR and PAC shall consider information submitted to them by the advisory council on rare diseases and personalized medicine when making recommendations or determinations regarding: (1) Beneficiary access to drugs and biological products for rare diseases, as defined in the federal Orphan Drug Act of 1983 ( 21 U.S.C. §§ 360aa - 360ff -1 ); (2) Drugs and biological products that are approved by the United States food and drug administration; and (3) The emerging fields of personalized medicine and non-inheritable gene-editing therapeutics. (c) The DUR and PAC shall seek the input of the advisory council on rare diseases and personalized medicine to address topics for consultation under this chapter, including, but not limited to: (1) Rare diseases; (2) The severity of rare diseases; (3) The unmet medical needs associated with rare diseases; (4) The impact of particular coverage, cost-sharing, tiering, utilization management, prior authorization, medication therapy management, or other medicaid policies on access to rare disease therapies; (5) An assessment of the benefits and risks of therapies to treat rare diseases; (6) The impact of coverage, cost-sharing, tiering, utilization management, prior authorization, medication therapy management, or other medicaid policies on patients' adherence to the treatment regimen prescribed or otherwise recommended by their physicians; (7) Whether beneficiaries who need treatment from or a consultation with a rare disease specialist have adequate access and, if not, what factors are causing the limited access; and (8) The demographics and the clinical description of patient populations. (d) Nothing in this chapter requires the advisory council, the DUR, or the PAC to consult with a person on any matter or requires those entities to meet with any specific expert or stakeholder. Added by 2020 Tenn. Acts, ch. 645, s 1, eff. 7/1/2020.
(a) (1) The Tennessee rare disease advisory council shall advise the DUR, the PAC, and other state entities in their review of products or medications for the treatment of rare and orphan diseases, and drugs or biological products within the emerging fields of personalized medicine and non-inheritable gene editing therapeutics. (2) (A) All advisory council recommendations must be presented in writing to members of the PAC and DUR and explained to members of the PAC and DUR by representatives of the advisory council during their public meetings. (B) The advisory council has no authority on any matter relating to TennCare, nor may it require the DUR or PAC to follow its recommendations.
(1) The Tennessee rare disease advisory council shall advise the DUR, the PAC, and other state entities in their review of products or medications for the treatment of rare and orphan diseases, and drugs or biological products within the emerging fields of personalized medicine and non-inheritable gene editing therapeutics.
(2) (A) All advisory council recommendations must be presented in writing to members of the PAC and DUR and explained to members of the PAC and DUR by representatives of the advisory council during their public meetings. (B) The advisory council has no authority on any matter relating to TennCare, nor may it require the DUR or PAC to follow its recommendations.
(A) All advisory council recommendations must be presented in writing to members of the PAC and DUR and explained to members of the PAC and DUR by representatives of the advisory council during their public meetings.
(B) The advisory council has no authority on any matter relating to TennCare, nor may it require the DUR or PAC to follow its recommendations.
(b) The DUR and PAC shall consider information submitted to them by the advisory council on rare diseases and personalized medicine when making recommendations or determinations regarding: (1) Beneficiary access to drugs and biological products for rare diseases, as defined in the federal Orphan Drug Act of 1983 ( 21 U.S.C. §§ 360aa - 360ff -1 ); (2) Drugs and biological products that are approved by the United States food and drug administration; and (3) The emerging fields of personalized medicine and non-inheritable gene-editing therapeutics.
(1) Beneficiary access to drugs and biological products for rare diseases, as defined in the federal Orphan Drug Act of 1983 ( 21 U.S.C. §§ 360aa - 360ff -1 );
(2) Drugs and biological products that are approved by the United States food and drug administration; and
(3) The emerging fields of personalized medicine and non-inheritable gene-editing therapeutics.
(c) The DUR and PAC shall seek the input of the advisory council on rare diseases and personalized medicine to address topics for consultation under this chapter, including, but not limited to: (1) Rare diseases; (2) The severity of rare diseases; (3) The unmet medical needs associated with rare diseases; (4) The impact of particular coverage, cost-sharing, tiering, utilization management, prior authorization, medication therapy management, or other medicaid policies on access to rare disease therapies; (5) An assessment of the benefits and risks of therapies to treat rare diseases; (6) The impact of coverage, cost-sharing, tiering, utilization management, prior authorization, medication therapy management, or other medicaid policies on patients' adherence to the treatment regimen prescribed or otherwise recommended by their physicians; (7) Whether beneficiaries who need treatment from or a consultation with a rare disease specialist have adequate access and, if not, what factors are causing the limited access; and (8) The demographics and the clinical description of patient populations.
(1) Rare diseases;
(2) The severity of rare diseases;
(3) The unmet medical needs associated with rare diseases;
(4) The impact of particular coverage, cost-sharing, tiering, utilization management, prior authorization, medication therapy management, or other medicaid policies on access to rare disease therapies;
(5) An assessment of the benefits and risks of therapies to treat rare diseases;
(6) The impact of coverage, cost-sharing, tiering, utilization management, prior authorization, medication therapy management, or other medicaid policies on patients' adherence to the treatment regimen prescribed or otherwise recommended by their physicians;
(7) Whether beneficiaries who need treatment from or a consultation with a rare disease specialist have adequate access and, if not, what factors are causing the limited access; and
(8) The demographics and the clinical description of patient populations.
(d) Nothing in this chapter requires the advisory council, the DUR, or the PAC to consult with a person on any matter or requires those entities to meet with any specific expert or stakeholder.
Added by 2020 Tenn. Acts, ch. 645, s 1, eff. 7/1/2020.
Tenn. Code Ann. § 71-6-115 — TN Code / Title 71 / Chapter 6 / Section 71-6-115
Cooperation by law enforcement officials
Status: in_force

It is the legislative intent that law enforcement officials shall cooperate with the department of human services in providing protective services under this part. Further, when the department is unable to return an adult to physical custody who voluntarily leaves such custody, law enforcement officials shall assist in returning the adult to such physical custody and shall give priority in providing such assistance. Acts 1986, ch. 630, § 17; T.C.A., § 14-25-115.
It is the legislative intent that law enforcement officials shall cooperate with the department of human services in providing protective services under this part. Further, when the department is unable to return an adult to physical custody who voluntarily leaves such custody, law enforcement officials shall assist in returning the adult to such physical custody and shall give priority in providing such assistance.
Acts 1986, ch. 630, § 17; T.C.A., § 14-25-115.
Tenn. Code Ann. § 71-2-413 — TN Code / Title 71 / Chapter 2 / Section 71-2-413
Advisory committee
Status: in_force

There is hereby established an advisory committee consisting of not less than seven (7) members appointed by the commissioner. The advisory committee shall assist the commissioner in implementing this part. The advisory committee shall reflect the diversity of this state with respect to urban and rural areas, the three (3) grand divisions and the various ethnic groups of this state. Acts 1996, ch. 1058, § 16; T.C.A., § 71-2-415 ; Acts 2000, ch. 981, § 72.
There is hereby established an advisory committee consisting of not less than seven (7) members appointed by the commissioner. The advisory committee shall assist the commissioner in implementing this part. The advisory committee shall reflect the diversity of this state with respect to urban and rural areas, the three (3) grand divisions and the various ethnic groups of this state.
Acts 1996, ch. 1058, § 16; T.C.A., § 71-2-415 ; Acts 2000, ch. 981, § 72.
Tenn. Code Ann. § 71-2-113 — TN Code / Title 71 / Chapter 2 / Section 71-2-113
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Added by 2016 Tenn. Acts, ch. 1044, s 6, eff. 4/28/2016.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Added by 2016 Tenn. Acts, ch. 1044, s 6, eff. 4/28/2016.
Tenn. Code Ann. § 71-2-214 — TN Code / Title 71 / Chapter 2 / Section 71-2-214
Unlawful use of lists of recipients
Status: in_force

(a) Except as permitted by §§ 71-1-117 and 71-1-118 , it is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, any list or names of, or any information concerning, persons applying for or receiving old-age assistance, directly or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or acquired in the course of the performance of official duties. (b) A violation of this section is a Class C misdemeanor. Acts 1941, ch. 148, § 1; C. Supp. 1950, § 4765.37 (Williams, § 11412.7); impl. am. Acts 1953, ch. 29, §§ 1, 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-220, 14-2-114; Acts 1989, ch. 591, § 113.
(a) Except as permitted by §§ 71-1-117 and 71-1-118 , it is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, any list or names of, or any information concerning, persons applying for or receiving old-age assistance, directly or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or acquired in the course of the performance of official duties.
(b) A violation of this section is a Class C misdemeanor.
Acts 1941, ch. 148, § 1; C. Supp. 1950, § 4765.37 (Williams, § 11412.7); impl. am. Acts 1953, ch. 29, §§ 1, 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-220, 14-2-114; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 71-5-144 — TN Code / Title 71 / Chapter 5 / Section 71-5-144
Medically necessary items and services
Status: in_force

(a) Enrollees under the TennCare program are eligible to receive, and TennCare shall provide payment for, only those medical items and services that are: (1) Within the scope of defined benefits for which the enrollee is eligible under the TennCare program; and (2) Determined by the TennCare program to be medically necessary. (b) To be determined to be medically necessary, a medical item or service must be recommended by a physician who is treating the enrollee or other licensed healthcare provider practicing within the scope of the physician's license who is treating the enrollee and must satisfy each of the following criteria: (1) It must be required in order to diagnose or treat an enrollee's medical condition. The convenience of an enrollee, the enrollee's family, or a provider, shall not be a factor or justification in determining that a medical item or service is medically necessary; (2) It must be safe and effective. To qualify as safe and effective, the type and level of medical item or service must be consistent with the symptoms or diagnosis and treatment of the particular medical condition, and the reasonably anticipated medical benefits of the item or service must outweigh the reasonably anticipated medical risks based on the enrollee's condition and scientifically supported evidence; (3) It must be the least costly alternative course of diagnosis or treatment that is adequate for the medical condition of the enrollee. When applied to medical items or services delivered in an inpatient setting, it further means that the medical item or service cannot be safely provided for the same or lesser cost to the person in an outpatient setting. Where there are less costly alternative courses of diagnosis or treatment, including less costly alternative settings, that are adequate for the medical condition of the enrollee, more costly alternative courses of diagnosis or treatment are not medically necessary. An alternative course of diagnosis or treatment may include observation, lifestyle or behavioral changes or, where appropriate, no treatment at all; and (4) (A) It must not be experimental or investigational. A medical item or service is experimental or investigational if there is inadequate empirically-based objective clinical scientific evidence of its safety and effectiveness for the particular use in question. This standard is not satisfied by a provider's subjective clinical judgment on the safety and effectiveness of a medical item or service or by a reasonable medical or clinical hypothesis based on an extrapolation from use in another setting or from use in diagnosing or treating another condition; (B) Use of a drug or biological product that has not been approved under a new drug application for marketing by the United States Food and Drug Administration (FDA) is deemed experimental; (C) Use of a drug or biological product that has been approved for marketing by the FDA but is proposed to be used for other than the FDA-approved purpose will not be deemed medically necessary unless the use can be shown to be widespread, to be generally accepted by the professional medical community as an effective and proven treatment in the setting and for the condition for which it is used, and to satisfy the requirements of subdivisions (b)(1)-(3). (c) It is the responsibility of the bureau of TennCare ultimately to determine what medical items and services are medically necessary for the TennCare program. The fact that a provider has prescribed, recommended or approved a medical item or service does not, in itself, make such item or service medically necessary. (d) The medical necessity standard set forth in this section shall govern the delivery of all services and items to all enrollees or classes of beneficiaries in the TennCare program. The bureau of TennCare is authorized to make limited special provisions for particular items or services, such as long-term care, or such as may be required for compliance with federal law. (e) Medical protocols developed using evidence-based medicine that are authorized by the bureau of TennCare pursuant to § 71-5-107 shall satisfy the standard of medical necessity. Such protocols shall be appropriately published to all TennCare providers and managed care organizations. (f) The bureau of TennCare is authorized to promulgate such rules and regulations as may be necessary to implement this section. Acts 2004, ch. 673, § 22.
(a) Enrollees under the TennCare program are eligible to receive, and TennCare shall provide payment for, only those medical items and services that are: (1) Within the scope of defined benefits for which the enrollee is eligible under the TennCare program; and (2) Determined by the TennCare program to be medically necessary.
(1) Within the scope of defined benefits for which the enrollee is eligible under the TennCare program; and
(2) Determined by the TennCare program to be medically necessary.
(b) To be determined to be medically necessary, a medical item or service must be recommended by a physician who is treating the enrollee or other licensed healthcare provider practicing within the scope of the physician's license who is treating the enrollee and must satisfy each of the following criteria: (1) It must be required in order to diagnose or treat an enrollee's medical condition. The convenience of an enrollee, the enrollee's family, or a provider, shall not be a factor or justification in determining that a medical item or service is medically necessary; (2) It must be safe and effective. To qualify as safe and effective, the type and level of medical item or service must be consistent with the symptoms or diagnosis and treatment of the particular medical condition, and the reasonably anticipated medical benefits of the item or service must outweigh the reasonably anticipated medical risks based on the enrollee's condition and scientifically supported evidence; (3) It must be the least costly alternative course of diagnosis or treatment that is adequate for the medical condition of the enrollee. When applied to medical items or services delivered in an inpatient setting, it further means that the medical item or service cannot be safely provided for the same or lesser cost to the person in an outpatient setting. Where there are less costly alternative courses of diagnosis or treatment, including less costly alternative settings, that are adequate for the medical condition of the enrollee, more costly alternative courses of diagnosis or treatment are not medically necessary. An alternative course of diagnosis or treatment may include observation, lifestyle or behavioral changes or, where appropriate, no treatment at all; and (4) (A) It must not be experimental or investigational. A medical item or service is experimental or investigational if there is inadequate empirically-based objective clinical scientific evidence of its safety and effectiveness for the particular use in question. This standard is not satisfied by a provider's subjective clinical judgment on the safety and effectiveness of a medical item or service or by a reasonable medical or clinical hypothesis based on an extrapolation from use in another setting or from use in diagnosing or treating another condition; (B) Use of a drug or biological product that has not been approved under a new drug application for marketing by the United States Food and Drug Administration (FDA) is deemed experimental; (C) Use of a drug or biological product that has been approved for marketing by the FDA but is proposed to be used for other than the FDA-approved purpose will not be deemed medically necessary unless the use can be shown to be widespread, to be generally accepted by the professional medical community as an effective and proven treatment in the setting and for the condition for which it is used, and to satisfy the requirements of subdivisions (b)(1)-(3).
(1) It must be required in order to diagnose or treat an enrollee's medical condition. The convenience of an enrollee, the enrollee's family, or a provider, shall not be a factor or justification in determining that a medical item or service is medically necessary;
(2) It must be safe and effective. To qualify as safe and effective, the type and level of medical item or service must be consistent with the symptoms or diagnosis and treatment of the particular medical condition, and the reasonably anticipated medical benefits of the item or service must outweigh the reasonably anticipated medical risks based on the enrollee's condition and scientifically supported evidence;
(3) It must be the least costly alternative course of diagnosis or treatment that is adequate for the medical condition of the enrollee. When applied to medical items or services delivered in an inpatient setting, it further means that the medical item or service cannot be safely provided for the same or lesser cost to the person in an outpatient setting. Where there are less costly alternative courses of diagnosis or treatment, including less costly alternative settings, that are adequate for the medical condition of the enrollee, more costly alternative courses of diagnosis or treatment are not medically necessary. An alternative course of diagnosis or treatment may include observation, lifestyle or behavioral changes or, where appropriate, no treatment at all; and
(4) (A) It must not be experimental or investigational. A medical item or service is experimental or investigational if there is inadequate empirically-based objective clinical scientific evidence of its safety and effectiveness for the particular use in question. This standard is not satisfied by a provider's subjective clinical judgment on the safety and effectiveness of a medical item or service or by a reasonable medical or clinical hypothesis based on an extrapolation from use in another setting or from use in diagnosing or treating another condition; (B) Use of a drug or biological product that has not been approved under a new drug application for marketing by the United States Food and Drug Administration (FDA) is deemed experimental; (C) Use of a drug or biological product that has been approved for marketing by the FDA but is proposed to be used for other than the FDA-approved purpose will not be deemed medically necessary unless the use can be shown to be widespread, to be generally accepted by the professional medical community as an effective and proven treatment in the setting and for the condition for which it is used, and to satisfy the requirements of subdivisions (b)(1)-(3).
(A) It must not be experimental or investigational. A medical item or service is experimental or investigational if there is inadequate empirically-based objective clinical scientific evidence of its safety and effectiveness for the particular use in question. This standard is not satisfied by a provider's subjective clinical judgment on the safety and effectiveness of a medical item or service or by a reasonable medical or clinical hypothesis based on an extrapolation from use in another setting or from use in diagnosing or treating another condition;
(B) Use of a drug or biological product that has not been approved under a new drug application for marketing by the United States Food and Drug Administration (FDA) is deemed experimental;
(C) Use of a drug or biological product that has been approved for marketing by the FDA but is proposed to be used for other than the FDA-approved purpose will not be deemed medically necessary unless the use can be shown to be widespread, to be generally accepted by the professional medical community as an effective and proven treatment in the setting and for the condition for which it is used, and to satisfy the requirements of subdivisions (b)(1)-(3).
(c) It is the responsibility of the bureau of TennCare ultimately to determine what medical items and services are medically necessary for the TennCare program. The fact that a provider has prescribed, recommended or approved a medical item or service does not, in itself, make such item or service medically necessary.
(d) The medical necessity standard set forth in this section shall govern the delivery of all services and items to all enrollees or classes of beneficiaries in the TennCare program. The bureau of TennCare is authorized to make limited special provisions for particular items or services, such as long-term care, or such as may be required for compliance with federal law.
(e) Medical protocols developed using evidence-based medicine that are authorized by the bureau of TennCare pursuant to § 71-5-107 shall satisfy the standard of medical necessity. Such protocols shall be appropriately published to all TennCare providers and managed care organizations.
(f) The bureau of TennCare is authorized to promulgate such rules and regulations as may be necessary to implement this section.
Acts 2004, ch. 673, § 22.
Tenn. Code Ann. § 71-1-132 — TN Code / Title 71 / Chapter 1 / Section 71-1-132
Rule making authority - Compliance with federal law - Notice of rulemaking
Status: in_force

(a) (1) The department shall have rulemaking authority to establish any rules necessary for the administration of the child support program operated pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), and shall have rulemaking authority to establish any rules to carry out the requirements of any title or part of any title that the department administers and that are necessary to implement the Title IV-D child support program and to effectuate any federal legislative or regulatory changes. (2) Notwithstanding any law to the contrary, the department shall have authority after July 1, 1997, to promulgate any emergency rules, following approval by the attorney general and reporter pursuant to § 4-5-208 , to implement chapter 551 of the Acts of 1997 or of any title or part of any title that the department administers and that may be necessary to implement chapter 551 of the Acts of 1997, which emergency rules shall become effective upon the effective date of any provisions of Acts 1997, ch. 551, if the implementation period of any provisions of chapter 551 of the Acts of 1997, occurs before July 1, 1998; provided, however, that the department shall promulgate permanent rules to implement chapter 551 of the Acts of 1997, pursuant to a rulemaking hearing as required by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Nothing in this subsection (a) shall be construed to abrogate the ability of the department at any time to utilize the provisions for implementing emergency rules as otherwise permitted by the Uniform Administrative Procedures Act. (b) Notwithstanding any other state law to the contrary, the department shall have the authority to immediately implement any federal legislative or regulatory changes by emergency rules following approval by the attorney general and reporter pursuant to § 4-5-208 if such federal legislative or regulatory changes occur before July 1, 1998; provided, however, that permanent rules shall be promulgated pursuant to the Uniform Administrative Procedures Act. Nothing in this subsection (b) shall be construed to abrogate the ability of the department at any time to utilize the provisions for implementing emergency rules as otherwise permitted by the Uniform Administrative Procedures Act. (c) Notwithstanding any other law to the contrary, any forms mandated by the secretary of health and human services that are required to be utilized by the department of human services in any aspect of the Title IV-D child support program administered by the department shall be implemented immediately by emergency rule of the department following approval by the attorney general and reporter pursuant to § 4-5-208 , and shall, in all respects, immediately supersede any forms in use at the time the department implements the use of such federal forms by emergency rule. Any requirements of the laws or regulations of this state that are inconsistent with the language or procedures established by such federal forms shall be subordinate to the requirements imposed by such federal forms. (d) Prior to the filing of a notice of rulemaking for permanent rules pursuant to this section, the department shall send the rules for review by an advisory group composed of two (2) representatives of the state court clerks' conference appointed by the president of the state court clerks' association; two (2) representatives of the judges of courts who have child support responsibilities, one (1) of whom will be appointed by the chief justice of the supreme court and one (1) of whom will be appointed by the president of the council of juvenile and family court judges; one (1) representative of the administrative office of the courts; two (2) citizen representatives who are attorneys appointed by the commissioner of human services, one (1) of whom will be an advocate for child support obligors and one (1) of whom will be an advocate for child support obligees; and two (2) representatives of the department of human services designated by the commissioner. The department shall implement procedures to ensure that the work of the advisory group is accountable and transparent to the public. This section does not prevent the department from filing any notice of rulemaking prior to or at the time the proposed permanent rules are sent to the advisory group where the department determines that immediate filing of the notice without prior review by the advisory group is necessary to meet any requirements relative to the potential expiration of emergency rules or to comply with any federal statutory or regulatory requirements or any federal policy directives, nor does the requirement of this subsection (d) supersede any requirements of subsection (c). Amended by 2021 Tenn. Acts, ch. 526, s 1, eff. 5/25/2021. Acts 1997 , ch. 551, § 68; 2009 , ch. 566, § 12.
(a) (1) The department shall have rulemaking authority to establish any rules necessary for the administration of the child support program operated pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), and shall have rulemaking authority to establish any rules to carry out the requirements of any title or part of any title that the department administers and that are necessary to implement the Title IV-D child support program and to effectuate any federal legislative or regulatory changes. (2) Notwithstanding any law to the contrary, the department shall have authority after July 1, 1997, to promulgate any emergency rules, following approval by the attorney general and reporter pursuant to § 4-5-208 , to implement chapter 551 of the Acts of 1997 or of any title or part of any title that the department administers and that may be necessary to implement chapter 551 of the Acts of 1997, which emergency rules shall become effective upon the effective date of any provisions of Acts 1997, ch. 551, if the implementation period of any provisions of chapter 551 of the Acts of 1997, occurs before July 1, 1998; provided, however, that the department shall promulgate permanent rules to implement chapter 551 of the Acts of 1997, pursuant to a rulemaking hearing as required by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Nothing in this subsection (a) shall be construed to abrogate the ability of the department at any time to utilize the provisions for implementing emergency rules as otherwise permitted by the Uniform Administrative Procedures Act.
(1) The department shall have rulemaking authority to establish any rules necessary for the administration of the child support program operated pursuant to Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), and shall have rulemaking authority to establish any rules to carry out the requirements of any title or part of any title that the department administers and that are necessary to implement the Title IV-D child support program and to effectuate any federal legislative or regulatory changes.
(2) Notwithstanding any law to the contrary, the department shall have authority after July 1, 1997, to promulgate any emergency rules, following approval by the attorney general and reporter pursuant to § 4-5-208 , to implement chapter 551 of the Acts of 1997 or of any title or part of any title that the department administers and that may be necessary to implement chapter 551 of the Acts of 1997, which emergency rules shall become effective upon the effective date of any provisions of Acts 1997, ch. 551, if the implementation period of any provisions of chapter 551 of the Acts of 1997, occurs before July 1, 1998; provided, however, that the department shall promulgate permanent rules to implement chapter 551 of the Acts of 1997, pursuant to a rulemaking hearing as required by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Nothing in this subsection (a) shall be construed to abrogate the ability of the department at any time to utilize the provisions for implementing emergency rules as otherwise permitted by the Uniform Administrative Procedures Act.
(b) Notwithstanding any other state law to the contrary, the department shall have the authority to immediately implement any federal legislative or regulatory changes by emergency rules following approval by the attorney general and reporter pursuant to § 4-5-208 if such federal legislative or regulatory changes occur before July 1, 1998; provided, however, that permanent rules shall be promulgated pursuant to the Uniform Administrative Procedures Act. Nothing in this subsection (b) shall be construed to abrogate the ability of the department at any time to utilize the provisions for implementing emergency rules as otherwise permitted by the Uniform Administrative Procedures Act.
(c) Notwithstanding any other law to the contrary, any forms mandated by the secretary of health and human services that are required to be utilized by the department of human services in any aspect of the Title IV-D child support program administered by the department shall be implemented immediately by emergency rule of the department following approval by the attorney general and reporter pursuant to § 4-5-208 , and shall, in all respects, immediately supersede any forms in use at the time the department implements the use of such federal forms by emergency rule. Any requirements of the laws or regulations of this state that are inconsistent with the language or procedures established by such federal forms shall be subordinate to the requirements imposed by such federal forms.
(d) Prior to the filing of a notice of rulemaking for permanent rules pursuant to this section, the department shall send the rules for review by an advisory group composed of two (2) representatives of the state court clerks' conference appointed by the president of the state court clerks' association; two (2) representatives of the judges of courts who have child support responsibilities, one (1) of whom will be appointed by the chief justice of the supreme court and one (1) of whom will be appointed by the president of the council of juvenile and family court judges; one (1) representative of the administrative office of the courts; two (2) citizen representatives who are attorneys appointed by the commissioner of human services, one (1) of whom will be an advocate for child support obligors and one (1) of whom will be an advocate for child support obligees; and two (2) representatives of the department of human services designated by the commissioner. The department shall implement procedures to ensure that the work of the advisory group is accountable and transparent to the public. This section does not prevent the department from filing any notice of rulemaking prior to or at the time the proposed permanent rules are sent to the advisory group where the department determines that immediate filing of the notice without prior review by the advisory group is necessary to meet any requirements relative to the potential expiration of emergency rules or to comply with any federal statutory or regulatory requirements or any federal policy directives, nor does the requirement of this subsection (d) supersede any requirements of subsection (c).
Amended by 2021 Tenn. Acts, ch. 526, s 1, eff. 5/25/2021.
Acts 1997 , ch. 551, § 68; 2009 , ch. 566, § 12.
Tenn. Code Ann. § 71-5-1101 — TN Code / Title 71 / Chapter 5 / Section 71-5-1101
[Repealed] Expired
Status: repealed

Added by 2016 Tenn. Acts, ch. 854, s 2, eff. 7/1/2016.
Tenn. Code Ann. § 71-5-140 — TN Code / Title 71 / Chapter 5 / Section 71-5-140
Deductions for dental services paid by eligible individuals in long-term care facilities
Status: in_force

(a) In addition to the deductions from the total income available for the cost of long-term nursing home care authorized pursuant to the rules and regulations of the department of human services, division of medical services, for an eligible individual confined to a long-term care facility, a deduction shall also be authorized and made from such total income available for the costs for dental services paid by the eligible individual. (b) Deductions for such dental services shall be made for those services whether such services are provided at a dental office, on-site at the long-term care facility, or through a mobile dental services provider that contracts with the long-term care facility. (c) A mobile dental services provider providing such dental services shall meet and comply with the following requirements: (1) The requirements of § 63-5-121 ; (2) The mobile dental services provider shall obtain a consent for dental services either from the resident or from the resident's responsible party, which consent shall remain valid and in force for the entire length of stay of the resident unless otherwise revoked by the resident or the responsible party; (3) The mobile dental services provider shall contract with dentists licensed in this state who have a medicare/medicaid number; (4) The mobile dental services provider may provide routine and emergency dental services as consented to under subdivision (c)(2) or subsection (e). Services related to the provision of dentures shall be deemed medically necessary, in writing, by the facility's medical director or the patient's attending physician prior to the delivery of such services. The facility shall not be directly liable to the provider for dental services; and (5) The mobile dental services provider shall maintain records of services provided on standard American Dental Association (ADA) claim forms using appropriate CDT-3 codes for services delivered. Records shall be maintained by the provider of services for five (5) years following the date of service. Records maintained by the mobile dental services provider shall be subject to audit by TennCare, comptroller of the treasury's office or any government regulatory agency at least annually. (d) Upon the submission of a request by the dental services provider for a deduction under this section to the respective county office of the department of human services, the department staff shall process the request within thirty (30) days of receipt. Such office shall report the approval or disapproval of such deduction directly to the long-term care facility, and the responsible party, if any. (e) If the responsible party has not signed or refuses to sign the consent required pursuant to subdivision (c)(2), nor notifies the long-term care facility of an arrangement for alternative dental care, the long-term care facility may choose to authorize the provision of dental services on behalf of the resident for the immediate dental care required. However, under no circumstances shall such an authorization for consent to treatment make the facility liable for payment for services beyond those funds received by the facility from the patient's responsible party, if any. (f) If the facility is the representative payee for the resident's social security income, the dental services provider shall not be required to bill the responsible party, but may be paid from the resident's financial resources received by the long-term care facility. The long-term care facility shall pay the dental services provider within thirty (30) days of receipt of such funds, to the extent such payment is authorized as a deduction by the department of human services. (g) If the facility is not the representative payee for the resident's social security income, the dental services provider shall bill the responsible party unless the facility agrees to pay the dental services provider from the resident's financial resources received by the facility. The dental services provider shall have the right to bill the responsible party for the authorized deduction in the event such funds are not forwarded to the facility by the responsible party. However, the facility, under either subsection (f) or this subsection (g), shall not be directly liable to the provider for dental services. Acts 2002, ch. 717, § 2.
(a) In addition to the deductions from the total income available for the cost of long-term nursing home care authorized pursuant to the rules and regulations of the department of human services, division of medical services, for an eligible individual confined to a long-term care facility, a deduction shall also be authorized and made from such total income available for the costs for dental services paid by the eligible individual.
(b) Deductions for such dental services shall be made for those services whether such services are provided at a dental office, on-site at the long-term care facility, or through a mobile dental services provider that contracts with the long-term care facility.
(c) A mobile dental services provider providing such dental services shall meet and comply with the following requirements: (1) The requirements of § 63-5-121 ; (2) The mobile dental services provider shall obtain a consent for dental services either from the resident or from the resident's responsible party, which consent shall remain valid and in force for the entire length of stay of the resident unless otherwise revoked by the resident or the responsible party; (3) The mobile dental services provider shall contract with dentists licensed in this state who have a medicare/medicaid number; (4) The mobile dental services provider may provide routine and emergency dental services as consented to under subdivision (c)(2) or subsection (e). Services related to the provision of dentures shall be deemed medically necessary, in writing, by the facility's medical director or the patient's attending physician prior to the delivery of such services. The facility shall not be directly liable to the provider for dental services; and (5) The mobile dental services provider shall maintain records of services provided on standard American Dental Association (ADA) claim forms using appropriate CDT-3 codes for services delivered. Records shall be maintained by the provider of services for five (5) years following the date of service. Records maintained by the mobile dental services provider shall be subject to audit by TennCare, comptroller of the treasury's office or any government regulatory agency at least annually.
(1) The requirements of § 63-5-121 ;
(2) The mobile dental services provider shall obtain a consent for dental services either from the resident or from the resident's responsible party, which consent shall remain valid and in force for the entire length of stay of the resident unless otherwise revoked by the resident or the responsible party;
(3) The mobile dental services provider shall contract with dentists licensed in this state who have a medicare/medicaid number;
(4) The mobile dental services provider may provide routine and emergency dental services as consented to under subdivision (c)(2) or subsection (e). Services related to the provision of dentures shall be deemed medically necessary, in writing, by the facility's medical director or the patient's attending physician prior to the delivery of such services. The facility shall not be directly liable to the provider for dental services; and
(5) The mobile dental services provider shall maintain records of services provided on standard American Dental Association (ADA) claim forms using appropriate CDT-3 codes for services delivered. Records shall be maintained by the provider of services for five (5) years following the date of service. Records maintained by the mobile dental services provider shall be subject to audit by TennCare, comptroller of the treasury's office or any government regulatory agency at least annually.
(d) Upon the submission of a request by the dental services provider for a deduction under this section to the respective county office of the department of human services, the department staff shall process the request within thirty (30) days of receipt. Such office shall report the approval or disapproval of such deduction directly to the long-term care facility, and the responsible party, if any.
(e) If the responsible party has not signed or refuses to sign the consent required pursuant to subdivision (c)(2), nor notifies the long-term care facility of an arrangement for alternative dental care, the long-term care facility may choose to authorize the provision of dental services on behalf of the resident for the immediate dental care required. However, under no circumstances shall such an authorization for consent to treatment make the facility liable for payment for services beyond those funds received by the facility from the patient's responsible party, if any.
(f) If the facility is the representative payee for the resident's social security income, the dental services provider shall not be required to bill the responsible party, but may be paid from the resident's financial resources received by the long-term care facility. The long-term care facility shall pay the dental services provider within thirty (30) days of receipt of such funds, to the extent such payment is authorized as a deduction by the department of human services.
(g) If the facility is not the representative payee for the resident's social security income, the dental services provider shall bill the responsible party unless the facility agrees to pay the dental services provider from the resident's financial resources received by the facility. The dental services provider shall have the right to bill the responsible party for the authorized deduction in the event such funds are not forwarded to the facility by the responsible party. However, the facility, under either subsection (f) or this subsection (g), shall not be directly liable to the provider for dental services.
Acts 2002, ch. 717, § 2.
Tenn. Code Ann. § 71-5-1004 — TN Code / Title 71 / Chapter 5 / Section 71-5-1004
Quality-based component of reimbursement methodology for nursing facility services
Status: in_force

(a) (1) A specified amount of the funding for nursing facility (NF) services shall be set aside during each fiscal year for purposes of calculating a quality-based component of each NF provider's per diem payment as a quality incentive component, which shall be in addition to quality informed aspects of the NF reimbursement methodology. (2) At the outset of the implementation of these acuity and quality-based reimbursement systems, the amount of funding set aside for the quality-based component of the reimbursement methodology for nursing facilities shall be no less than forty million dollars ($40,000,000) or four percent (4%) of the total projected fiscal year expenditures for NF services, whichever is greater. (3) In each subsequent year, the amount of funding set aside for the quality-based component of the reimbursement methodology for nursing facilities shall increase at two (2) times the rate of inflation of the index factor. Index factor inflation shall be calculated from the midpoint of the prior state fiscal year to the midpoint of the new state fiscal year. (4) This annual quality-based component index factor adjustment shall continue until such time that the quality-based component of the reimbursement methodology for nursing facilities constitutes ten percent (10%) of the total projected fiscal year expenditures for NF services. Once the quality-based component of the reimbursement methodology constitutes ten percent (10%) of the total projected fiscal year expenditures for NF services, it shall then increase or decrease at a rate necessary to ensure that the quality-based component of the reimbursement methodology remains at ten percent (10%). (5) All noted minimum quality-based component thresholds and index factor inflationary adjustments are made prior to consideration of the budget adjustment factor (BAF). (b) (1) The base-year annualized medicaid resident day-weighted median costs and prices shall be rebased at an interval no longer than three (3) years after a new base year period has been established. The new base year median costs and prices will be established using the most recently audited or desk reviewed cost reports that have a cost reporting period greater than six (6) months, with a cost report end date eighteen (18) months or more before the start of the rebase period. (2) Cost reports issued a disclaimer of opinion during the audit process or cost reports containing substantial issues, including incomplete filing, during the desk review process, as solely determined by the comptroller of the treasury, will be excluded from the median and price calculations. (3) Only audited or reviewed cost reports available prior to the July 1 rate setting will be considered in the median and price calculations. (c) (1) The initial quality outcome measures and point values established for the NF reimbursement system implemented on July 1, 2018, shall be based upon the structure of the QuILTSS criteria established by the bureau of TennCare on August 5, 2014. The bureau of TennCare may establish quality outcome measures and performance benchmarks by rulemaking consistent with this section. (2) Quality outcome measures and performance benchmarks for each measure shall not be modified for the first three (3) fiscal years of reimbursement unless agreed to by TennCare in consultation with the Tennessee Health Care Association (THCA). After the initial three (3) year period, quality outcome measures, performance benchmarks for each measure, and point values shall be established in consultation with THCA. Any modifications to such criteria shall be established through rulemaking and shall not be changed for another three-year period. (d) Any submissions by any facility relating to documentation of and participation in the quality-based component of the reimbursement methodology for nursing facilities shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. However, nothing in this rule shall be construed to make immune from discovery or use in any judicial or administrative proceeding information, record, or documents that are otherwise available from original sources kept in the facility, and would otherwise be available to a litigant through discovery requested from the facility. The confidentiality provisions of this subsection (d) shall also not apply to any judicial or administrative proceeding contesting the determination of the bureau of TennCare regarding the facility's quality component reimbursement. Amended by 2018 Tenn. Acts, ch. 836, s 6, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 377, s 3, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 883, Secs.s 5, s 6, s 7, s 8 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 883, s 4, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 360, s 5, eff. 7/1/2015. Acts 2014 , ch. 859, § 1.
(a) (1) A specified amount of the funding for nursing facility (NF) services shall be set aside during each fiscal year for purposes of calculating a quality-based component of each NF provider's per diem payment as a quality incentive component, which shall be in addition to quality informed aspects of the NF reimbursement methodology. (2) At the outset of the implementation of these acuity and quality-based reimbursement systems, the amount of funding set aside for the quality-based component of the reimbursement methodology for nursing facilities shall be no less than forty million dollars ($40,000,000) or four percent (4%) of the total projected fiscal year expenditures for NF services, whichever is greater. (3) In each subsequent year, the amount of funding set aside for the quality-based component of the reimbursement methodology for nursing facilities shall increase at two (2) times the rate of inflation of the index factor. Index factor inflation shall be calculated from the midpoint of the prior state fiscal year to the midpoint of the new state fiscal year. (4) This annual quality-based component index factor adjustment shall continue until such time that the quality-based component of the reimbursement methodology for nursing facilities constitutes ten percent (10%) of the total projected fiscal year expenditures for NF services. Once the quality-based component of the reimbursement methodology constitutes ten percent (10%) of the total projected fiscal year expenditures for NF services, it shall then increase or decrease at a rate necessary to ensure that the quality-based component of the reimbursement methodology remains at ten percent (10%). (5) All noted minimum quality-based component thresholds and index factor inflationary adjustments are made prior to consideration of the budget adjustment factor (BAF).
(1) A specified amount of the funding for nursing facility (NF) services shall be set aside during each fiscal year for purposes of calculating a quality-based component of each NF provider's per diem payment as a quality incentive component, which shall be in addition to quality informed aspects of the NF reimbursement methodology.
(2) At the outset of the implementation of these acuity and quality-based reimbursement systems, the amount of funding set aside for the quality-based component of the reimbursement methodology for nursing facilities shall be no less than forty million dollars ($40,000,000) or four percent (4%) of the total projected fiscal year expenditures for NF services, whichever is greater.
(3) In each subsequent year, the amount of funding set aside for the quality-based component of the reimbursement methodology for nursing facilities shall increase at two (2) times the rate of inflation of the index factor. Index factor inflation shall be calculated from the midpoint of the prior state fiscal year to the midpoint of the new state fiscal year.
(4) This annual quality-based component index factor adjustment shall continue until such time that the quality-based component of the reimbursement methodology for nursing facilities constitutes ten percent (10%) of the total projected fiscal year expenditures for NF services. Once the quality-based component of the reimbursement methodology constitutes ten percent (10%) of the total projected fiscal year expenditures for NF services, it shall then increase or decrease at a rate necessary to ensure that the quality-based component of the reimbursement methodology remains at ten percent (10%).
(5) All noted minimum quality-based component thresholds and index factor inflationary adjustments are made prior to consideration of the budget adjustment factor (BAF).
(b) (1) The base-year annualized medicaid resident day-weighted median costs and prices shall be rebased at an interval no longer than three (3) years after a new base year period has been established. The new base year median costs and prices will be established using the most recently audited or desk reviewed cost reports that have a cost reporting period greater than six (6) months, with a cost report end date eighteen (18) months or more before the start of the rebase period. (2) Cost reports issued a disclaimer of opinion during the audit process or cost reports containing substantial issues, including incomplete filing, during the desk review process, as solely determined by the comptroller of the treasury, will be excluded from the median and price calculations. (3) Only audited or reviewed cost reports available prior to the July 1 rate setting will be considered in the median and price calculations.
(1) The base-year annualized medicaid resident day-weighted median costs and prices shall be rebased at an interval no longer than three (3) years after a new base year period has been established. The new base year median costs and prices will be established using the most recently audited or desk reviewed cost reports that have a cost reporting period greater than six (6) months, with a cost report end date eighteen (18) months or more before the start of the rebase period.
(2) Cost reports issued a disclaimer of opinion during the audit process or cost reports containing substantial issues, including incomplete filing, during the desk review process, as solely determined by the comptroller of the treasury, will be excluded from the median and price calculations.
(3) Only audited or reviewed cost reports available prior to the July 1 rate setting will be considered in the median and price calculations.
(c) (1) The initial quality outcome measures and point values established for the NF reimbursement system implemented on July 1, 2018, shall be based upon the structure of the QuILTSS criteria established by the bureau of TennCare on August 5, 2014. The bureau of TennCare may establish quality outcome measures and performance benchmarks by rulemaking consistent with this section. (2) Quality outcome measures and performance benchmarks for each measure shall not be modified for the first three (3) fiscal years of reimbursement unless agreed to by TennCare in consultation with the Tennessee Health Care Association (THCA). After the initial three (3) year period, quality outcome measures, performance benchmarks for each measure, and point values shall be established in consultation with THCA. Any modifications to such criteria shall be established through rulemaking and shall not be changed for another three-year period.
(1) The initial quality outcome measures and point values established for the NF reimbursement system implemented on July 1, 2018, shall be based upon the structure of the QuILTSS criteria established by the bureau of TennCare on August 5, 2014. The bureau of TennCare may establish quality outcome measures and performance benchmarks by rulemaking consistent with this section.
(2) Quality outcome measures and performance benchmarks for each measure shall not be modified for the first three (3) fiscal years of reimbursement unless agreed to by TennCare in consultation with the Tennessee Health Care Association (THCA). After the initial three (3) year period, quality outcome measures, performance benchmarks for each measure, and point values shall be established in consultation with THCA. Any modifications to such criteria shall be established through rulemaking and shall not be changed for another three-year period.
(d) Any submissions by any facility relating to documentation of and participation in the quality-based component of the reimbursement methodology for nursing facilities shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. However, nothing in this rule shall be construed to make immune from discovery or use in any judicial or administrative proceeding information, record, or documents that are otherwise available from original sources kept in the facility, and would otherwise be available to a litigant through discovery requested from the facility. The confidentiality provisions of this subsection (d) shall also not apply to any judicial or administrative proceeding contesting the determination of the bureau of TennCare regarding the facility's quality component reimbursement.
Amended by 2018 Tenn. Acts, ch. 836, s 6, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 377, s 3, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 883, Secs.s 5, s 6, s 7, s 8 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 883, s 4, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 360, s 5, eff. 7/1/2015.
Acts 2014 , ch. 859, § 1.
Tenn. Code Ann. § 71-3-105 — TN Code / Title 71 / Chapter 3 / Section 71-3-105
Rules and regulations - Deductions - Reports to governor and general assembly - Miscellaneous provisions
Status: in_force

(a) In determining eligibility under § 71-3-104 for, and amounts of, grants under the temporary assistance program, the department of human services shall adopt rules and regulations establishing a standard of need that reflects the true cost of the following, less any discounts for other sources of assistance provided for in subsection (b): (1) Safe, healthful housing; (2) Minimum clothing for health and decency; (3) A low cost adequate food budget as recommended by the United States department of agriculture's thrifty food plan ( 7 U.S.C. § 2012(u) ); (4) An allowance for essential medical care; and (5) Other necessary items including, but not limited to, transportation, personal care and educational expenses. (b) The department shall deduct from the costs determined in subsection (a) the value of the following: (1) Housing assistance programs; (2) Food coupons or food stamps or food assistance under chapter 5, part 3 of this title; and (3) TennCare or medicaid. (c) The commissioner shall report to the governor and the general assembly no later than October 1 of each year regarding projected annual adjustments to the standard of need necessitated by changes in the costs and benefits described in subsections (a) and (b). The report of the commissioner shall also contain: (1) An estimate of the percentage of the adjusted standard of need that could be paid if the appropriation for the next fiscal year were to remain constant; (2) An estimate of the cost of paying the same percentage of the standard of need considering necessary adjustments in such standard of need; (3) The recommendation of the commissioner as to the percentage of the adjusted standard of need that should be paid in the next fiscal year and the cost of that adjusted standard of need; and (4) Any other relevant information that would be helpful to the governor and the general assembly in making decisions concerning the temporary assistance program. (d) Any amount of earned income in an aid-to-the-blind case, as provided in § 71-4-105 , and any other income required by federal statutes to be exempt in determining need, shall be exempt and shall not be considered as a resource in determining the amount of assistance to be paid to any person under this part. (e) The standard of need for each fiscal year shall be established by rule on July 1 of each year in accordance with subsections (a) and (b). (f) (1) The department of human services shall conduct a temporary assistance client characteristics study at least once every three (3) years. The study shall be conducted either by contract or within the department and shall be completed prior to any review, required by federal regulation, of the temporary assistance standard of need and temporary assistance grant payments. (2) (A) Notwithstanding subdivision (f)(2)(B), the maximum grants for the temporary assistance program, expressed as a percentage of the standard of need, may be raised if approved as a line item in the annual appropriations act or by rule. (B) The maximum standard grant for the temporary assistance program for all assistance group sizes is no less than twenty-five percent (25%) of the standard of need for the applicable assistance group size. (C) The department is authorized to promulgate rules to effectuate this subsection (f) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (3) The department of human services shall conduct a study or engage with a research partner to study the impact and effectiveness of the increase in the maximum standard grant and lifetime maximum benefit timeframe authorized under this act. (g) In determining eligibility under § 71-3-104 , the department shall adopt rules that use the standard of need less any exemption provided by subsection (d) to determine eligibility for amounts of grants. Such rules shall be adopted in a manner in which the maximum amount of child support and other income may be provided to the family and children without loss of grant and medicaid benefits. Amended by 2021 Tenn. Acts, ch. 515, s 7, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 515, s 6, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 789, s 4, eff. 12/1/2018. Acts 1996, ch. 950, § 6; 2010 , ch. 1030, § 19; T.C.A., § 71-3-155.
(a) In determining eligibility under § 71-3-104 for, and amounts of, grants under the temporary assistance program, the department of human services shall adopt rules and regulations establishing a standard of need that reflects the true cost of the following, less any discounts for other sources of assistance provided for in subsection (b): (1) Safe, healthful housing; (2) Minimum clothing for health and decency; (3) A low cost adequate food budget as recommended by the United States department of agriculture's thrifty food plan ( 7 U.S.C. § 2012(u) ); (4) An allowance for essential medical care; and (5) Other necessary items including, but not limited to, transportation, personal care and educational expenses.
(1) Safe, healthful housing;
(2) Minimum clothing for health and decency;
(3) A low cost adequate food budget as recommended by the United States department of agriculture's thrifty food plan ( 7 U.S.C. § 2012(u) );
(4) An allowance for essential medical care; and
(5) Other necessary items including, but not limited to, transportation, personal care and educational expenses.
(b) The department shall deduct from the costs determined in subsection (a) the value of the following: (1) Housing assistance programs; (2) Food coupons or food stamps or food assistance under chapter 5, part 3 of this title; and (3) TennCare or medicaid.
(1) Housing assistance programs;
(2) Food coupons or food stamps or food assistance under chapter 5, part 3 of this title; and
(3) TennCare or medicaid.
(c) The commissioner shall report to the governor and the general assembly no later than October 1 of each year regarding projected annual adjustments to the standard of need necessitated by changes in the costs and benefits described in subsections (a) and (b). The report of the commissioner shall also contain: (1) An estimate of the percentage of the adjusted standard of need that could be paid if the appropriation for the next fiscal year were to remain constant; (2) An estimate of the cost of paying the same percentage of the standard of need considering necessary adjustments in such standard of need; (3) The recommendation of the commissioner as to the percentage of the adjusted standard of need that should be paid in the next fiscal year and the cost of that adjusted standard of need; and (4) Any other relevant information that would be helpful to the governor and the general assembly in making decisions concerning the temporary assistance program.
(1) An estimate of the percentage of the adjusted standard of need that could be paid if the appropriation for the next fiscal year were to remain constant;
(2) An estimate of the cost of paying the same percentage of the standard of need considering necessary adjustments in such standard of need;
(3) The recommendation of the commissioner as to the percentage of the adjusted standard of need that should be paid in the next fiscal year and the cost of that adjusted standard of need; and
(4) Any other relevant information that would be helpful to the governor and the general assembly in making decisions concerning the temporary assistance program.
(d) Any amount of earned income in an aid-to-the-blind case, as provided in § 71-4-105 , and any other income required by federal statutes to be exempt in determining need, shall be exempt and shall not be considered as a resource in determining the amount of assistance to be paid to any person under this part.
(e) The standard of need for each fiscal year shall be established by rule on July 1 of each year in accordance with subsections (a) and (b).
(f) (1) The department of human services shall conduct a temporary assistance client characteristics study at least once every three (3) years. The study shall be conducted either by contract or within the department and shall be completed prior to any review, required by federal regulation, of the temporary assistance standard of need and temporary assistance grant payments. (2) (A) Notwithstanding subdivision (f)(2)(B), the maximum grants for the temporary assistance program, expressed as a percentage of the standard of need, may be raised if approved as a line item in the annual appropriations act or by rule. (B) The maximum standard grant for the temporary assistance program for all assistance group sizes is no less than twenty-five percent (25%) of the standard of need for the applicable assistance group size. (C) The department is authorized to promulgate rules to effectuate this subsection (f) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (3) The department of human services shall conduct a study or engage with a research partner to study the impact and effectiveness of the increase in the maximum standard grant and lifetime maximum benefit timeframe authorized under this act.
(1) The department of human services shall conduct a temporary assistance client characteristics study at least once every three (3) years. The study shall be conducted either by contract or within the department and shall be completed prior to any review, required by federal regulation, of the temporary assistance standard of need and temporary assistance grant payments.
(2) (A) Notwithstanding subdivision (f)(2)(B), the maximum grants for the temporary assistance program, expressed as a percentage of the standard of need, may be raised if approved as a line item in the annual appropriations act or by rule. (B) The maximum standard grant for the temporary assistance program for all assistance group sizes is no less than twenty-five percent (25%) of the standard of need for the applicable assistance group size. (C) The department is authorized to promulgate rules to effectuate this subsection (f) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(A) Notwithstanding subdivision (f)(2)(B), the maximum grants for the temporary assistance program, expressed as a percentage of the standard of need, may be raised if approved as a line item in the annual appropriations act or by rule.
(B) The maximum standard grant for the temporary assistance program for all assistance group sizes is no less than twenty-five percent (25%) of the standard of need for the applicable assistance group size.
(C) The department is authorized to promulgate rules to effectuate this subsection (f) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(3) The department of human services shall conduct a study or engage with a research partner to study the impact and effectiveness of the increase in the maximum standard grant and lifetime maximum benefit timeframe authorized under this act.
(g) In determining eligibility under § 71-3-104 , the department shall adopt rules that use the standard of need less any exemption provided by subsection (d) to determine eligibility for amounts of grants. Such rules shall be adopted in a manner in which the maximum amount of child support and other income may be provided to the family and children without loss of grant and medicaid benefits.
Amended by 2021 Tenn. Acts, ch. 515, s 7, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 515, s 6, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 789, s 4, eff. 12/1/2018.
Acts 1996, ch. 950, § 6; 2010 , ch. 1030, § 19; T.C.A., § 71-3-155.
Tenn. Code Ann. § 71-5-114 — TN Code / Title 71 / Chapter 5 / Section 71-5-114
Subpoena and examination of witnesses
Status: in_force

(a) The appropriate departments have the power to subpoena witnesses, to compel their attendance and the production of papers and writings. (b) The officers and employees designated by the appropriate department may administer oaths and examine witnesses under oath in connection with any application or proceedings under this part. Acts 1968, ch. 551, § 14; T.C.A., §§ 14-1914, 14-23-114.
(a) The appropriate departments have the power to subpoena witnesses, to compel their attendance and the production of papers and writings.
(b) The officers and employees designated by the appropriate department may administer oaths and examine witnesses under oath in connection with any application or proceedings under this part.
Acts 1968, ch. 551, § 14; T.C.A., §§ 14-1914, 14-23-114.
Tenn. Code Ann. § 71-5-2521 — TN Code / Title 71 / Chapter 5 / Section 71-5-2521
Report
Status: in_force

The office of inspector general shall include in its annual report information on the progress of its data mining efforts, including any difficulties encountered in obtaining access to data from either private or government entities, and suggestions for legislative or other solutions. Acts 2006, ch. 1010, § 1.
The office of inspector general shall include in its annual report information on the progress of its data mining efforts, including any difficulties encountered in obtaining access to data from either private or government entities, and suggestions for legislative or other solutions.
Acts 2006, ch. 1010, § 1.
Tenn. Code Ann. § 71-4-810 — TN Code / Title 71 / Chapter 4 / Section 71-4-810
Assets, income and distributions exempt from taxation, garnishment, attachment or assignment
Status: in_force

Notwithstanding any other law to the contrary, all assets, income, and distributions of qualified ABLE programs as defined by the code, this part, or the laws of another state are exempt from any state, county, or municipal tax and shall not be subject to execution, attachment, or garnishment, nor shall any assignment thereof be enforceable in any court. This exemption shall include a qualified ABLE program defined in § 529A of the Internal Revenue Code ( 26 U.S.C. § 529A ), and shall include any properly authorized payments made to or by such funds. Acts 2015 , ch. 470, § 10.
Notwithstanding any other law to the contrary, all assets, income, and distributions of qualified ABLE programs as defined by the code, this part, or the laws of another state are exempt from any state, county, or municipal tax and shall not be subject to execution, attachment, or garnishment, nor shall any assignment thereof be enforceable in any court. This exemption shall include a qualified ABLE program defined in § 529A of the Internal Revenue Code ( 26 U.S.C. § 529A ), and shall include any properly authorized payments made to or by such funds.
Acts 2015 , ch. 470, § 10.
Tenn. Code Ann. § 71-5-2308 — TN Code / Title 71 / Chapter 5 / Section 71-5-2308
Contracts for hospital care
Status: in_force

For the purpose of caring for indigent sick or injured persons, the county legislative bodies are empowered to enter into contract with any reputable hospital for the care and treatment of indigent sick or injured persons, and may make annual contracts with such hospitals for a right, on the part of the county, to the use of one (1) or more beds in the hospital in which the county shall have the right to place patients for hospital treatment to be rendered by the hospital. Acts 1911, ch. 54, § 1; Shan., § 2706a1; Code 1932, § 4823; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1008, 14-20-308.
For the purpose of caring for indigent sick or injured persons, the county legislative bodies are empowered to enter into contract with any reputable hospital for the care and treatment of indigent sick or injured persons, and may make annual contracts with such hospitals for a right, on the part of the county, to the use of one (1) or more beds in the hospital in which the county shall have the right to place patients for hospital treatment to be rendered by the hospital.
Acts 1911, ch. 54, § 1; Shan., § 2706a1; Code 1932, § 4823; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1008, 14-20-308.
Tenn. Code Ann. § 71-3-107 — TN Code / Title 71 / Chapter 3 / Section 71-3-107
Administration and organization - Rulemaking - Notice - Cooperation and review of rules by state entities
Status: in_force

(a) The department shall administer the families first program established by this part. (b) The commissioner has the authority to organize the department in any manner necessary as permitted by law, to establish any necessary county or district or regional offices and to appoint area and district managers and directors in those offices or in the department's state office, and to establish any necessary internal policies and procedures for the proper administration of the families first program and for the provision of temporary assistance, child support, jobs programs and other related support services. (c) From time to time, the commissioner may appoint committees composed of representatives from the public or private sectors, or both, for such purpose and duration as may be deemed appropriate or required. Members of such committees shall be reimbursed for their actual expenses for attending meetings of their respective committees. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (d) The department shall administer the program of economic assistance to families under Titles IV-A ( 42 U.S.C. § 601 et seq.), IV-D ( 42 U.S.C. § 651 et seq.), and IV-F (repealed) of the Social Security Act or related federal laws or regulations as they may continue to exist pursuant to federal statutes and regulations on or after September 1, 1996, and as such program statutes and regulations may be amended, or pursuant to any waivers that are granted by the federal government from those regulations as a result of the enactment of this legislation. (e) Acting in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department shall have rulemaking authority to establish any necessary rules for the administration of this part and shall have rulemaking authority to establish any rules to carry out the requirements of any title or part of any title that the department administers and that are necessary to immediately implement this part to effect any federal legislative changes. (f) The department shall establish by rule the procedures for provision of notice of the eligibility determination to the applicant or recipient as well as the grievance and appeal procedures that are applicable to meet due process. It is the intent of this section that grievance and appeals procedures available pursuant to this part, and of chapter 5, part 12 of this title shall not be more narrow than such procedures available to recipients of assistance upon August 31, 1996. The department shall also establish by rule, administrative procedures through which a recipient shall be granted an extension of temporary assistance, beyond the maximum eighteen-month period and the maximum sixty-month period set forth in § 71-3-104(d) , for "good cause" or based upon the failure of the state to timely provide essential child care, transportation, education or job training services prescribed within the recipient's personal responsibility plan. (g) All other agencies of the state shall cooperate with the department in any manner necessary for the administration of this part. (h) Each governmental entity of the state, directly affected by any permanent rule promulgated by the department of human services to implement this part and of chapter 5, part 12 of this title, shall review such permanent rule not later than fourteen (14) calendar days after the rule is filed with the secretary of state. Prior to such deadline, the affected governmental entity shall submit written comments to the secretary of state for filing with the applicable rule and for distribution to the chair of the government operations committee of the senate and to the chair of the government operations committee of the house of representatives. Such written comments shall include, but not be limited to, a description of the impact of such permanent rule upon the existing rules, policies or procedures of the affected governmental entity. (i) The commissioner of human services shall develop a written plan or statement providing for interagency coordination of services provided under this part and chapter 5, part 12 of this title, which shall include services provided by the departments of human services, education, labor and workforce development, and transportation. Acts 1996, ch. 950, § 8; 1999, ch. 520, § 47; 2000, ch. 981, § 68; 2009, ch. 103, § 2; T.C.A., § 71-3-157.
(a) The department shall administer the families first program established by this part.
(b) The commissioner has the authority to organize the department in any manner necessary as permitted by law, to establish any necessary county or district or regional offices and to appoint area and district managers and directors in those offices or in the department's state office, and to establish any necessary internal policies and procedures for the proper administration of the families first program and for the provision of temporary assistance, child support, jobs programs and other related support services.
(c) From time to time, the commissioner may appoint committees composed of representatives from the public or private sectors, or both, for such purpose and duration as may be deemed appropriate or required. Members of such committees shall be reimbursed for their actual expenses for attending meetings of their respective committees. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) The department shall administer the program of economic assistance to families under Titles IV-A ( 42 U.S.C. § 601 et seq.), IV-D ( 42 U.S.C. § 651 et seq.), and IV-F (repealed) of the Social Security Act or related federal laws or regulations as they may continue to exist pursuant to federal statutes and regulations on or after September 1, 1996, and as such program statutes and regulations may be amended, or pursuant to any waivers that are granted by the federal government from those regulations as a result of the enactment of this legislation.
(e) Acting in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department shall have rulemaking authority to establish any necessary rules for the administration of this part and shall have rulemaking authority to establish any rules to carry out the requirements of any title or part of any title that the department administers and that are necessary to immediately implement this part to effect any federal legislative changes.
(f) The department shall establish by rule the procedures for provision of notice of the eligibility determination to the applicant or recipient as well as the grievance and appeal procedures that are applicable to meet due process. It is the intent of this section that grievance and appeals procedures available pursuant to this part, and of chapter 5, part 12 of this title shall not be more narrow than such procedures available to recipients of assistance upon August 31, 1996. The department shall also establish by rule, administrative procedures through which a recipient shall be granted an extension of temporary assistance, beyond the maximum eighteen-month period and the maximum sixty-month period set forth in § 71-3-104(d) , for "good cause" or based upon the failure of the state to timely provide essential child care, transportation, education or job training services prescribed within the recipient's personal responsibility plan.
(g) All other agencies of the state shall cooperate with the department in any manner necessary for the administration of this part.
(h) Each governmental entity of the state, directly affected by any permanent rule promulgated by the department of human services to implement this part and of chapter 5, part 12 of this title, shall review such permanent rule not later than fourteen (14) calendar days after the rule is filed with the secretary of state. Prior to such deadline, the affected governmental entity shall submit written comments to the secretary of state for filing with the applicable rule and for distribution to the chair of the government operations committee of the senate and to the chair of the government operations committee of the house of representatives. Such written comments shall include, but not be limited to, a description of the impact of such permanent rule upon the existing rules, policies or procedures of the affected governmental entity.
(i) The commissioner of human services shall develop a written plan or statement providing for interagency coordination of services provided under this part and chapter 5, part 12 of this title, which shall include services provided by the departments of human services, education, labor and workforce development, and transportation.
Acts 1996, ch. 950, § 8; 1999, ch. 520, § 47; 2000, ch. 981, § 68; 2009, ch. 103, § 2; T.C.A., § 71-3-157.
Tenn. Code Ann. § 71-5-707 — TN Code / Title 71 / Chapter 5 / Section 71-5-707
Employment requirements
Status: in_force

The director shall ensure that, for the purpose of the buy-in program, a person is considered to be employed if the person: (1) Gets paid for working; (2) Has earnings that are subject to federal income tax; and (3) Unless the person is self-employed, has payroll taxes deducted from earnings received. Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
The director shall ensure that, for the purpose of the buy-in program, a person is considered to be employed if the person:
(1) Gets paid for working;
(2) Has earnings that are subject to federal income tax; and
(3) Unless the person is self-employed, has payroll taxes deducted from earnings received.
Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
Tenn. Code Ann. § 71-5-402 — TN Code / Title 71 / Chapter 5 / Section 71-5-402
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, § 8; T.C.A., § 71-5-403.
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, § 8; T.C.A., § 71-5-403.
Tenn. Code Ann. § 71-2-103 — TN Code / Title 71 / Chapter 2 / Section 71-2-103
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Acts 1981, ch. 428, § 4; 1982, ch. 834, § 4; T.C.A., § 14-6-103; Acts 2001, ch. 397, § 4.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 4; 1982, ch. 834, § 4; T.C.A., § 14-6-103; Acts 2001, ch. 397, § 4.
Tenn. Code Ann. § 71-5-2518 — TN Code / Title 71 / Chapter 5 / Section 71-5-2518
Rules and regulations
Status: in_force

The inspector general shall have authority to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as are necessary to implement §§ 71-5-2513 - 71-5-2521. The rules shall be promulgated as emergency rules. The inspector general is designated as the agency person to review initial orders and issue final agency orders pursuant to the Uniform Administrative Procedures Act. Acts 2006, ch. 1010, § 1; 2009, ch. 566, § 12.
The inspector general shall have authority to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as are necessary to implement §§ 71-5-2513 - 71-5-2521. The rules shall be promulgated as emergency rules. The inspector general is designated as the agency person to review initial orders and issue final agency orders pursuant to the Uniform Administrative Procedures Act.
Acts 2006, ch. 1010, § 1; 2009, ch. 566, § 12.
Tenn. Code Ann. § 71-5-2105 — TN Code / Title 71 / Chapter 5 / Section 71-5-2105
Powers of commissioners
Status: in_force

In the management of the asylum, the commissioners have the power to: (1) Prescribe rules and regulations for the management of the farm and for the treatment of the inmates of the asylum, and modify and change them at pleasure; (2) Prescribe the manner in which the inmates shall live, sleep, be clothed, and labor, if any of them are able to labor; (3) Appoint a suitable superintendent of the asylum; (4) Take from the superintendent a bond, with sufficient surety, in the penalty of five hundred dollars ($500), payable to the state, conditioned for the performance of such superintendent's duties; (5) Cause the superintendent to subscribe an oath, to be written on the back of the bond; and (6) Deliver the bond to the clerk of the county legislative body, to be preserved among the files of the clerk's office relating to the asylum. Code 1858, § 1608 (deriv. Acts 1827 Private, ch. 112, § 6); Shan., § 2692; Code 1932, § 4809; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-805, 14-20-105.
In the management of the asylum, the commissioners have the power to:
(1) Prescribe rules and regulations for the management of the farm and for the treatment of the inmates of the asylum, and modify and change them at pleasure;
(2) Prescribe the manner in which the inmates shall live, sleep, be clothed, and labor, if any of them are able to labor;
(3) Appoint a suitable superintendent of the asylum;
(4) Take from the superintendent a bond, with sufficient surety, in the penalty of five hundred dollars ($500), payable to the state, conditioned for the performance of such superintendent's duties;
(5) Cause the superintendent to subscribe an oath, to be written on the back of the bond; and
(6) Deliver the bond to the clerk of the county legislative body, to be preserved among the files of the clerk's office relating to the asylum.
Code 1858, § 1608 (deriv. Acts 1827 Private, ch. 112, § 6); Shan., § 2692; Code 1932, § 4809; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-805, 14-20-105.
Tenn. Code Ann. § 71-2-411 — TN Code / Title 71 / Chapter 2 / Section 71-2-411
Compliance
Status: in_force

Each adult day care center that files an affidavit with the department as of January 1, 1997, certifying that such facility is in existence and in operation shall have two (2) years to fully comply with this part. Acts 1996, ch. 1058, § 14; T.C.A., § 71-2-413 ; Acts 2000, ch. 981, § 72.
Each adult day care center that files an affidavit with the department as of January 1, 1997, certifying that such facility is in existence and in operation shall have two (2) years to fully comply with this part.
Acts 1996, ch. 1058, § 14; T.C.A., § 71-2-413 ; Acts 2000, ch. 981, § 72.
Tenn. Code Ann. § 71-4-813 — TN Code / Title 71 / Chapter 4 / Section 71-4-813
Death of beneficiary - Prohibited government actions
Status: in_force

(a) Following the death of an individual who is the designated beneficiary of a qualified ABLE account established under § 71-4-804(b) , the state shall not: (1) Seek recovery of an account balance remaining in the designated beneficiary's account for medical assistance paid to or on behalf of the designated beneficiary on or after the date the participation agreement was entered into and the account was established for the designated beneficiary, except as required by federal law; or (2) File a claim for payment under § 529A(f) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 529A ). (b) Subsection (a) applies to the extent permitted pursuant to federal law, including § 529A of the Internal Revenue Code of 1986 ( 26 U.S.C. § 529A ). Added by 2023 Tenn. Acts, ch. 44, s 1, eff. 3/14/2023.
(a) Following the death of an individual who is the designated beneficiary of a qualified ABLE account established under § 71-4-804(b) , the state shall not: (1) Seek recovery of an account balance remaining in the designated beneficiary's account for medical assistance paid to or on behalf of the designated beneficiary on or after the date the participation agreement was entered into and the account was established for the designated beneficiary, except as required by federal law; or (2) File a claim for payment under § 529A(f) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 529A ).
(1) Seek recovery of an account balance remaining in the designated beneficiary's account for medical assistance paid to or on behalf of the designated beneficiary on or after the date the participation agreement was entered into and the account was established for the designated beneficiary, except as required by federal law; or
(2) File a claim for payment under § 529A(f) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 529A ).
(b) Subsection (a) applies to the extent permitted pursuant to federal law, including § 529A of the Internal Revenue Code of 1986 ( 26 U.S.C. § 529A ).
Added by 2023 Tenn. Acts, ch. 44, s 1, eff. 3/14/2023.
Tenn. Code Ann. § 71-5-2515 — TN Code / Title 71 / Chapter 5 / Section 71-5-2515
Data provided to the inspector general
Status: in_force

All persons and entities under contract with the TennCare bureau or its agent or designee, including, but not limited to, all managed care organizations, benefit managers, and other managed care contractors, shall promptly provide to the office of inspector general, on request: (1) A copy of, or access to, the same data regularly provided to the bureau in the normal course of business, and in the same format, unless otherwise agreed by the inspector general in writing; and (2) Access to additional TennCare related data or records that may be requested by the inspector general; provided, that, if the data is not easily separated from non-TennCare related data, then all the data shall be provided as necessary to provide meaningful access to the TennCare related data. Acts 2006, ch. 1010, § 1.
All persons and entities under contract with the TennCare bureau or its agent or designee, including, but not limited to, all managed care organizations, benefit managers, and other managed care contractors, shall promptly provide to the office of inspector general, on request:
(1) A copy of, or access to, the same data regularly provided to the bureau in the normal course of business, and in the same format, unless otherwise agreed by the inspector general in writing; and
(2) Access to additional TennCare related data or records that may be requested by the inspector general; provided, that, if the data is not easily separated from non-TennCare related data, then all the data shall be provided as necessary to provide meaningful access to the TennCare related data.
Acts 2006, ch. 1010, § 1.
Tenn. Code Ann. § 71-4-2109 — TN Code / Title 71 / Chapter 4 / Section 71-4-2109
Authorization for other agencies to supply services
Status: in_force

The governor is authorized to designate existing departments of state government, or divisions of state government, to provide statewide services to the deaf, deaf-blind, and hard of hearing as specified in this part. Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013. Acts 1978, ch. 889, § 9; T.C.A., §§ 14-2509, 14-18-109; Acts 2001, ch. 174, § 20.
The governor is authorized to designate existing departments of state government, or divisions of state government, to provide statewide services to the deaf, deaf-blind, and hard of hearing as specified in this part.
Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013.
Acts 1978, ch. 889, § 9; T.C.A., §§ 14-2509, 14-18-109; Acts 2001, ch. 174, § 20.
Tenn. Code Ann. § 71-2-406 — TN Code / Title 71 / Chapter 2 / Section 71-2-406
Revocation of license
Status: in_force

(a) If, during the period of any license issued by the department, it determines that the license issued to the adult day care center should be revoked because of a failure to comply with the standards of this part or the regulations adopted pursuant to this part for the operation of such a center, the department may, after notice and an opportunity to show compliance with all lawful requirements for retention of the license, revoke such license upon sixty (60) days' notice to the licensee or other person responsible for the day to day operation of the adult day care center. (b) (1) A license may be summarily suspended by the department if, pursuant to § 4-5-320 , the department finds in its summary suspension order that the public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, and that the order states what action must be taken by the licensee to immediately effect compliance with the licensing standards. (2) The summary suspension order shall be reviewed by a hearing officer appointed by the commissioner within five (5) working days of the suspension order, excluding Saturdays, Sundays and legal holidays, who shall make a written determination of whether probable cause exists for continuance of the suspension order after opportunity for response and an informal hearing before such officer by the licensee. (3) The department shall adopt such other rules as may be necessary to provide due process procedures involving the licensing of adult day care centers that are consistent with law, and to accomplish the revocation, denial and suspension of license procedures as may be required by this part. Acts 1996, ch. 1058, § 7.
(a) If, during the period of any license issued by the department, it determines that the license issued to the adult day care center should be revoked because of a failure to comply with the standards of this part or the regulations adopted pursuant to this part for the operation of such a center, the department may, after notice and an opportunity to show compliance with all lawful requirements for retention of the license, revoke such license upon sixty (60) days' notice to the licensee or other person responsible for the day to day operation of the adult day care center.
(b) (1) A license may be summarily suspended by the department if, pursuant to § 4-5-320 , the department finds in its summary suspension order that the public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, and that the order states what action must be taken by the licensee to immediately effect compliance with the licensing standards. (2) The summary suspension order shall be reviewed by a hearing officer appointed by the commissioner within five (5) working days of the suspension order, excluding Saturdays, Sundays and legal holidays, who shall make a written determination of whether probable cause exists for continuance of the suspension order after opportunity for response and an informal hearing before such officer by the licensee. (3) The department shall adopt such other rules as may be necessary to provide due process procedures involving the licensing of adult day care centers that are consistent with law, and to accomplish the revocation, denial and suspension of license procedures as may be required by this part.
(1) A license may be summarily suspended by the department if, pursuant to § 4-5-320 , the department finds in its summary suspension order that the public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, and that the order states what action must be taken by the licensee to immediately effect compliance with the licensing standards.
(2) The summary suspension order shall be reviewed by a hearing officer appointed by the commissioner within five (5) working days of the suspension order, excluding Saturdays, Sundays and legal holidays, who shall make a written determination of whether probable cause exists for continuance of the suspension order after opportunity for response and an informal hearing before such officer by the licensee.
(3) The department shall adopt such other rules as may be necessary to provide due process procedures involving the licensing of adult day care centers that are consistent with law, and to accomplish the revocation, denial and suspension of license procedures as may be required by this part.
Acts 1996, ch. 1058, § 7.
Tenn. Code Ann. § 71-6-112 — TN Code / Title 71 / Chapter 6 / Section 71-6-112
Funding
Status: in_force

The cost of the administration of this part and the provision of the services hereby authorized shall be limited to the amount of funds specifically appropriated for such purposes by the general assembly. Acts 1978, ch. 899, § 1; T.C.A., §§ 14-2612, 14-25-112.
The cost of the administration of this part and the provision of the services hereby authorized shall be limited to the amount of funds specifically appropriated for such purposes by the general assembly.
Acts 1978, ch. 899, § 1; T.C.A., §§ 14-2612, 14-25-112.
Tenn. Code Ann. § 71-6-120 — TN Code / Title 71 / Chapter 6 / Section 71-6-120
Right of elderly person or disabled adult to recover for abuse or neglect, sexual abuse, exploitation, or theft
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Capacity to consent" means the mental ability to make a rational decision, which includes the ability to perceive, appreciate all relevant facts and to reach a rational judgment upon such facts; or to make and carry out reasonable decisions concerning the person or the person's resources; or to protect the person from neglect, or hazardous or abusive situations without assistance; (2) "Disabled adult" means a person who is eighteen (18) years of age or older and who meets one (1) of the following: (A) Has some impairment of body or mind that makes the person unfit to work at any substantially remunerative employment; (B) Lacks the capacity to consent; (C) Has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons; or (D) Has been found to be incompetent by a court of proper jurisdiction; and (3) "Elderly person" or "elder" means a person who is sixty (60) years of age or older who has some mental or physical dysfunctioning, including any resulting from age. (b) In addition to other remedies provided by law, an elderly person or disabled adult in that person's own right, or by conservator or next friend, has a right of recovery in a civil action for compensatory damages for abuse or neglect; sexual abuse or exploitation, as defined in this part; theft of such person's or adult's money or property whether by fraud, deceit, coercion, or otherwise; or abuse or neglect, sexual abuse, or financial exploitation, as those terms are defined in § 31-4-106 , by a caretaker. Such right of action against a wrongdoer must not abate or be extinguished by the death of the elderly person or disabled adult, but must pass as provided in § 20-5-106 , unless the alleged wrongdoer is a family member, in which case the cause of action must pass to the victim's personal representative; provided, that, if the personal representative is the alleged wrongdoer, then it must pass to any interested party that is not the alleged wrongdoer. (c) Jurisdiction for such action shall be in the circuit or chancery court where the elderly person or disabled adult may reside or where the actions occurred. (d) Damages include compensatory damages and costs where it is proven that a defendant is liable for abuse or neglect; sexual abuse or exploitation, as defined in this part; for theft of such elderly person's or disabled adult's money or property whether by fraud, deceit, coercion or otherwise; or for abuse or neglect, sexual abuse, or financial exploitation, as those terms are defined in § 31-4-106 , by a caretaker. Costs include reasonable expenses and reasonable attorney's fees. As part of any judgment, the court may declare void and unenforceable any marriage proven to have been entered into as part of a scheme to commit abuse or neglect, sexual abuse or exploitation as defined in this part, or theft of such elderly person's or disabled adult's money or property whether by fraud, deceit, coercion, or otherwise. (e) In addition to the damages described in (d), a defendant may also be found liable for punitive damages in accordance with applicable common law standards. (f) Nothing in this section shall be construed as requiring the department of human services to initiate any proceedings pursuant to this section or to act on behalf of any elderly person or disabled adult subject to this section. (g) This section shall not apply to a cause of action within the scope of title 29, chapter 26; such cause of action shall be governed solely by title 29, chapter 26. (h) A financial institution, officer, director, or employee of a financial institution, shall not be liable in any civil action brought by or on behalf of a disabled adult or elderly person for recovery of damages under this chapter, unless prior to such civil action, the financial institution, officer, director, or employee of a financial institution, shall have been convicted of a violation of § 39-15-502 ; provided, however, that this provision shall not apply to theft or conversion by an employee, officer or director of a financial institution or liability arising under other law. (i) In any will or estate contest provided under title 30, 31, or 32 or in any proceeding contesting the validity of any gifts, bequests, or other transactions, a caretaker found liable under subsection (b) is in a per se confidential relationship with the elderly person or disabled adult so as to raise the presumption of undue influence requiring the caretaker to prove by clear and convincing evidence that the challenged bequest was fair. Amended by 2024 Tenn. Acts, ch. 772,s 5, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 772,s 4, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 772,s 3, eff. 4/23/2024. Amended by 2017 Tenn. Acts, ch. 466, s 6, eff. 7/1/2017. Acts 1999, ch. 247, § 1; 2000, ch. 768, §§ 1 - 3; 2004, ch. 780, § 5.
(a) As used in this section, unless the context otherwise requires: (1) "Capacity to consent" means the mental ability to make a rational decision, which includes the ability to perceive, appreciate all relevant facts and to reach a rational judgment upon such facts; or to make and carry out reasonable decisions concerning the person or the person's resources; or to protect the person from neglect, or hazardous or abusive situations without assistance; (2) "Disabled adult" means a person who is eighteen (18) years of age or older and who meets one (1) of the following: (A) Has some impairment of body or mind that makes the person unfit to work at any substantially remunerative employment; (B) Lacks the capacity to consent; (C) Has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons; or (D) Has been found to be incompetent by a court of proper jurisdiction; and (3) "Elderly person" or "elder" means a person who is sixty (60) years of age or older who has some mental or physical dysfunctioning, including any resulting from age.
(1) "Capacity to consent" means the mental ability to make a rational decision, which includes the ability to perceive, appreciate all relevant facts and to reach a rational judgment upon such facts; or to make and carry out reasonable decisions concerning the person or the person's resources; or to protect the person from neglect, or hazardous or abusive situations without assistance;
(2) "Disabled adult" means a person who is eighteen (18) years of age or older and who meets one (1) of the following: (A) Has some impairment of body or mind that makes the person unfit to work at any substantially remunerative employment; (B) Lacks the capacity to consent; (C) Has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons; or (D) Has been found to be incompetent by a court of proper jurisdiction; and
(A) Has some impairment of body or mind that makes the person unfit to work at any substantially remunerative employment;
(B) Lacks the capacity to consent;
(C) Has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons; or
(D) Has been found to be incompetent by a court of proper jurisdiction; and
(3) "Elderly person" or "elder" means a person who is sixty (60) years of age or older who has some mental or physical dysfunctioning, including any resulting from age.
(b) In addition to other remedies provided by law, an elderly person or disabled adult in that person's own right, or by conservator or next friend, has a right of recovery in a civil action for compensatory damages for abuse or neglect; sexual abuse or exploitation, as defined in this part; theft of such person's or adult's money or property whether by fraud, deceit, coercion, or otherwise; or abuse or neglect, sexual abuse, or financial exploitation, as those terms are defined in § 31-4-106 , by a caretaker. Such right of action against a wrongdoer must not abate or be extinguished by the death of the elderly person or disabled adult, but must pass as provided in § 20-5-106 , unless the alleged wrongdoer is a family member, in which case the cause of action must pass to the victim's personal representative; provided, that, if the personal representative is the alleged wrongdoer, then it must pass to any interested party that is not the alleged wrongdoer.
(c) Jurisdiction for such action shall be in the circuit or chancery court where the elderly person or disabled adult may reside or where the actions occurred.
(d) Damages include compensatory damages and costs where it is proven that a defendant is liable for abuse or neglect; sexual abuse or exploitation, as defined in this part; for theft of such elderly person's or disabled adult's money or property whether by fraud, deceit, coercion or otherwise; or for abuse or neglect, sexual abuse, or financial exploitation, as those terms are defined in § 31-4-106 , by a caretaker. Costs include reasonable expenses and reasonable attorney's fees. As part of any judgment, the court may declare void and unenforceable any marriage proven to have been entered into as part of a scheme to commit abuse or neglect, sexual abuse or exploitation as defined in this part, or theft of such elderly person's or disabled adult's money or property whether by fraud, deceit, coercion, or otherwise.
(e) In addition to the damages described in (d), a defendant may also be found liable for punitive damages in accordance with applicable common law standards.
(f) Nothing in this section shall be construed as requiring the department of human services to initiate any proceedings pursuant to this section or to act on behalf of any elderly person or disabled adult subject to this section.
(g) This section shall not apply to a cause of action within the scope of title 29, chapter 26; such cause of action shall be governed solely by title 29, chapter 26.
(h) A financial institution, officer, director, or employee of a financial institution, shall not be liable in any civil action brought by or on behalf of a disabled adult or elderly person for recovery of damages under this chapter, unless prior to such civil action, the financial institution, officer, director, or employee of a financial institution, shall have been convicted of a violation of § 39-15-502 ; provided, however, that this provision shall not apply to theft or conversion by an employee, officer or director of a financial institution or liability arising under other law.
(i) In any will or estate contest provided under title 30, 31, or 32 or in any proceeding contesting the validity of any gifts, bequests, or other transactions, a caretaker found liable under subsection (b) is in a per se confidential relationship with the elderly person or disabled adult so as to raise the presumption of undue influence requiring the caretaker to prove by clear and convincing evidence that the challenged bequest was fair.
Amended by 2024 Tenn. Acts, ch. 772,s 5, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 772,s 4, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 772,s 3, eff. 4/23/2024.
Amended by 2017 Tenn. Acts, ch. 466, s 6, eff. 7/1/2017.
Acts 1999, ch. 247, § 1; 2000, ch. 768, §§ 1 - 3; 2004, ch. 780, § 5.
Tenn. Code Ann. § 71-4-1210 — TN Code / Title 71 / Chapter 4 / Section 71-4-1210
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, § 2.
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, § 2.