Tenn. Code Ann. § 71-5-154 — TN Code / Title 71 / Chapter 5 / Section 71-5-154
Annual report relating to coverage of mental health treatment
Status: in_force

(a) Every managed care organization that participates in the TennCare program shall submit an annual report to the bureau of TennCare on or before March 1 of each year that contains the following information for enrollees in the TennCare program: (1) The frequency with which the managed care organization required prior authorization for all prescribed procedures, services, or medications for mental health and alcoholism or drug dependence benefits during the previous calendar year and the frequency with which the managed care organization required prior authorization for all prescribed procedures, services, or medications for medical and surgical benefits during the previous calendar year. Managed care organizations must submit this information separately for inpatient benefits, outpatient benefits, emergency care benefits, and prescription drug benefits. Frequency shall be expressed as a percentage, with total prescribed procedures, services, or medications within each classification of benefits as the denominator and the overall number of times prior authorization was required for any prescribed procedures, services, or medications within each corresponding classification of benefits as the numerator; (2) A description of the process used to develop or select the medical necessity criteria for mental health and alcoholism or drug dependence benefits and the process used to develop or select the medical necessity criteria for medical and surgical benefits; (3) Identification of all non-quantitative treatment limitations (NQTLs) that are applied to both mental health and alcoholism or drug dependence benefits and medical and surgical benefits. There may be no separate NQTLs that apply to mental health and alcohol or drug dependence benefits but do not apply to medical and surgical benefits within any classification of benefits; (4) The results of an analysis that demonstrates that for the medical necessity criteria described in subdivision (a)(2) and for each NQTL identified in subdivision (a)(3), as written and in operation, the processes, strategies, evidentiary standards, or other factors used to apply the medical necessity criteria and each NQTL to mental health and alcoholism or drug dependence benefits are comparable to, and are applied no more stringently than the processes, strategies, evidentiary standards, or other factors used to apply the medical necessity criteria and each NQTL, as written and in operation, to medical and surgical benefits. At a minimum, the results of the analysis shall: (A) Identify the factors used to determine that an NQTL will apply to a benefit, including factors that were considered but rejected; (B) Identify and define the specific evidentiary standards used to define the factors and any other evidentiary standards relied upon in designing each NQTL; (C) Identify and describe methods and analyses used, including the results of the analyses, to determine that the processes and strategies used to design each NQTL as written for mental health and alcoholism or drug dependence benefits are comparable to and no more stringent than the processes and strategies used to design each NQTL as written for medical and surgical benefits; (D) Identify and describe the methods and analyses used, including the results of the analyses, to determine that processes and strategies used to apply each NQTL in operation for mental health and alcoholism or drug dependence benefits are comparable to and no more stringent than the processes or strategies used to apply each NQTL in operation for medical and surgical benefits; and (E) Disclose the specific findings and conclusions reached by the managed care organization demonstrating that the results of the analyses required by this subdivision (a)(4) indicate that the insurer or entity is in compliance with this section and the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Pub. L. No. 110-343) and its implementing regulations, which include 42 CFR 438.900 , 42 CFR 438.905 , 42 CFR 438.910 , 42 CFR 438.915 , 42 CFR 438.920 , and 42 CFR 438.930 and any other relevant current or future rules; (5) The rates of and reasons for denial of claims for inpatient, outpatient, prescription drugs, and emergency mental health and alcoholism or drug dependence services during the previous calendar year compared to the rates of, and reasons for, denial of claims in those same classifications of benefits for medical and surgical services during the previous calendar year; and (6) A certification signed by the managed care organization's chief executive officer and chief medical officer that affirms that the managed care organization has completed a comprehensive review of its administrative practices for the prior calendar year for compliance with this section and the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Pub. L. No. 110-343). (b) The bureau of TennCare shall monitor managed care organization claims denials for mental health and alcoholism or drug dependence benefits on the grounds of medical necessity within each classification of benefits among inpatient benefits, outpatient benefits, prescription drugs, and emergency care. The bureau of TennCare shall study and compare denial rates among each managed care organization and shall request additional data if significant discrepancies in denial rates are found. Added by 2017 Tenn. Acts, ch. 19 22 1, Secs.s 4 eff. 12/1/2017.
(a) Every managed care organization that participates in the TennCare program shall submit an annual report to the bureau of TennCare on or before March 1 of each year that contains the following information for enrollees in the TennCare program: (1) The frequency with which the managed care organization required prior authorization for all prescribed procedures, services, or medications for mental health and alcoholism or drug dependence benefits during the previous calendar year and the frequency with which the managed care organization required prior authorization for all prescribed procedures, services, or medications for medical and surgical benefits during the previous calendar year. Managed care organizations must submit this information separately for inpatient benefits, outpatient benefits, emergency care benefits, and prescription drug benefits. Frequency shall be expressed as a percentage, with total prescribed procedures, services, or medications within each classification of benefits as the denominator and the overall number of times prior authorization was required for any prescribed procedures, services, or medications within each corresponding classification of benefits as the numerator; (2) A description of the process used to develop or select the medical necessity criteria for mental health and alcoholism or drug dependence benefits and the process used to develop or select the medical necessity criteria for medical and surgical benefits; (3) Identification of all non-quantitative treatment limitations (NQTLs) that are applied to both mental health and alcoholism or drug dependence benefits and medical and surgical benefits. There may be no separate NQTLs that apply to mental health and alcohol or drug dependence benefits but do not apply to medical and surgical benefits within any classification of benefits; (4) The results of an analysis that demonstrates that for the medical necessity criteria described in subdivision (a)(2) and for each NQTL identified in subdivision (a)(3), as written and in operation, the processes, strategies, evidentiary standards, or other factors used to apply the medical necessity criteria and each NQTL to mental health and alcoholism or drug dependence benefits are comparable to, and are applied no more stringently than the processes, strategies, evidentiary standards, or other factors used to apply the medical necessity criteria and each NQTL, as written and in operation, to medical and surgical benefits. At a minimum, the results of the analysis shall: (A) Identify the factors used to determine that an NQTL will apply to a benefit, including factors that were considered but rejected; (B) Identify and define the specific evidentiary standards used to define the factors and any other evidentiary standards relied upon in designing each NQTL; (C) Identify and describe methods and analyses used, including the results of the analyses, to determine that the processes and strategies used to design each NQTL as written for mental health and alcoholism or drug dependence benefits are comparable to and no more stringent than the processes and strategies used to design each NQTL as written for medical and surgical benefits; (D) Identify and describe the methods and analyses used, including the results of the analyses, to determine that processes and strategies used to apply each NQTL in operation for mental health and alcoholism or drug dependence benefits are comparable to and no more stringent than the processes or strategies used to apply each NQTL in operation for medical and surgical benefits; and (E) Disclose the specific findings and conclusions reached by the managed care organization demonstrating that the results of the analyses required by this subdivision (a)(4) indicate that the insurer or entity is in compliance with this section and the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Pub. L. No. 110-343) and its implementing regulations, which include 42 CFR 438.900 , 42 CFR 438.905 , 42 CFR 438.910 , 42 CFR 438.915 , 42 CFR 438.920 , and 42 CFR 438.930 and any other relevant current or future rules; (5) The rates of and reasons for denial of claims for inpatient, outpatient, prescription drugs, and emergency mental health and alcoholism or drug dependence services during the previous calendar year compared to the rates of, and reasons for, denial of claims in those same classifications of benefits for medical and surgical services during the previous calendar year; and (6) A certification signed by the managed care organization's chief executive officer and chief medical officer that affirms that the managed care organization has completed a comprehensive review of its administrative practices for the prior calendar year for compliance with this section and the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Pub. L. No. 110-343).
(1) The frequency with which the managed care organization required prior authorization for all prescribed procedures, services, or medications for mental health and alcoholism or drug dependence benefits during the previous calendar year and the frequency with which the managed care organization required prior authorization for all prescribed procedures, services, or medications for medical and surgical benefits during the previous calendar year. Managed care organizations must submit this information separately for inpatient benefits, outpatient benefits, emergency care benefits, and prescription drug benefits. Frequency shall be expressed as a percentage, with total prescribed procedures, services, or medications within each classification of benefits as the denominator and the overall number of times prior authorization was required for any prescribed procedures, services, or medications within each corresponding classification of benefits as the numerator;
(2) A description of the process used to develop or select the medical necessity criteria for mental health and alcoholism or drug dependence benefits and the process used to develop or select the medical necessity criteria for medical and surgical benefits;
(3) Identification of all non-quantitative treatment limitations (NQTLs) that are applied to both mental health and alcoholism or drug dependence benefits and medical and surgical benefits. There may be no separate NQTLs that apply to mental health and alcohol or drug dependence benefits but do not apply to medical and surgical benefits within any classification of benefits;
(4) The results of an analysis that demonstrates that for the medical necessity criteria described in subdivision (a)(2) and for each NQTL identified in subdivision (a)(3), as written and in operation, the processes, strategies, evidentiary standards, or other factors used to apply the medical necessity criteria and each NQTL to mental health and alcoholism or drug dependence benefits are comparable to, and are applied no more stringently than the processes, strategies, evidentiary standards, or other factors used to apply the medical necessity criteria and each NQTL, as written and in operation, to medical and surgical benefits. At a minimum, the results of the analysis shall: (A) Identify the factors used to determine that an NQTL will apply to a benefit, including factors that were considered but rejected; (B) Identify and define the specific evidentiary standards used to define the factors and any other evidentiary standards relied upon in designing each NQTL; (C) Identify and describe methods and analyses used, including the results of the analyses, to determine that the processes and strategies used to design each NQTL as written for mental health and alcoholism or drug dependence benefits are comparable to and no more stringent than the processes and strategies used to design each NQTL as written for medical and surgical benefits; (D) Identify and describe the methods and analyses used, including the results of the analyses, to determine that processes and strategies used to apply each NQTL in operation for mental health and alcoholism or drug dependence benefits are comparable to and no more stringent than the processes or strategies used to apply each NQTL in operation for medical and surgical benefits; and (E) Disclose the specific findings and conclusions reached by the managed care organization demonstrating that the results of the analyses required by this subdivision (a)(4) indicate that the insurer or entity is in compliance with this section and the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Pub. L. No. 110-343) and its implementing regulations, which include 42 CFR 438.900 , 42 CFR 438.905 , 42 CFR 438.910 , 42 CFR 438.915 , 42 CFR 438.920 , and 42 CFR 438.930 and any other relevant current or future rules;
(A) Identify the factors used to determine that an NQTL will apply to a benefit, including factors that were considered but rejected;
(B) Identify and define the specific evidentiary standards used to define the factors and any other evidentiary standards relied upon in designing each NQTL;
(C) Identify and describe methods and analyses used, including the results of the analyses, to determine that the processes and strategies used to design each NQTL as written for mental health and alcoholism or drug dependence benefits are comparable to and no more stringent than the processes and strategies used to design each NQTL as written for medical and surgical benefits;
(D) Identify and describe the methods and analyses used, including the results of the analyses, to determine that processes and strategies used to apply each NQTL in operation for mental health and alcoholism or drug dependence benefits are comparable to and no more stringent than the processes or strategies used to apply each NQTL in operation for medical and surgical benefits; and
(E) Disclose the specific findings and conclusions reached by the managed care organization demonstrating that the results of the analyses required by this subdivision (a)(4) indicate that the insurer or entity is in compliance with this section and the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Pub. L. No. 110-343) and its implementing regulations, which include 42 CFR 438.900 , 42 CFR 438.905 , 42 CFR 438.910 , 42 CFR 438.915 , 42 CFR 438.920 , and 42 CFR 438.930 and any other relevant current or future rules;
(5) The rates of and reasons for denial of claims for inpatient, outpatient, prescription drugs, and emergency mental health and alcoholism or drug dependence services during the previous calendar year compared to the rates of, and reasons for, denial of claims in those same classifications of benefits for medical and surgical services during the previous calendar year; and
(6) A certification signed by the managed care organization's chief executive officer and chief medical officer that affirms that the managed care organization has completed a comprehensive review of its administrative practices for the prior calendar year for compliance with this section and the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Pub. L. No. 110-343).
(b) The bureau of TennCare shall monitor managed care organization claims denials for mental health and alcoholism or drug dependence benefits on the grounds of medical necessity within each classification of benefits among inpatient benefits, outpatient benefits, prescription drugs, and emergency care. The bureau of TennCare shall study and compare denial rates among each managed care organization and shall request additional data if significant discrepancies in denial rates are found.
Added by 2017 Tenn. Acts, ch. 19
22
1, Secs.s 4 eff. 12/1/2017.
Tenn. Code Ann. § 71-2-109 — TN Code / Title 71 / Chapter 2 / Section 71-2-109
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Acts 1989, ch. 353, § 1; T.C.A., § 71-2-111 ; Acts 2001, ch. 397, § 10.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1989, ch. 353, § 1; T.C.A., § 71-2-111 ; Acts 2001, ch. 397, § 10.
Tenn. Code Ann. § 71-3-110 — TN Code / Title 71 / Chapter 3 / Section 71-3-110
Distribution system
Status: in_force

The commissioner of human services has the authority to establish a system for distribution of any benefits provided by this part, or under the continued provisions of federal law and regulations as provided under § 71-3-108 , by means of electronic benefits transfer system and to contract with public or private entities to provide any services necessary to carry out such provision as the commissioner shall determine is appropriate. Amended by 2013 Tenn. Acts, ch. 402,s 3, eff. 5/14/2013. Acts 1996, ch. 950, § 11; T.C.A., § 71-3-160.
The commissioner of human services has the authority to establish a system for distribution of any benefits provided by this part, or under the continued provisions of federal law and regulations as provided under § 71-3-108 , by means of electronic benefits transfer system and to contract with public or private entities to provide any services necessary to carry out such provision as the commissioner shall determine is appropriate.
Amended by 2013 Tenn. Acts, ch. 402,s 3, eff. 5/14/2013.
Acts 1996, ch. 950, § 11; T.C.A., § 71-3-160.
Tenn. Code Ann. § 71-4-503 — TN Code / Title 71 / Chapter 4 / Section 71-4-503
Vending facilities on public property - Priority - Establishment
Status: in_force

(a) Whenever any new buildings or other facilities are to be constructed by the state or on any other public property or when any existing contracts expire or are changed in any way, the department shall be notified and it shall promptly make an investigation and survey of the public property to determine if, in its judgment, the location is suitable for one (1) or more vending facilities. If, in the department's judgment, the location is suitable for a vending facility, the department may exercise its priority to establish such a vending facility. (b) If the department exercises the priority under this part, it shall have the right to establish such a vending facility, and it shall provide the necessary alterations, plumbing and electrical services, the necessary equipment, merchandise, a licensed or temporary manager, and the appropriate supervision of the manager. The public property management shall cooperate with the department in whatever manner necessary in order for it to carry out this part. The space for the vending facilities and utilities shall be provided at no cost; provided, that the cost of telephone service shall not be the responsibility of the public property management. In cafeteria operations, the licensed or temporary manager may be required to pay a percentage of sales to the public property management in accordance with agreements negotiated between the department and the public property management. Acts 1994, ch. 723, § 2.
(a) Whenever any new buildings or other facilities are to be constructed by the state or on any other public property or when any existing contracts expire or are changed in any way, the department shall be notified and it shall promptly make an investigation and survey of the public property to determine if, in its judgment, the location is suitable for one (1) or more vending facilities. If, in the department's judgment, the location is suitable for a vending facility, the department may exercise its priority to establish such a vending facility.
(b) If the department exercises the priority under this part, it shall have the right to establish such a vending facility, and it shall provide the necessary alterations, plumbing and electrical services, the necessary equipment, merchandise, a licensed or temporary manager, and the appropriate supervision of the manager. The public property management shall cooperate with the department in whatever manner necessary in order for it to carry out this part. The space for the vending facilities and utilities shall be provided at no cost; provided, that the cost of telephone service shall not be the responsibility of the public property management. In cafeteria operations, the licensed or temporary manager may be required to pay a percentage of sales to the public property management in accordance with agreements negotiated between the department and the public property management.
Acts 1994, ch. 723, § 2.
Tenn. Code Ann. § 71-3-515 — TN Code / Title 71 / Chapter 3 / Section 71-3-515
Development of procedure for submitting names and other identifying information to determine if persons have perpetrated abuse or neglect of a child or adult - Due process rights
Status: in_force

(a) The department of children's services and the department of human services shall develop a procedure whereby the names and other identifying information for all potential employees of the department of human services in that department's licensing division and adult protective services program and any persons who are subject to § 71-2-403 or § 71-3-507 , and who, under those sections, may have contact with children in a childcare agency or with adults in an adult day care agency licensed by the department of human services, shall be submitted to the department of children's services and the department of human services adult protective services program to determine if the potential employees or other persons subject to those provisions were found by the department of children's services or the department of human services adult protective services program to have perpetrated abuse or neglect of a child or adult. (b) No person shall be reported as an indicated perpetrator of abuse or neglect for purposes of this part or chapter 2, part 4 of this title, by either the department of children's services or the department of human services adult protective services program unless it is determined that the due process rights of the person were either offered, but not accepted, or were fully concluded pursuant to the rules of the department of children's services or the department of human services and applicable state and federal law. Amended by 2013 Tenn. Acts, ch. 101,s 3, eff. 4/8/2013. Acts 2009, ch. 410, § 3.
(a) The department of children's services and the department of human services shall develop a procedure whereby the names and other identifying information for all potential employees of the department of human services in that department's licensing division and adult protective services program and any persons who are subject to § 71-2-403 or § 71-3-507 , and who, under those sections, may have contact with children in a childcare agency or with adults in an adult day care agency licensed by the department of human services, shall be submitted to the department of children's services and the department of human services adult protective services program to determine if the potential employees or other persons subject to those provisions were found by the department of children's services or the department of human services adult protective services program to have perpetrated abuse or neglect of a child or adult.
(b) No person shall be reported as an indicated perpetrator of abuse or neglect for purposes of this part or chapter 2, part 4 of this title, by either the department of children's services or the department of human services adult protective services program unless it is determined that the due process rights of the person were either offered, but not accepted, or were fully concluded pursuant to the rules of the department of children's services or the department of human services and applicable state and federal law.
Amended by 2013 Tenn. Acts, ch. 101,s 3, eff. 4/8/2013.
Acts 2009, ch. 410, § 3.
Tenn. Code Ann. § 71-3-101 — TN Code / Title 71 / Chapter 3 / Section 71-3-101
Short title
Status: in_force

This may be cited as the "Families First Act of 1996." Acts 1996, ch. 950, § 2; T.C.A., § 71-3-151.
This may be cited as the "Families First Act of 1996."
Acts 1996, ch. 950, § 2; T.C.A., § 71-3-151.
Tenn. Code Ann. § 71-5-1007 — TN Code / Title 71 / Chapter 5 / Section 71-5-1007
Requirements for nursing homes participating in medicaid program - Penalties for noncompliance - Waiver of penalties
Status: in_force

For the purposes of this part, any nursing home participating in the medicaid program shall file cost reports in accordance with the rules adopted by the bureau. Any nursing home participating in the medicaid program that does not adopt the uniform classification of accounts, or other acceptable accounting methods as shall be established by the rules of the bureau, in consultation with the comptroller of the treasury and the Tennessee Health Care Association, or does not submit cost data as required by the bureau, shall be assessed a penalty of one hundred dollars ($100) for each day such provider is not in compliance with this section. The bureau may waive, in whole or in part, any penalty upon a determination that there is good cause for such a waiver. The penalty imposed by this section shall supersede any penalty imposed under § 12-4-304 . Acts 2014, ch. 859, § 1.
For the purposes of this part, any nursing home participating in the medicaid program shall file cost reports in accordance with the rules adopted by the bureau. Any nursing home participating in the medicaid program that does not adopt the uniform classification of accounts, or other acceptable accounting methods as shall be established by the rules of the bureau, in consultation with the comptroller of the treasury and the Tennessee Health Care Association, or does not submit cost data as required by the bureau, shall be assessed a penalty of one hundred dollars ($100) for each day such provider is not in compliance with this section. The bureau may waive, in whole or in part, any penalty upon a determination that there is good cause for such a waiver. The penalty imposed by this section shall supersede any penalty imposed under § 12-4-304 .
Acts 2014, ch. 859, § 1.
Tenn. Code Ann. § 71-5-184 — TN Code / Title 71 / Chapter 5 / Section 71-5-184
Service - Limitations
Status: in_force

(a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under § 71-5-183 may be served at any place in the United States. (b) A civil action under § 71-5-183 may not be brought: (1) More than six (6) years after the date on which the violation of § 71-5-182 is committed; or (2) More than three (3) years after the date when facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten (10) years after the date on which the violation is committed, whichever occurs last. (c) If the state elects to intervene and proceed with an action brought under § 71-5-183(b) , the state may file its own complaint or amend the complaint of a person who has brought an action under § 71-5-183(b) to clarify or add detail to the claims in which the state is intervening and to add any additional claims with respect to which the state contends it is entitled to relief. For statute of limitations purposes, any such state pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the state arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person. (d) In any action brought under § 71-5-183 , the state shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (e) Notwithstanding any other law, the Tennessee Rules of Criminal Procedure, or the Tennessee Rules of Evidence, a final judgment rendered in favor of the state in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall stop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought under subsection (a) or (b) or § 71-5-183 . Acts 1993, ch. 364, § 4; 2012, ch. 806, § 8.
(a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under § 71-5-183 may be served at any place in the United States.
(b) A civil action under § 71-5-183 may not be brought: (1) More than six (6) years after the date on which the violation of § 71-5-182 is committed; or (2) More than three (3) years after the date when facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten (10) years after the date on which the violation is committed, whichever occurs last.
(1) More than six (6) years after the date on which the violation of § 71-5-182 is committed; or
(2) More than three (3) years after the date when facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten (10) years after the date on which the violation is committed, whichever occurs last.
(c) If the state elects to intervene and proceed with an action brought under § 71-5-183(b) , the state may file its own complaint or amend the complaint of a person who has brought an action under § 71-5-183(b) to clarify or add detail to the claims in which the state is intervening and to add any additional claims with respect to which the state contends it is entitled to relief. For statute of limitations purposes, any such state pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the state arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
(d) In any action brought under § 71-5-183 , the state shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(e) Notwithstanding any other law, the Tennessee Rules of Criminal Procedure, or the Tennessee Rules of Evidence, a final judgment rendered in favor of the state in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall stop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought under subsection (a) or (b) or § 71-5-183 .
Acts 1993, ch. 364, § 4; 2012, ch. 806, § 8.
Tenn. Code Ann. § 71-4-302 — TN Code / Title 71 / Chapter 4 / Section 71-4-302
Bond of director - Liability
Status: in_force

(a) The director of services for the blind shall be required to execute bond for the faithful accounting for and distribution of the funds coming into the director's hands under this part. The bond shall be in such sum as may be fixed by the commissioner of human services, with the approval of the governor, the payments for the bond to be made from such revolving fund. (b) Any person having a claim against the director for an alleged mispayment or nonpayment of the proceeds of sale under this part shall have a right of action against such director under the bond required by subsection (a). Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); impl. am. Acts 1975, ch. 219, § 2 (a, b); T.C.A. (orig. ed.), §§ 14-615, 14-14-202.
(a) The director of services for the blind shall be required to execute bond for the faithful accounting for and distribution of the funds coming into the director's hands under this part. The bond shall be in such sum as may be fixed by the commissioner of human services, with the approval of the governor, the payments for the bond to be made from such revolving fund.
(b) Any person having a claim against the director for an alleged mispayment or nonpayment of the proceeds of sale under this part shall have a right of action against such director under the bond required by subsection (a).
Acts 1945, ch. 119, § 2; C. Supp. 1950, § 4765.79 (Williams, § 4765.78); impl. am. Acts 1975, ch. 219, § 2 (a, b); T.C.A. (orig. ed.), §§ 14-615, 14-14-202.
Tenn. Code Ann. § 71-4-1113 — TN Code / Title 71 / Chapter 4 / Section 71-4-1113
Fraudulent devices - Penalty
Status: in_force

A person who: (1) Knowingly obtains, or attempts to obtain, or aids or abets any persons to obtain, by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which such person is not entitled or assistance greater than that to which such person is justly entitled; or (2) With intent to defraud, aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance, without the consent of the department; commits a Class E felony. Acts 1955, ch. 30, § 2; T.C.A., §§ 14-431, 14-16-113; Acts 1989, ch. 591, § 106.
A person who:
(1) Knowingly obtains, or attempts to obtain, or aids or abets any persons to obtain, by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which such person is not entitled or assistance greater than that to which such person is justly entitled; or
(2) With intent to defraud, aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance, without the consent of the department; commits a Class E felony.
commits a Class E felony.
Acts 1955, ch. 30, § 2; T.C.A., §§ 14-431, 14-16-113; Acts 1989, ch. 591, § 106.
Tenn. Code Ann. § 71-3-121 — TN Code / Title 71 / Chapter 3 / Section 71-3-121
Transfer of benefits - Exemption
Status: in_force

Assistance granted under this part shall not be transferable or assignable at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law. Acts 1937, ch. 50, § 16-a, as added by Acts 1941, ch. 37, § 1; C. Supp. 1950, § 4765.55 (Williams, § 4765.53a); T.C.A. (orig. ed.), §§ 14-321, 14-8-121.
Assistance granted under this part shall not be transferable or assignable at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.
Acts 1937, ch. 50, § 16-a, as added by Acts 1941, ch. 37, § 1; C. Supp. 1950, § 4765.55 (Williams, § 4765.53a); T.C.A. (orig. ed.), §§ 14-321, 14-8-121.
Tenn. Code Ann. § 71-5-2110 — TN Code / Title 71 / Chapter 5 / Section 71-5-2110
Superintendent's annual report
Status: in_force

The superintendent shall, once every year, in the month of December, submit to the commissioners a statement of the condition of the establishment, showing: (1) The number of its inmates, their names, ages, sex, diseases and maladies; (2) The expenses of the establishment; (3) The production of the farm; and (4) Whatever else the superintendent may be required to report by the commissioners, or may consider necessary to a full showing of the state of the establishment. Code 1858, § 1611 (deriv. Acts 1827 Private, ch. 112, § 9); Shan., § 2695; mod. Code 1932, § 4812; T.C.A. (orig. ed.), §§ 14-810, 14-20-110.
The superintendent shall, once every year, in the month of December, submit to the commissioners a statement of the condition of the establishment, showing:
(1) The number of its inmates, their names, ages, sex, diseases and maladies;
(2) The expenses of the establishment;
(3) The production of the farm; and
(4) Whatever else the superintendent may be required to report by the commissioners, or may consider necessary to a full showing of the state of the establishment.
Code 1858, § 1611 (deriv. Acts 1827 Private, ch. 112, § 9); Shan., § 2695; mod. Code 1932, § 4812; T.C.A. (orig. ed.), §§ 14-810, 14-20-110.
Tenn. Code Ann. § 71-3-517 — TN Code / Title 71 / Chapter 3 / Section 71-3-517
Development of a written multi-hazard plan to protect children in emergencies
Status: in_force

(a) All persons or entities operating a child care agency as defined in this part, excluding drop-in child care centers and those programs and facilities exempt from licensing as provided in § 71-3-503 , shall, in consultation with appropriate local authorities and local emergency management, develop a written multi-hazard plan to protect children in the event of emergencies, including, but not limited to, fires, tornados, earthquakes, chemical spills, and floods. Such persons or entities shall also inform parents and guardians of children attending the child care agency of the plan. (b) The written plan required pursuant to this section shall include: (1) Procedures for child care agency staff to notify parents in an emergency; (2) The development of designated relocation sites and evacuation routes to those sites; (3) Reunification plans for children and families; and (4) Written individualized plans for accommodating a child's special needs in an emergency situation. (c) The child care agency shall maintain documentation that the emergency plan is reviewed monthly. (d) All child care agency staff persons shall be trained on the plan annually. (e) The child care agency shall implement these emergency procedures through timely practice drills to meet local regulations and local emergency services plans and shall maintain documentation of drills for one (1) year. Such drills shall involve the following: (1) At least one (1) fire drill shall be conducted monthly; (2) Child care agencies shall alternate drills each month to cover each shift while children are present, including extended care hours; (3) At least one (1) drill other than fire shall be conducted every six (6) months; and (4) All drills shall be conducted in such a way as to simulate, as closely as is practical, conditions of a real emergency, with alarms to be utilized and evacuation plans to be practiced. (f) (1) Emergency telephone numbers for the following entities shall be posted next to all child care agency telephones and shall be readily available to all child care agency staff members: (A) Fire department; (B) Police department and sheriff's office; (C) Nearest hospital emergency room; (D) Department of children's services child abuse hotline; (E) Local emergency management agency; (F) Ambulance or rescue squad; (G) Poison control center; and (H) Department of human services child care complaint hotline. (2) If a generic emergency number, including, but not limited to, 911 service, is operable in the community, it shall also be posted in the manner prescribed in this subsection (f). (g) All contact information for parents, guardians, and emergency personnel shall be readily available to all child care agency staff, including work, home and cell phone numbers. Added by 2013 Tenn. Acts, ch. 216, s 1, eff. 7/1/2013.
(a) All persons or entities operating a child care agency as defined in this part, excluding drop-in child care centers and those programs and facilities exempt from licensing as provided in § 71-3-503 , shall, in consultation with appropriate local authorities and local emergency management, develop a written multi-hazard plan to protect children in the event of emergencies, including, but not limited to, fires, tornados, earthquakes, chemical spills, and floods. Such persons or entities shall also inform parents and guardians of children attending the child care agency of the plan.
(b) The written plan required pursuant to this section shall include: (1) Procedures for child care agency staff to notify parents in an emergency; (2) The development of designated relocation sites and evacuation routes to those sites; (3) Reunification plans for children and families; and (4) Written individualized plans for accommodating a child's special needs in an emergency situation.
(1) Procedures for child care agency staff to notify parents in an emergency;
(2) The development of designated relocation sites and evacuation routes to those sites;
(3) Reunification plans for children and families; and
(4) Written individualized plans for accommodating a child's special needs in an emergency situation.
(c) The child care agency shall maintain documentation that the emergency plan is reviewed monthly.
(d) All child care agency staff persons shall be trained on the plan annually.
(e) The child care agency shall implement these emergency procedures through timely practice drills to meet local regulations and local emergency services plans and shall maintain documentation of drills for one (1) year. Such drills shall involve the following: (1) At least one (1) fire drill shall be conducted monthly; (2) Child care agencies shall alternate drills each month to cover each shift while children are present, including extended care hours; (3) At least one (1) drill other than fire shall be conducted every six (6) months; and (4) All drills shall be conducted in such a way as to simulate, as closely as is practical, conditions of a real emergency, with alarms to be utilized and evacuation plans to be practiced.
(1) At least one (1) fire drill shall be conducted monthly;
(2) Child care agencies shall alternate drills each month to cover each shift while children are present, including extended care hours;
(3) At least one (1) drill other than fire shall be conducted every six (6) months; and
(4) All drills shall be conducted in such a way as to simulate, as closely as is practical, conditions of a real emergency, with alarms to be utilized and evacuation plans to be practiced.
(f) (1) Emergency telephone numbers for the following entities shall be posted next to all child care agency telephones and shall be readily available to all child care agency staff members: (A) Fire department; (B) Police department and sheriff's office; (C) Nearest hospital emergency room; (D) Department of children's services child abuse hotline; (E) Local emergency management agency; (F) Ambulance or rescue squad; (G) Poison control center; and (H) Department of human services child care complaint hotline. (2) If a generic emergency number, including, but not limited to, 911 service, is operable in the community, it shall also be posted in the manner prescribed in this subsection (f).
(1) Emergency telephone numbers for the following entities shall be posted next to all child care agency telephones and shall be readily available to all child care agency staff members: (A) Fire department; (B) Police department and sheriff's office; (C) Nearest hospital emergency room; (D) Department of children's services child abuse hotline; (E) Local emergency management agency; (F) Ambulance or rescue squad; (G) Poison control center; and (H) Department of human services child care complaint hotline.
(A) Fire department;
(B) Police department and sheriff's office;
(C) Nearest hospital emergency room;
(D) Department of children's services child abuse hotline;
(E) Local emergency management agency;
(F) Ambulance or rescue squad;
(G) Poison control center; and
(H) Department of human services child care complaint hotline.
(2) If a generic emergency number, including, but not limited to, 911 service, is operable in the community, it shall also be posted in the manner prescribed in this subsection (f).
(g) All contact information for parents, guardians, and emergency personnel shall be readily available to all child care agency staff, including work, home and cell phone numbers.
Added by 2013 Tenn. Acts, ch. 216, s 1, eff. 7/1/2013.
Tenn. Code Ann. § 71-4-804 — TN Code / Title 71 / Chapter 4 / Section 71-4-804
Trustees of qualified ABLE program - State treasurer authorized to establish qualified ABLE program - Program revenues
Status: in_force

(a) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the state treasurer shall serve as trustees for a qualified ABLE program that may be established pursuant to this part. (b) The state treasurer is authorized to establish a qualified ABLE program. If the state treasurer establishes a qualified ABLE program, the state treasurer shall develop a plan that shall include provisions for the implementation, administration, operation, marketing, investment options, customer service, and investment management services for the plan, which shall be approved by the remaining trustees. The state treasurer may modify the terms of the plan with the concurrence of the commissioner of finance and administration. (c) All revenues collected by the program shall remain with the program. To the extent that the program has unused revenues during a given fiscal year, the unused revenues shall not revert to the general fund, but shall be carried forward to the next succeeding fiscal year or years, and shall be used to fund the program. For the purposes of this subsection (c), "revenues" include, but are not limited to, state appropriated funds, monetary gifts, grants, or any other monetary aids received by the program from public or private sources; however, "revenues" do not include the contributions and earnings in an ABLE account. Amended by 2016 Tenn. Acts, ch. 793,s 5, eff. 4/12/2016. Acts 2015, ch. 470, § 4.
(a) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the state treasurer shall serve as trustees for a qualified ABLE program that may be established pursuant to this part.
(b) The state treasurer is authorized to establish a qualified ABLE program. If the state treasurer establishes a qualified ABLE program, the state treasurer shall develop a plan that shall include provisions for the implementation, administration, operation, marketing, investment options, customer service, and investment management services for the plan, which shall be approved by the remaining trustees. The state treasurer may modify the terms of the plan with the concurrence of the commissioner of finance and administration.
(c) All revenues collected by the program shall remain with the program. To the extent that the program has unused revenues during a given fiscal year, the unused revenues shall not revert to the general fund, but shall be carried forward to the next succeeding fiscal year or years, and shall be used to fund the program. For the purposes of this subsection (c), "revenues" include, but are not limited to, state appropriated funds, monetary gifts, grants, or any other monetary aids received by the program from public or private sources; however, "revenues" do not include the contributions and earnings in an ABLE account.
Amended by 2016 Tenn. Acts, ch. 793,s 5, eff. 4/12/2016.
Acts 2015, ch. 470, § 4.
Tenn. Code Ann. § 71-4-1115 — TN Code / Title 71 / Chapter 4 / Section 71-4-1115
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, § 3.
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, § 3.
Tenn. Code Ann. § 71-2-305 — TN Code / Title 71 / Chapter 2 / Section 71-2-305
Review on motion of department - Notice to applicants or recipients - Hearing - Decision final
Status: in_force

The department may also, upon its own motion, review any decision of a regional director, or a designated agent, and county mayor, and may consider any application upon which a decision has not been made by the regional director, or a designated agent, within a reasonable time. The department may make such additional investigation as it may deem necessary, and shall make such decision on such application as in its opinion is justified and in conformity with this part. Applicants or recipients affected by such decisions of the department shall be notified of such decision in writing, and shall, upon request, be given reasonable notice and opportunity for a fair hearing by the department. All decisions of the department shall be final and shall be binding upon the county involved and shall be complied with by the regional director or a designated agent. Acts 1961, ch. 96, § 6; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §§ 14-1606, 14-3-105; Acts 2003, ch. 90, § 2.
The department may also, upon its own motion, review any decision of a regional director, or a designated agent, and county mayor, and may consider any application upon which a decision has not been made by the regional director, or a designated agent, within a reasonable time. The department may make such additional investigation as it may deem necessary, and shall make such decision on such application as in its opinion is justified and in conformity with this part. Applicants or recipients affected by such decisions of the department shall be notified of such decision in writing, and shall, upon request, be given reasonable notice and opportunity for a fair hearing by the department. All decisions of the department shall be final and shall be binding upon the county involved and shall be complied with by the regional director or a designated agent.
Acts 1961, ch. 96, § 6; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §§ 14-1606, 14-3-105; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 71-5-135 — TN Code / Title 71 / Chapter 5 / Section 71-5-135
State unemployment health care benefits - Scope - Conditions
Status: in_force

If a person who previously had health insurance through their employer becomes uninsured due to bona fide closure of the employer's business or plant, such person, and the person's dependents shall automatically be eligible to enroll in the TennCare program at the expiration of the eighteen-month period authorized for continuing insurance coverage under COBRA. The department shall accept the application of such person prior to the expiration of the eighteen-month period so that health insurance through TennCare will begin immediately upon expiration of COBRA coverage and such person and the person's dependents will at no time be without health care coverage. However, nothing in this section shall be construed or interpreted to provide TennCare coverage in situations where a business or plant declares bankruptcy or otherwise declares it is going out of business when the purpose, primary or otherwise, of such declaration is to establish TennCare coverage for its employees and the business or plant intends to reopen under the same or another identity with essentially the same ownership or management, or both. Reopening of a business with the same or another identity and essentially the same ownership or management, or both, shall be considered refutable evidence that the earlier closure was for the purpose of establishing TennCare eligibility for the business's employees. 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. Acts 1994, ch. 857, § 1.
If a person who previously had health insurance through their employer becomes uninsured due to bona fide closure of the employer's business or plant, such person, and the person's dependents shall automatically be eligible to enroll in the TennCare program at the expiration of the eighteen-month period authorized for continuing insurance coverage under COBRA. The department shall accept the application of such person prior to the expiration of the eighteen-month period so that health insurance through TennCare will begin immediately upon expiration of COBRA coverage and such person and the person's dependents will at no time be without health care coverage. However, nothing in this section shall be construed or interpreted to provide TennCare coverage in situations where a business or plant declares bankruptcy or otherwise declares it is going out of business when the purpose, primary or otherwise, of such declaration is to establish TennCare coverage for its employees and the business or plant intends to reopen under the same or another identity with essentially the same ownership or management, or both. Reopening of a business with the same or another identity and essentially the same ownership or management, or both, shall be considered refutable evidence that the earlier closure was for the purpose of establishing TennCare eligibility for the business's employees. 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.
Acts 1994, ch. 857, § 1.
Tenn. Code Ann. § 71-5-142 — TN Code / Title 71 / Chapter 5 / Section 71-5-142
Confidentiality and disclosure of proprietary information
Status: in_force

(a) All proprietary information, including but not limited to, provider reimbursement information provided either to the Tennessee department of commerce and insurance or to the TennCare bureau, or any successor entity operated by the state of Tennessee for the purpose of administering the TennCare program, or any successor program shall be deemed confidential and not subject to disclosure under the Tennessee Public Records Act, compiled in title 10, chapter 7. Nothing contained in this section shall be construed to conflict with or obviate §§ 56-9-202(b) and 56-9-504(f) . (b) This section shall not apply to disclosures to the medicaid fraud unit of the Tennessee bureau of investigation for law enforcement activities authorized by federal or state law. (c) Nothing in this section shall be construed to limit access to, or use of, these records by governmental agencies performing official functions. Acts 2002, ch. 880, § 18.
(a) All proprietary information, including but not limited to, provider reimbursement information provided either to the Tennessee department of commerce and insurance or to the TennCare bureau, or any successor entity operated by the state of Tennessee for the purpose of administering the TennCare program, or any successor program shall be deemed confidential and not subject to disclosure under the Tennessee Public Records Act, compiled in title 10, chapter 7. Nothing contained in this section shall be construed to conflict with or obviate §§ 56-9-202(b) and 56-9-504(f) .
(b) This section shall not apply to disclosures to the medicaid fraud unit of the Tennessee bureau of investigation for law enforcement activities authorized by federal or state law.
(c) Nothing in this section shall be construed to limit access to, or use of, these records by governmental agencies performing official functions.
Acts 2002, ch. 880, § 18.
Tenn. Code Ann. § 71-5-1403 — TN Code / Title 71 / Chapter 5 / Section 71-5-1403
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Budget allowance" means the amount of money that can be directed, utilizing the services of a fiscal intermediary, by a medicaid-eligible long-term care member participating in this consumer-directed care option, to pay for home and community-based long-term care services defined under the medicaid state plan or any federal waivers or amendments thereto that are necessary to meet the member's long-term care needs and to delay or prevent institutionalization. The budget allowance shall be based on the results of a functional assessment performed by a qualified entity and the availability of family and other caregivers who can help provide needed support, and when combined with the cost of home health services and private duty nursing in the home or other community-based setting, cannot exceed the cost of institutional care; (2) "Commissioner" means the commissioner of finance and administration or the commissioner's designee; (3) "Cost-effective" means that the total cost of services provided to an eligible elderly or physically disabled adult in the home or other community-based setting does not exceed the cost of reimbursement for institutional care in a nursing facility. The total cost of services shall include the cost of home health services and private duty nursing, as well as home and community-based long-term care services provided pursuant to the medicaid state plan or any federal waiver or amendments thereto; (4) "Fiscal intermediary" means an entity with whom the commissioner or a contractor responsible for the coordination of medicaid primary, acute and long-term care services has contracted to help a member participating in this consumer-directed care option manage the member's budget allowance. The fiscal intermediary will manage all payments to providers and paid caregivers for specified home and community-based services on behalf of the member, process employment and tax information as applicable, review records to ensure accuracy and provide full accountability for all expenditures made on behalf of each participating member; (5) "Qualified entity" means an entity with which the commissioner has contracted to assess the needs of persons determined medically eligible for long-term care services and to develop care plans to address their identified needs. Such entity shall have the expertise and capacity to timely perform these services and shall not provide any direct long-term care service which may create a conflict of interest. A managed-care organization performing care coordination services under this part shall be a qualified entity only to the extent that appropriate regulatory and contractual safeguards are in place to help ensure that such assessment and care plan development processes are fair, objective and consistent with the needs of the individual and the individual's family caregivers, as applicable; and (6) "Rebalance" means reaching a more equitable balance between the proportion of medicaid long-term care expenditures used for institutional, i.e., nursing facility, services and those used for home and community-based services and supports under the medicaid state plan or federal waivers or amendments to the medicaid state plan or federal waivers. Amended by 2024 Tenn. Acts, ch. 621,s 1, eff. 3/27/2024. Acts 2008 , ch. 1190, § 4.
As used in this part, unless the context otherwise requires:
(1) "Budget allowance" means the amount of money that can be directed, utilizing the services of a fiscal intermediary, by a medicaid-eligible long-term care member participating in this consumer-directed care option, to pay for home and community-based long-term care services defined under the medicaid state plan or any federal waivers or amendments thereto that are necessary to meet the member's long-term care needs and to delay or prevent institutionalization. The budget allowance shall be based on the results of a functional assessment performed by a qualified entity and the availability of family and other caregivers who can help provide needed support, and when combined with the cost of home health services and private duty nursing in the home or other community-based setting, cannot exceed the cost of institutional care;
(2) "Commissioner" means the commissioner of finance and administration or the commissioner's designee;
(3) "Cost-effective" means that the total cost of services provided to an eligible elderly or physically disabled adult in the home or other community-based setting does not exceed the cost of reimbursement for institutional care in a nursing facility. The total cost of services shall include the cost of home health services and private duty nursing, as well as home and community-based long-term care services provided pursuant to the medicaid state plan or any federal waiver or amendments thereto;
(4) "Fiscal intermediary" means an entity with whom the commissioner or a contractor responsible for the coordination of medicaid primary, acute and long-term care services has contracted to help a member participating in this consumer-directed care option manage the member's budget allowance. The fiscal intermediary will manage all payments to providers and paid caregivers for specified home and community-based services on behalf of the member, process employment and tax information as applicable, review records to ensure accuracy and provide full accountability for all expenditures made on behalf of each participating member;
(5) "Qualified entity" means an entity with which the commissioner has contracted to assess the needs of persons determined medically eligible for long-term care services and to develop care plans to address their identified needs. Such entity shall have the expertise and capacity to timely perform these services and shall not provide any direct long-term care service which may create a conflict of interest. A managed-care organization performing care coordination services under this part shall be a qualified entity only to the extent that appropriate regulatory and contractual safeguards are in place to help ensure that such assessment and care plan development processes are fair, objective and consistent with the needs of the individual and the individual's family caregivers, as applicable; and
(6) "Rebalance" means reaching a more equitable balance between the proportion of medicaid long-term care expenditures used for institutional, i.e., nursing facility, services and those used for home and community-based services and supports under the medicaid state plan or federal waivers or amendments to the medicaid state plan or federal waivers.
Amended by 2024 Tenn. Acts, ch. 621,s 1, eff. 3/27/2024.
Acts 2008 , ch. 1190, § 4.
Tenn. Code Ann. § 71-5-129 — TN Code / Title 71 / Chapter 5 / Section 71-5-129
Charges for services of physician assistants
Status: in_force

Charges to be reimbursed for physician assistants from medicaid funds shall not exceed sixty percent (60%) of the charges provided for licensed physicians under the medicaid program or fees charged by licensed physicians that are reasonable in the locality where the services are provided. Acts 1983, ch. 168, § 12; T.C.A., § 14-23-129.
Charges to be reimbursed for physician assistants from medicaid funds shall not exceed sixty percent (60%) of the charges provided for licensed physicians under the medicaid program or fees charged by licensed physicians that are reasonable in the locality where the services are provided.
Acts 1983, ch. 168, § 12; T.C.A., § 14-23-129.
Tenn. Code Ann. § 71-5-316 — TN Code / Title 71 / Chapter 5 / Section 71-5-316
Data matches
Status: in_force

(a) On at least a quarterly basis, the department of human services shall conduct data matches against information databases as required by federal law, including the following: (1) Earned and unearned income information maintained by the federal internal revenue service; (2) Employer reports of income and unemployment insurance payment information maintained by the federal department of labor; (3) Earned income information maintained by the federal social security administration; (4) Death register information maintained by the federal social security administration; (5) Prisoner information maintained by the federal social security administration; (6) Beneficiary records and earnings information maintained by the federal social security administration; (7) Employment information maintained by the Tennessee department of labor and workforce development; (8) Employment information regarding new hires maintained by the federal department of health and human services; (9) Supplemental security income information maintained by the federal social security administration; and (10) Veterans' benefits information maintained by the federal department of health and human services, in coordination with the Tennessee department of health and Tennessee department of veterans services. (b) The department of human services shall, upon approval from the secretary of the United States department of agriculture, take any steps necessary to enter into an intra-agency agreement joining a multi-state cooperative that identifies individuals who are currently receiving benefits in other surrounding states to minimize dual participation. Amended by 2018 Tenn. Acts, ch. 789,s 6, eff. 12/1/2018. Added by 2017 Tenn. Acts, ch. 191,s 3, eff. 12/1/2017.
(a) On at least a quarterly basis, the department of human services shall conduct data matches against information databases as required by federal law, including the following: (1) Earned and unearned income information maintained by the federal internal revenue service; (2) Employer reports of income and unemployment insurance payment information maintained by the federal department of labor; (3) Earned income information maintained by the federal social security administration; (4) Death register information maintained by the federal social security administration; (5) Prisoner information maintained by the federal social security administration; (6) Beneficiary records and earnings information maintained by the federal social security administration; (7) Employment information maintained by the Tennessee department of labor and workforce development; (8) Employment information regarding new hires maintained by the federal department of health and human services; (9) Supplemental security income information maintained by the federal social security administration; and (10) Veterans' benefits information maintained by the federal department of health and human services, in coordination with the Tennessee department of health and Tennessee department of veterans services.
(1) Earned and unearned income information maintained by the federal internal revenue service;
(2) Employer reports of income and unemployment insurance payment information maintained by the federal department of labor;
(3) Earned income information maintained by the federal social security administration;
(4) Death register information maintained by the federal social security administration;
(5) Prisoner information maintained by the federal social security administration;
(6) Beneficiary records and earnings information maintained by the federal social security administration;
(7) Employment information maintained by the Tennessee department of labor and workforce development;
(8) Employment information regarding new hires maintained by the federal department of health and human services;
(9) Supplemental security income information maintained by the federal social security administration; and
(10) Veterans' benefits information maintained by the federal department of health and human services, in coordination with the Tennessee department of health and Tennessee department of veterans services.
(b) The department of human services shall, upon approval from the secretary of the United States department of agriculture, take any steps necessary to enter into an intra-agency agreement joining a multi-state cooperative that identifies individuals who are currently receiving benefits in other surrounding states to minimize dual participation.
Amended by 2018 Tenn. Acts, ch. 789,s 6, eff. 12/1/2018.
Added by 2017 Tenn. Acts, ch. 191,s 3, eff. 12/1/2017.
Tenn. Code Ann. § 71-1-124 — TN Code / Title 71 / Chapter 1 / Section 71-1-124
Quarterly report detailing department's access to and use of federal funds
Status: in_force

(a) Notwithstanding any law to the contrary, the commissioner shall submit a report quarterly to the persons identified in subsection (c) detailing the department's access to and use of federal funds. The report may be submitted electronically. (b) The report must include information, in the aggregate and per program, regarding: (1) The amount and source of federal funds available to be spent by the department in the current fiscal year; (2) The amount of federal funds budgeted to be spent and expected to be actually spent in the current fiscal year; (3) The amount and percentage of federal funds set aside as reserve, both cumulatively and in the current fiscal year; (4) Whether there are restrictions or requirements under federal law on how federal funds can be spent, and what those restrictions or requirements are; (5) Whether there are restrictions or requirements under state law on how federal funds can be spent, and what those restrictions or requirements are; (6) Whether and how the restrictions or requirements described in subdivisions (b)(4)-(5) prevented the department's expenditure of federal funds; and (7) Whether unspent federal funds available to the department carry over to the next fiscal year or are lost. (c) Persons to whom the commissioner must submit the report include: (1) The speakers of the house of representatives and the senate; (2) The chief clerks of the house of representatives and the senate; (3) The chairs of the finance, ways and means committees of the house of representatives and the senate; (4) The chairs of the health committee of the house of representatives and the health and welfare committee of the senate; (5) The executive director of the general assembly's fiscal review committee, for distribution to the members of the committee; (6) The directors of the office of legislative budget analysis; and (7) The legislative librarian. (d) For purposes of this section, "program" includes programs administered by the department for adult and family services, child support, and rehabilitation services, including: (1) The child care benefits program; (2) The temporary cash assistance program, through the state's temporary assistance to needy families (TANF) program; (3) The supplemental nutrition assistance program (SNAP); (4) The child support enforcement program; (5) Rehabilitation services; and (6) The disability determination program. Added by 2021 Tenn. Acts, ch. 308, s 1, eff. 5/4/2021.
(a) Notwithstanding any law to the contrary, the commissioner shall submit a report quarterly to the persons identified in subsection (c) detailing the department's access to and use of federal funds. The report may be submitted electronically.
(b) The report must include information, in the aggregate and per program, regarding: (1) The amount and source of federal funds available to be spent by the department in the current fiscal year; (2) The amount of federal funds budgeted to be spent and expected to be actually spent in the current fiscal year; (3) The amount and percentage of federal funds set aside as reserve, both cumulatively and in the current fiscal year; (4) Whether there are restrictions or requirements under federal law on how federal funds can be spent, and what those restrictions or requirements are; (5) Whether there are restrictions or requirements under state law on how federal funds can be spent, and what those restrictions or requirements are; (6) Whether and how the restrictions or requirements described in subdivisions (b)(4)-(5) prevented the department's expenditure of federal funds; and (7) Whether unspent federal funds available to the department carry over to the next fiscal year or are lost.
(1) The amount and source of federal funds available to be spent by the department in the current fiscal year;
(2) The amount of federal funds budgeted to be spent and expected to be actually spent in the current fiscal year;
(3) The amount and percentage of federal funds set aside as reserve, both cumulatively and in the current fiscal year;
(4) Whether there are restrictions or requirements under federal law on how federal funds can be spent, and what those restrictions or requirements are;
(5) Whether there are restrictions or requirements under state law on how federal funds can be spent, and what those restrictions or requirements are;
(6) Whether and how the restrictions or requirements described in subdivisions (b)(4)-(5) prevented the department's expenditure of federal funds; and
(7) Whether unspent federal funds available to the department carry over to the next fiscal year or are lost.
(c) Persons to whom the commissioner must submit the report include: (1) The speakers of the house of representatives and the senate; (2) The chief clerks of the house of representatives and the senate; (3) The chairs of the finance, ways and means committees of the house of representatives and the senate; (4) The chairs of the health committee of the house of representatives and the health and welfare committee of the senate; (5) The executive director of the general assembly's fiscal review committee, for distribution to the members of the committee; (6) The directors of the office of legislative budget analysis; and (7) The legislative librarian.
(1) The speakers of the house of representatives and the senate;
(2) The chief clerks of the house of representatives and the senate;
(3) The chairs of the finance, ways and means committees of the house of representatives and the senate;
(4) The chairs of the health committee of the house of representatives and the health and welfare committee of the senate;
(5) The executive director of the general assembly's fiscal review committee, for distribution to the members of the committee;
(6) The directors of the office of legislative budget analysis; and
(7) The legislative librarian.
(d) For purposes of this section, "program" includes programs administered by the department for adult and family services, child support, and rehabilitation services, including: (1) The child care benefits program; (2) The temporary cash assistance program, through the state's temporary assistance to needy families (TANF) program; (3) The supplemental nutrition assistance program (SNAP); (4) The child support enforcement program; (5) Rehabilitation services; and (6) The disability determination program.
(1) The child care benefits program;
(2) The temporary cash assistance program, through the state's temporary assistance to needy families (TANF) program;
(3) The supplemental nutrition assistance program (SNAP);
(4) The child support enforcement program;
(5) Rehabilitation services; and
(6) The disability determination program.
Added by 2021 Tenn. Acts, ch. 308, s 1, eff. 5/4/2021.
Tenn. Code Ann. § 71-1-125 — TN Code / Title 71 / Chapter 1 / Section 71-1-125
Inclusion of information detailing access to use of federal TANF funds in annual block grant report
Status: in_force

(a) Notwithstanding a law to the contrary, the commissioner shall include in the annual block grant report submitted pursuant to § 9-4-5404 , information detailing the department's access to the use of federal TANF funds as described in subsection (b). (b) The report described in subsection (a) must include information detailing the department's access to and use of federal TANF funds during the previous federal fiscal year, subtotaled by the four (4) purposes of the TANF program, as described by 45 C.F.R. § 260.20 , for which the funds were expended, including: (1) Overall spending and the number of contracts through which services or assistance were provided in furtherance of each respective purpose; (2) Examples of expenditures in furtherance of each respective purpose, including: (A) Expenditures for programs to encourage two-parent family formation and two-parent family preservation; and (B) Expenditures for parenting education, mediation, marriage education, marital counseling, visitation facilitators, and initiatives to facilitate fatherhood support and inclusion; and (3) A review of all program expenditures to ensure inclusion of both parents. (c) For purposes of this section, "federal TANF funds" means the state's temporary assistance for needy families (TANF) program administered by the department. Amended by 2024 Tenn. Acts, ch. 855,s 1, eff. 5/1/2024. Added by 2022 Tenn. Acts, ch. 693, s 1, eff. 7/1/2022.
(a) Notwithstanding a law to the contrary, the commissioner shall include in the annual block grant report submitted pursuant to § 9-4-5404 , information detailing the department's access to the use of federal TANF funds as described in subsection (b).
(b) The report described in subsection (a) must include information detailing the department's access to and use of federal TANF funds during the previous federal fiscal year, subtotaled by the four (4) purposes of the TANF program, as described by 45 C.F.R. § 260.20 , for which the funds were expended, including: (1) Overall spending and the number of contracts through which services or assistance were provided in furtherance of each respective purpose; (2) Examples of expenditures in furtherance of each respective purpose, including: (A) Expenditures for programs to encourage two-parent family formation and two-parent family preservation; and (B) Expenditures for parenting education, mediation, marriage education, marital counseling, visitation facilitators, and initiatives to facilitate fatherhood support and inclusion; and (3) A review of all program expenditures to ensure inclusion of both parents.
(1) Overall spending and the number of contracts through which services or assistance were provided in furtherance of each respective purpose;
(2) Examples of expenditures in furtherance of each respective purpose, including: (A) Expenditures for programs to encourage two-parent family formation and two-parent family preservation; and (B) Expenditures for parenting education, mediation, marriage education, marital counseling, visitation facilitators, and initiatives to facilitate fatherhood support and inclusion; and
(A) Expenditures for programs to encourage two-parent family formation and two-parent family preservation; and
(B) Expenditures for parenting education, mediation, marriage education, marital counseling, visitation facilitators, and initiatives to facilitate fatherhood support and inclusion; and
(3) A review of all program expenditures to ensure inclusion of both parents.
(c) For purposes of this section, "federal TANF funds" means the state's temporary assistance for needy families (TANF) program administered by the department.
Amended by 2024 Tenn. Acts, ch. 855,s 1, eff. 5/1/2024.
Added by 2022 Tenn. Acts, ch. 693, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 71-5-167 — TN Code / Title 71 / Chapter 5 / Section 71-5-167
Physical address requirement for telehealth providers
Status: in_force

(a) As used in this section: (1) "Healthcare provider" means a person who is licensed, certified, or authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession; and (2) "Telehealth provider group" means two (2) or more healthcare providers that share a common employer and provide healthcare services exclusively via telehealth. (b) This chapter does not require: (1) A vendor or healthcare provider who provides healthcare services exclusively via telehealth to maintain a physical address or site in this state in order to be eligible to enroll as a vendor or provider for the medical assistance program; or (2) A telehealth provider group to have a service address in this state in order to be eligible to enroll as a vendor or provider group for the medical assistance program, as long as the healthcare providers that comprise the telehealth provider group are licensed with the appropriate healthcare licensing authority in this state or are otherwise authorized by law to provide healthcare services in this state. Added by 2023 Tenn. Acts, ch. 55, s 1, eff. 3/21/2023.
(a) As used in this section: (1) "Healthcare provider" means a person who is licensed, certified, or authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession; and (2) "Telehealth provider group" means two (2) or more healthcare providers that share a common employer and provide healthcare services exclusively via telehealth.
(1) "Healthcare provider" means a person who is licensed, certified, or authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession; and
(2) "Telehealth provider group" means two (2) or more healthcare providers that share a common employer and provide healthcare services exclusively via telehealth.
(b) This chapter does not require: (1) A vendor or healthcare provider who provides healthcare services exclusively via telehealth to maintain a physical address or site in this state in order to be eligible to enroll as a vendor or provider for the medical assistance program; or (2) A telehealth provider group to have a service address in this state in order to be eligible to enroll as a vendor or provider group for the medical assistance program, as long as the healthcare providers that comprise the telehealth provider group are licensed with the appropriate healthcare licensing authority in this state or are otherwise authorized by law to provide healthcare services in this state.
(1) A vendor or healthcare provider who provides healthcare services exclusively via telehealth to maintain a physical address or site in this state in order to be eligible to enroll as a vendor or provider for the medical assistance program; or
(2) A telehealth provider group to have a service address in this state in order to be eligible to enroll as a vendor or provider group for the medical assistance program, as long as the healthcare providers that comprise the telehealth provider group are licensed with the appropriate healthcare licensing authority in this state or are otherwise authorized by law to provide healthcare services in this state.
Added by 2023 Tenn. Acts, ch. 55, s 1, eff. 3/21/2023.
Tenn. Code Ann. § 71-3-1004 — TN Code / Title 71 / Chapter 3 / Section 71-3-1004
Matching funds
Status: in_force

(a) The temporary assistance for needy families (TANF), or successor program, recipients who are not employed will not be eligible to receive matching fund donations into their individual development accounts (IDAs). (b) For those TANF program, or successor program, recipients who secure employment while participating in this project, their IDAs may begin to be matched immediately. (c) Matching funds may be secured from public and private funds. (d) For the purposes of this part, public funds utilized to provide such matching funds shall not include state funds. Acts 1996, ch. 989, § 4; 2000, ch. 894, § 1.
(a) The temporary assistance for needy families (TANF), or successor program, recipients who are not employed will not be eligible to receive matching fund donations into their individual development accounts (IDAs).
(b) For those TANF program, or successor program, recipients who secure employment while participating in this project, their IDAs may begin to be matched immediately.
(c) Matching funds may be secured from public and private funds.
(d) For the purposes of this part, public funds utilized to provide such matching funds shall not include state funds.
Acts 1996, ch. 989, § 4; 2000, ch. 894, § 1.
Tenn. Code Ann. § 71-2-210 — TN Code / Title 71 / Chapter 2 / Section 71-2-210
Change in circumstances of recipient
Status: in_force

If at any time during the continuance of assistance the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the regional director or a designated agent of the receipt or possession of such property or income. The regional director or a designated agent may, after investigation, either cancel the assistance or alter the amount of the money payment in accordance with the circumstances. Any assistance paid after the recipient has come into possession of such property or income and in excess of the recipient's need as determined by the department's standards shall be recoverable in a suit by the state as a debt due to the state. Acts 1937, ch. 49, § 11; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.28 (Williams, § 4765.27); Acts 1957, ch. 117, § 6; 1961, ch. 13, § 1; 1974, ch. 628, § 6; T.C.A. (orig. ed.), §§ 14-216, 14-2-110.
If at any time during the continuance of assistance the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the regional director or a designated agent of the receipt or possession of such property or income. The regional director or a designated agent may, after investigation, either cancel the assistance or alter the amount of the money payment in accordance with the circumstances. Any assistance paid after the recipient has come into possession of such property or income and in excess of the recipient's need as determined by the department's standards shall be recoverable in a suit by the state as a debt due to the state.
Acts 1937, ch. 49, § 11; 1945, ch. 187, § 1; C. Supp. 1950, § 4765.28 (Williams, § 4765.27); Acts 1957, ch. 117, § 6; 1961, ch. 13, § 1; 1974, ch. 628, § 6; T.C.A. (orig. ed.), §§ 14-216, 14-2-110.
Tenn. Code Ann. § 71-5-118 — TN Code / Title 71 / Chapter 5 / Section 71-5-118
Contracts with vendors - Sanctions against vendors - Grounds for actions against providers - Administrative remedy to recover benefits from applicant - Collection activity report - Applicant warning - Prompt process of hospital presumptive eligibility applications
Status: in_force

(a) The commissioner of finance and administration has the authority to enter into contracts with qualified vendors to provide to eligible recipients medical assistance allowed under § 71-5-107 . The commissioner has the authority to terminate or suspend existing contracts with providers, to refuse to enter into contracts with providers, and to recover any payments incorrectly paid if the commissioner finds that such actions will further the purpose of this section. Any action against such provider shall be treated as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If a hearing is requested by the provider, it shall be held prior to the imposition of any of the sanctions of this subsection (a), except that upon a finding by the commissioner that the public health, safety, or welfare imperatively requires emergency action, these sanctions may be imposed pending an opportunity for the provider to request a prompt hearing. Furthermore, the commissioner has the right to set off any money incorrectly paid against any claim for money submitted by the provider pending an opportunity for a hearing. Grounds for action against providers under this subsection (a) include, but are not limited to, the following: (1) Violation of the terms of the contract; (2) Violation of any provision of this part or the rules promulgated pursuant to this part; (3) Billing for medical assistance that was not delivered; (4) Provision of medical assistance that is not medically necessary or justified; (5) Provision of medical assistance of a quality that is below professionally recognized standards; (6) Revocation or suspension of a provider's professional license or other disciplinary action by the agency regulating the profession of the provider; and (7) Failure to produce records, upon request, by authorized representatives of the commissioner as necessary to substantiate the medical assistance for which claims have been submitted. (b) Without regard to any other civil or criminal liability that might attach, by operation of this section or any other law, to an enrollee or applicant's action in obtaining medical assistance or any assistance under this part, to which such person is not entitled, the bureau of TennCare shall have an administrative remedy for the recovery of the amount of any medical assistance benefits or payments improperly paid as a result of any misrepresentation made by such person, to the extent that such amount has not otherwise been recovered by the bureau. The bureau shall also have a right to recover in such administrative proceedings its reasonable costs and attorneys' fees, as well as interest on the amount owed by the person, calculated from the date that medical assistance was improperly paid. Any action against such person shall be treated as a contested case in accordance with the Uniform Administrative Procedures Act. In an administrative action under this subsection (b), the bureau shall show that the amount sought to be recovered was paid in the form of medical assistance as a result of material misrepresentation by the person against whom recovery is sought, but the bureau need not show that such misrepresentation was intentional or fraudulent. (c) The bureau of TennCare shall report annually in writing to the judiciary committee of the senate and the criminal justice committee of the house of representatives regarding its collection activities of the estate recovery provisions of this chapter. (d) All applicants for medical assistance under this part, and all applicants for reverification of eligibility to receive such assistance, shall receive a warning, in easily readable language, regarding the state recovery provisions, as well as the administrative, civil and criminal liability provisions of this chapter. (e) The participating provider shall strive to process hospital presumptive eligibility applications within the first twenty-four (24) hours of the date of admission, when practicable. To the extent a participating provider fails to adhere to this standard, the bureau of TennCare may take remedial steps as allowed by federal law. Amended by 2021 Tenn. Acts, ch. 64, s 122, eff. 3/29/2021. Amended by 2020 Tenn. Acts, ch. 775, s 1, eff. 7/15/2020. Amended by 2019 Tenn. Acts, ch. 345, s 136, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 43, eff. 4/19/2013. Acts 1968, ch. 551, § 18; 1973, ch. 73, § 2; 1978, ch. 539, § 1; T.C.A., § 14-1918; Acts 1982, ch. 730, § 16; T.C.A., § 14-23-118; Acts 1987, ch. 420, § 1; 1989, ch. 591, § 107; 1991, ch. 406, § 2; 1993, ch. 428, § 1; 2000, ch. 853, § 1; 2002, ch. 702, § 1; 2002, ch. 880, §§ 7, 10 - 13; 2004, ch. 673, § 10.
(a) The commissioner of finance and administration has the authority to enter into contracts with qualified vendors to provide to eligible recipients medical assistance allowed under § 71-5-107 . The commissioner has the authority to terminate or suspend existing contracts with providers, to refuse to enter into contracts with providers, and to recover any payments incorrectly paid if the commissioner finds that such actions will further the purpose of this section. Any action against such provider shall be treated as a contested case in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If a hearing is requested by the provider, it shall be held prior to the imposition of any of the sanctions of this subsection (a), except that upon a finding by the commissioner that the public health, safety, or welfare imperatively requires emergency action, these sanctions may be imposed pending an opportunity for the provider to request a prompt hearing. Furthermore, the commissioner has the right to set off any money incorrectly paid against any claim for money submitted by the provider pending an opportunity for a hearing. Grounds for action against providers under this subsection (a) include, but are not limited to, the following: (1) Violation of the terms of the contract; (2) Violation of any provision of this part or the rules promulgated pursuant to this part; (3) Billing for medical assistance that was not delivered; (4) Provision of medical assistance that is not medically necessary or justified; (5) Provision of medical assistance of a quality that is below professionally recognized standards; (6) Revocation or suspension of a provider's professional license or other disciplinary action by the agency regulating the profession of the provider; and (7) Failure to produce records, upon request, by authorized representatives of the commissioner as necessary to substantiate the medical assistance for which claims have been submitted.
(1) Violation of the terms of the contract;
(2) Violation of any provision of this part or the rules promulgated pursuant to this part;
(3) Billing for medical assistance that was not delivered;
(4) Provision of medical assistance that is not medically necessary or justified;
(5) Provision of medical assistance of a quality that is below professionally recognized standards;
(6) Revocation or suspension of a provider's professional license or other disciplinary action by the agency regulating the profession of the provider; and
(7) Failure to produce records, upon request, by authorized representatives of the commissioner as necessary to substantiate the medical assistance for which claims have been submitted.
(b) Without regard to any other civil or criminal liability that might attach, by operation of this section or any other law, to an enrollee or applicant's action in obtaining medical assistance or any assistance under this part, to which such person is not entitled, the bureau of TennCare shall have an administrative remedy for the recovery of the amount of any medical assistance benefits or payments improperly paid as a result of any misrepresentation made by such person, to the extent that such amount has not otherwise been recovered by the bureau. The bureau shall also have a right to recover in such administrative proceedings its reasonable costs and attorneys' fees, as well as interest on the amount owed by the person, calculated from the date that medical assistance was improperly paid. Any action against such person shall be treated as a contested case in accordance with the Uniform Administrative Procedures Act. In an administrative action under this subsection (b), the bureau shall show that the amount sought to be recovered was paid in the form of medical assistance as a result of material misrepresentation by the person against whom recovery is sought, but the bureau need not show that such misrepresentation was intentional or fraudulent.
(c) The bureau of TennCare shall report annually in writing to the judiciary committee of the senate and the criminal justice committee of the house of representatives regarding its collection activities of the estate recovery provisions of this chapter.
(d) All applicants for medical assistance under this part, and all applicants for reverification of eligibility to receive such assistance, shall receive a warning, in easily readable language, regarding the state recovery provisions, as well as the administrative, civil and criminal liability provisions of this chapter.
(e) The participating provider shall strive to process hospital presumptive eligibility applications within the first twenty-four (24) hours of the date of admission, when practicable. To the extent a participating provider fails to adhere to this standard, the bureau of TennCare may take remedial steps as allowed by federal law.
Amended by 2021 Tenn. Acts, ch. 64, s 122, eff. 3/29/2021.
Amended by 2020 Tenn. Acts, ch. 775, s 1, eff. 7/15/2020.
Amended by 2019 Tenn. Acts, ch. 345, s 136, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 43, eff. 4/19/2013.
Acts 1968, ch. 551, § 18; 1973, ch. 73, § 2; 1978, ch. 539, § 1; T.C.A., § 14-1918; Acts 1982, ch. 730, § 16; T.C.A., § 14-23-118; Acts 1987, ch. 420, § 1; 1989, ch. 591, § 107; 1991, ch. 406, § 2; 1993, ch. 428, § 1; 2000, ch. 853, § 1; 2002, ch. 702, § 1; 2002, ch. 880, §§ 7, 10 - 13; 2004, ch. 673, § 10.
Tenn. Code Ann. § 71-5-152 — TN Code / Title 71 / Chapter 5 / Section 71-5-152
Procedure to obtain data sets derived from all payer claims database - Use of data - Annual report
Status: in_force

(a) Pursuant to § 56-2-125(d)(2)(B) , and no later than October 1, 2016, the deputy commissioner of finance and administration responsible for the TennCare program shall establish a procedure permitting the following to obtain data sets derived from the all payer claims database through the department authorized to access the database for the purposes authorized in § 56-2-125(b)(1) within available resources of the bureau of TennCare: (1) The department of finance and administration; (2) The department of health; (3) The department of mental health and substance abuse services; (4) The department of disability and aging; and (5) Other departments of this state. (b) Any data retrieved from the database or the managing vendor may only be used for internal purposes of the department. The data shall be confidential and shall not be a public record for the purposes of title 10, chapter 7. If any department seeks to produce reports based upon the data as public documents, then the department shall submit a request for approval of that use of the data to the Tennessee health information committee. (c) The bureau of TennCare shall submit an annual report to the chairs of the health and welfare committee of the senate and the health committee of the house of representatives that shall describe the nature and purpose of any requests to utilize data from the all payer claims database submitted to the bureau or the health information committee. Any request for data from departments that cannot be provided within existing resources of the bureau shall be identified in this report. The report shall also describe the disposition made by the Tennessee health information committee of each request to utilize the data and shall detail how each member of the committee voted on each request. The bureau shall submit the report by January 15 each year. Amended by 2024 Tenn. Acts, ch. 688,s 182, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 64, s 124, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 138, eff. 5/10/2019. Added by 2016 Tenn. Acts, ch. 1079, s 4, eff. 7/1/2016.
(a) Pursuant to § 56-2-125(d)(2)(B) , and no later than October 1, 2016, the deputy commissioner of finance and administration responsible for the TennCare program shall establish a procedure permitting the following to obtain data sets derived from the all payer claims database through the department authorized to access the database for the purposes authorized in § 56-2-125(b)(1) within available resources of the bureau of TennCare: (1) The department of finance and administration; (2) The department of health; (3) The department of mental health and substance abuse services; (4) The department of disability and aging; and (5) Other departments of this state.
(1) The department of finance and administration;
(2) The department of health;
(3) The department of mental health and substance abuse services;
(4) The department of disability and aging; and
(5) Other departments of this state.
(b) Any data retrieved from the database or the managing vendor may only be used for internal purposes of the department. The data shall be confidential and shall not be a public record for the purposes of title 10, chapter 7. If any department seeks to produce reports based upon the data as public documents, then the department shall submit a request for approval of that use of the data to the Tennessee health information committee.
(c) The bureau of TennCare shall submit an annual report to the chairs of the health and welfare committee of the senate and the health committee of the house of representatives that shall describe the nature and purpose of any requests to utilize data from the all payer claims database submitted to the bureau or the health information committee. Any request for data from departments that cannot be provided within existing resources of the bureau shall be identified in this report. The report shall also describe the disposition made by the Tennessee health information committee of each request to utilize the data and shall detail how each member of the committee voted on each request. The bureau shall submit the report by January 15 each year.
Amended by 2024 Tenn. Acts, ch. 688,s 182, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 64, s 124, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 138, eff. 5/10/2019.
Added by 2016 Tenn. Acts, ch. 1079, s 4, eff. 7/1/2016.
Tenn. Code Ann. § 71-5-1303 — TN Code / Title 71 / Chapter 5 / Section 71-5-1303
Application for payment - Nursing home certification to department
Status: in_force

(a) An application for grant assistance program payments must be made by the individual or such individual's legally authorized representative on forms prescribed by regulations of the department of health. Such forms shall include a certification of the individual's annual income for the calendar year immediately preceding the beginning of the state fiscal year during which grant assistance will be requested, and such certification shall be made by the individual or individual's legally authorized representative. (b) Following the application, the nursing home shall provide, following the provision of service, but not less than monthly, on forms prescribed by the department, a certification to the department indicating the number of days the individual resided in the nursing home during the preceding month, the per day expense for care at the facility during that period and the source or sources of payment to defray the expense. Application information and monthly certification information is subject to verification by the department. Acts 1992, ch. 954, § 1; 1993, ch. 425, § 1.
(a) An application for grant assistance program payments must be made by the individual or such individual's legally authorized representative on forms prescribed by regulations of the department of health. Such forms shall include a certification of the individual's annual income for the calendar year immediately preceding the beginning of the state fiscal year during which grant assistance will be requested, and such certification shall be made by the individual or individual's legally authorized representative.
(b) Following the application, the nursing home shall provide, following the provision of service, but not less than monthly, on forms prescribed by the department, a certification to the department indicating the number of days the individual resided in the nursing home during the preceding month, the per day expense for care at the facility during that period and the source or sources of payment to defray the expense. Application information and monthly certification information is subject to verification by the department.
Acts 1992, ch. 954, § 1; 1993, ch. 425, § 1.
Tenn. Code Ann. § 71-3-901 — TN Code / Title 71 / Chapter 3 / Section 71-3-901
Purpose of part
Status: in_force

The purpose of this part is to invest in the self-sufficiency of temporary assistance for needy families (TANF) recipients, or successor program. Acts 1996, ch. 886, § 1.
The purpose of this part is to invest in the self-sufficiency of temporary assistance for needy families (TANF) recipients, or successor program.
Acts 1996, ch. 886, § 1.
Tenn. Code Ann. § 71-3-1003 — TN Code / Title 71 / Chapter 3 / Section 71-3-1003
Individual development accounts
Status: in_force

In the selected communities, temporary assistance for needy families (TANF) or successor program, recipients may deposit up to five thousand dollars ($5,000) in special savings accounts for career development goals for post-secondary education of themselves or their children, small business development, home ownership purposes or transportation needs. For the period the participant is eligible for the TANF program, or successor program, the individual development account (IDA) shall not be considered when computing the asset limit of the participant when determining the participant's eligibility for the TANF program, or successor program, or food stamps, as permitted by waiver from the federal departments of health and human services and agriculture. Acts 1996, ch. 989, § 3.
In the selected communities, temporary assistance for needy families (TANF) or successor program, recipients may deposit up to five thousand dollars ($5,000) in special savings accounts for career development goals for post-secondary education of themselves or their children, small business development, home ownership purposes or transportation needs. For the period the participant is eligible for the TANF program, or successor program, the individual development account (IDA) shall not be considered when computing the asset limit of the participant when determining the participant's eligibility for the TANF program, or successor program, or food stamps, as permitted by waiver from the federal departments of health and human services and agriculture.
Acts 1996, ch. 989, § 3.
Tenn. Code Ann. § 71-4-2101 — TN Code / Title 71 / Chapter 4 / Section 71-4-2101
Part definitions
Status: in_force

(1) A "deaf-blind person" means the same as an "individual who is deaf-blind" and both mean any individual: (A) (i) Who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than twenty degrees (20°), or a progressive visual loss having a prognosis leading to one (1) or both these conditions; (ii) Who has chronic hearing loss so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and (iii) For whom the combination of vision and hearing loss described in subdivisions (1)(A)(i) and (ii) cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation; (B) Who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional and performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives; or (C) Meets such other requirements as the secretary may prescribe by regulation; (2) A "deaf person" means a person whose hearing loss is total or whose hearing loss, with or without amplification, is so significant that the primary means of receiving spoken language is through visual input, including, but not limited to, speechreading, sign language, finger spelling, or writing; and (3) "Secretary" means the United States secretary of education. Amended by 2019 Tenn. Acts, ch. 329,Secs.s3, s4, s5 eff. 5/8/2019. Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013. Acts 1978, ch. 889, § 1; T.C.A., § 14-2501; Acts 1983, ch. 48, § 1; T.C.A., § 14-18-101.
(1) A "deaf-blind person" means the same as an "individual who is deaf-blind" and both mean any individual: (A) (i) Who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than twenty degrees (20°), or a progressive visual loss having a prognosis leading to one (1) or both these conditions; (ii) Who has chronic hearing loss so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and (iii) For whom the combination of vision and hearing loss described in subdivisions (1)(A)(i) and (ii) cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation; (B) Who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional and performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives; or (C) Meets such other requirements as the secretary may prescribe by regulation;
(A) (i) Who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than twenty degrees (20°), or a progressive visual loss having a prognosis leading to one (1) or both these conditions; (ii) Who has chronic hearing loss so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and (iii) For whom the combination of vision and hearing loss described in subdivisions (1)(A)(i) and (ii) cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation;
(i) Who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than twenty degrees (20°), or a progressive visual loss having a prognosis leading to one (1) or both these conditions;
(ii) Who has chronic hearing loss so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and
(iii) For whom the combination of vision and hearing loss described in subdivisions (1)(A)(i) and (ii) cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation;
(B) Who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional and performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives; or
(C) Meets such other requirements as the secretary may prescribe by regulation;
(2) A "deaf person" means a person whose hearing loss is total or whose hearing loss, with or without amplification, is so significant that the primary means of receiving spoken language is through visual input, including, but not limited to, speechreading, sign language, finger spelling, or writing; and
(3) "Secretary" means the United States secretary of education.
Amended by 2019 Tenn. Acts, ch. 329,Secs.s3, s4, s5 eff. 5/8/2019.
Amended by 2013 Tenn. Acts, ch. 455,s 1, eff. 7/1/2013.
Acts 1978, ch. 889, § 1; T.C.A., § 14-2501; Acts 1983, ch. 48, § 1; T.C.A., § 14-18-101.
Tenn. Code Ann. § 71-1-134 — TN Code / Title 71 / Chapter 1 / Section 71-1-134
License, certification or registration - Notifications - Prerequisites - Website - Electronic notifications
Status: in_force

(a) The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each applicant for a professional or occupational license, certification or registration from the department, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, guidelines, and policies setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, guidelines, and policies. (b) The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a professional or occupational license, certification or registration from the board, commission, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration. (c) The department and each board, commission, agency or other governmental entity created pursuant to this title shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity. (d) (1) The department and each board, commission, agency, or other governmental entity created pursuant to this title shall allow each holder of a professional or occupational license, certification or registration from the department, board, commission, agency or other governmental entity to have the option of being notified by electronic mail of: (A) Renewals of the holder's license, certification or registration; (B) Any fee increases; (C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and (D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable. (2) The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration. Acts 2008, ch. 1070, § 12; 2012, ch. 952, § 9.
(a) The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each applicant for a professional or occupational license, certification or registration from the department, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, guidelines, and policies setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, guidelines, and policies.
(b) The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a professional or occupational license, certification or registration from the board, commission, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration.
(c) The department and each board, commission, agency or other governmental entity created pursuant to this title shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity.
(d) (1) The department and each board, commission, agency, or other governmental entity created pursuant to this title shall allow each holder of a professional or occupational license, certification or registration from the department, board, commission, agency or other governmental entity to have the option of being notified by electronic mail of: (A) Renewals of the holder's license, certification or registration; (B) Any fee increases; (C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and (D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable. (2) The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.
(1) The department and each board, commission, agency, or other governmental entity created pursuant to this title shall allow each holder of a professional or occupational license, certification or registration from the department, board, commission, agency or other governmental entity to have the option of being notified by electronic mail of: (A) Renewals of the holder's license, certification or registration; (B) Any fee increases; (C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and (D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
(A) Renewals of the holder's license, certification or registration;
(B) Any fee increases;
(C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and
(D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
(2) The department and each board, commission, agency or other governmental entity created pursuant to this title shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.
Acts 2008, ch. 1070, § 12; 2012, ch. 952, § 9.
Tenn. Code Ann. § 71-6-206 — TN Code / Title 71 / Chapter 6 / Section 71-6-206
Prerequisites to receiving funds for child abuse prevention services
Status: in_force

To receive funds under this part for child abuse prevention services, all applicants shall show that the funds provided under this part will enable them to provide some of the following services: (1) Counseling for the prevention of child abuse; (2) Child abuse prevention self-help groups; (3) Child abuse prevention hot lines; (4) Community and direct education services on child abuse awareness; and (5) Prevention and related topics, such as parenting, coping with family stress, child development and prenatal care. Acts 1984, ch. 930, § 6; T.C.A., § 14-33-106.
To receive funds under this part for child abuse prevention services, all applicants shall show that the funds provided under this part will enable them to provide some of the following services:
(1) Counseling for the prevention of child abuse;
(2) Child abuse prevention self-help groups;
(3) Child abuse prevention hot lines;
(4) Community and direct education services on child abuse awareness; and
(5) Prevention and related topics, such as parenting, coping with family stress, child development and prenatal care.
Acts 1984, ch. 930, § 6; T.C.A., § 14-33-106.
Tenn. Code Ann. § 71-5-306 — TN Code / Title 71 / Chapter 5 / Section 71-5-306
Determination of amount of assistance
Status: in_force

The amount of assistance to which any person, household or family shall be entitled to receive in the form of food coupons, food stamps or food purchase benefits transferred electronically or by other means under this part shall be determined by measuring the income and resources of such person, household or family against the state-wide standards provided in § 71-5-304(3) and shall be approved by the area manager or the area manager's designated agent in accordance with the rules and regulations made by the department. Any amount of earned income required by federal statute 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. Acts 1971, ch. 136, § 6; 1973, ch. 337, § 5; T.C.A., §§ 14-2206, 14-27-106; Acts 1996, ch. 950, §§ 13, 16.
The amount of assistance to which any person, household or family shall be entitled to receive in the form of food coupons, food stamps or food purchase benefits transferred electronically or by other means under this part shall be determined by measuring the income and resources of such person, household or family against the state-wide standards provided in § 71-5-304(3) and shall be approved by the area manager or the area manager's designated agent in accordance with the rules and regulations made by the department. Any amount of earned income required by federal statute 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.
Acts 1971, ch. 136, § 6; 1973, ch. 337, § 5; T.C.A., §§ 14-2206, 14-27-106; Acts 1996, ch. 950, §§ 13, 16.
Tenn. Code Ann. § 71-4-204 — TN Code / Title 71 / Chapter 4 / Section 71-4-204
Purchases made by the state, governing subdivisions of the state, or public institutions
Status: in_force

All purchases made by any agency of the state, whether or not through the purchasing division of the department of general services, or by any county, municipality, or other governing subdivision of the state, or by any public institution, shall be made from an agency of the state or a nonprofit workshop for the blind in Tennessee, operating under the approval of the department of human services and the division of services for the blind. This requirement shall not apply if these products are not available within the time period provided in § 71-4-205 , or in any case where products or services are available for procurement from any agency of this state and procurement from any agency of this state is required under any provisions of any law in effect on July 1, 1977. Acts 1973, ch. 316, § 1; modified; 1977, ch. 283, § 2; T.C.A., §§ 14-646, 14-14-104.
All purchases made by any agency of the state, whether or not through the purchasing division of the department of general services, or by any county, municipality, or other governing subdivision of the state, or by any public institution, shall be made from an agency of the state or a nonprofit workshop for the blind in Tennessee, operating under the approval of the department of human services and the division of services for the blind. This requirement shall not apply if these products are not available within the time period provided in § 71-4-205 , or in any case where products or services are available for procurement from any agency of this state and procurement from any agency of this state is required under any provisions of any law in effect on July 1, 1977.
Acts 1973, ch. 316, § 1; modified; 1977, ch. 283, § 2; T.C.A., §§ 14-646, 14-14-104.
Tenn. Code Ann. § 71-2-412 — TN Code / Title 71 / Chapter 2 / Section 71-2-412
Rules and regulations
Status: in_force

(a) The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) All rules and regulations promulgated to effectuate the purposes of this part shall also be reviewed by the health and welfare committee of the senate and the health committee of the house of representatives. (c) Notwithstanding any law to the contrary, the commissioner shall have the authority to amend the rules for licensure of adult day care by entities contracted to provide medicaid-reimbursed home- and community-based services pursuant to chapter 5, part 14 of this title, as needed to be consistent with the home- and community-based settings final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014), including the authority to differentiate licensure requirements for any entity contracted to provide medicaid-reimbursed home- and community-based services pursuant to chapter 5, part 14 of this title, in order to allow the facility or entity to comply with the federal rule and continue to receive medicaid reimbursement for home- and community-based services. Rules adopted by the department under this subsection (c) shall be developed with input from stakeholders and promulgated in accordance with the Uniform Administrative Procedures Act; provided, however, that the department shall not promulgate emergency rules under this subsection (c) as defined in § 4-5-208 . Licensure survey and enforcement shall be conducted in a manner consistent with any rule issued under this subsection (c). Amended by 2015 Tenn. Acts, ch. 153,s 3, eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 236,s 59, eff. 4/19/2013. Acts 1996, ch. 1058, § 15; T.C.A., § 71-2-414 ; Acts 2000, ch. 981, § 72.
(a) The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) All rules and regulations promulgated to effectuate the purposes of this part shall also be reviewed by the health and welfare committee of the senate and the health committee of the house of representatives.
(c) Notwithstanding any law to the contrary, the commissioner shall have the authority to amend the rules for licensure of adult day care by entities contracted to provide medicaid-reimbursed home- and community-based services pursuant to chapter 5, part 14 of this title, as needed to be consistent with the home- and community-based settings final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014), including the authority to differentiate licensure requirements for any entity contracted to provide medicaid-reimbursed home- and community-based services pursuant to chapter 5, part 14 of this title, in order to allow the facility or entity to comply with the federal rule and continue to receive medicaid reimbursement for home- and community-based services. Rules adopted by the department under this subsection (c) shall be developed with input from stakeholders and promulgated in accordance with the Uniform Administrative Procedures Act; provided, however, that the department shall not promulgate emergency rules under this subsection (c) as defined in § 4-5-208 . Licensure survey and enforcement shall be conducted in a manner consistent with any rule issued under this subsection (c).
Amended by 2015 Tenn. Acts, ch. 153,s 3, eff. 4/17/2015.
Amended by 2013 Tenn. Acts, ch. 236,s 59, eff. 4/19/2013.
Acts 1996, ch. 1058, § 15; T.C.A., § 71-2-414 ; Acts 2000, ch. 981, § 72.
Tenn. Code Ann. § 71-5-2107 — TN Code / Title 71 / Chapter 5 / Section 71-5-2107
Replacement of superintendent
Status: in_force

The commissioners may remove the superintendent whenever they think the good of the establishment requires it, and may fill the vacancy. Code 1858, § 1610 (deriv. Acts 1827 Private, ch. 112, § 8); Shan., § 2694; Code 1932, § 4811; T.C.A. (orig. ed.), §§ 14-807, 14-20-107.
The commissioners may remove the superintendent whenever they think the good of the establishment requires it, and may fill the vacancy.
Code 1858, § 1610 (deriv. Acts 1827 Private, ch. 112, § 8); Shan., § 2694; Code 1932, § 4811; T.C.A. (orig. ed.), §§ 14-807, 14-20-107.
Tenn. Code Ann. § 71-4-601 — TN Code / Title 71 / Chapter 4 / Section 71-4-601
Short title
Status: in_force

This part may be cited as the "Vocational Rehabilitation of the Blind Law." Acts 1955, ch. 243, § 1; T.C.A., §§ 14-625, 14-14-401.
This part may be cited as the "Vocational Rehabilitation of the Blind Law."
Acts 1955, ch. 243, § 1; T.C.A., §§ 14-625, 14-14-401.
Tenn. Code Ann. § 71-6-201 — TN Code / Title 71 / Chapter 6 / Section 71-6-201
Programs established - Funding
Status: in_force

(a) There are hereby established programs for the establishment and funding of family violence shelters and shelter services and child abuse prevention services. The program for the establishment of family violence shelters and shelter services shall be administered by the department of finance and administration. The program for the establishment of child abuse prevention services shall be administered by the department of children's services. Any reference to the department of human services in any existing statute, regulation, executive order, or contract relating to the administration of these programs shall be deemed to be a reference to the department that has jurisdiction over these programs pursuant to this section. This section does not change the agencies designated to receive certain reports under § 71-6-204 . (b) Funding for such programs shall be limited to the amounts provided in the general appropriations act. Acts 1984, ch. 930, § 1; T.C.A., § 14-33-101; Acts 2002, ch. 697, § 1.
(a) There are hereby established programs for the establishment and funding of family violence shelters and shelter services and child abuse prevention services. The program for the establishment of family violence shelters and shelter services shall be administered by the department of finance and administration. The program for the establishment of child abuse prevention services shall be administered by the department of children's services. Any reference to the department of human services in any existing statute, regulation, executive order, or contract relating to the administration of these programs shall be deemed to be a reference to the department that has jurisdiction over these programs pursuant to this section. This section does not change the agencies designated to receive certain reports under § 71-6-204 .
(b) Funding for such programs shall be limited to the amounts provided in the general appropriations act.
Acts 1984, ch. 930, § 1; T.C.A., § 14-33-101; Acts 2002, ch. 697, § 1.
Tenn. Code Ann. § 71-5-1423 — TN Code / Title 71 / Chapter 5 / Section 71-5-1423
Hearing on resident's appeal of involuntary discharge from facility - Timeframe for hearing and final order
Status: in_force

If a resident appeals the facility's notice of involuntary discharge to that resident and a hearing is requested pursuant to 42 C.F.R. § 431.220(a)(3) before the bureau of TennCare: (1) The hearing shall be conducted and a final order rendered within ninety (90) days from the date of the resident's appeal of the facility's involuntary discharge notice; (2) The timeframe specified in subdivision (1) may be extended or continued with the consent of both the facility and the resident; and (3) The timeframe specified in subdivision (1) may be extended by the presiding administrative law judge without the consent of the facility, but only after a showing by the resident, or the resident's representative, that the resident faces a substantial threat of irreparable damage or injury if a continuance is not granted. Added by 2014 Tenn. Acts, ch. 911,s 1, eff. 5/13/2014.
If a resident appeals the facility's notice of involuntary discharge to that resident and a hearing is requested pursuant to 42 C.F.R. § 431.220(a)(3) before the bureau of TennCare:
(1) The hearing shall be conducted and a final order rendered within ninety (90) days from the date of the resident's appeal of the facility's involuntary discharge notice;
(2) The timeframe specified in subdivision (1) may be extended or continued with the consent of both the facility and the resident; and
(3) The timeframe specified in subdivision (1) may be extended by the presiding administrative law judge without the consent of the facility, but only after a showing by the resident, or the resident's representative, that the resident faces a substantial threat of irreparable damage or injury if a continuance is not granted.
Added by 2014 Tenn. Acts, ch. 911,s 1, eff. 5/13/2014.
Tenn. Code Ann. § 71-4-2301 — TN Code / Title 71 / Chapter 4 / Section 71-4-2301
Part definitions
Status: in_force

As used in this part: (1) "Authorized complex rehabilitation technology supplier" means a seller of complex rehabilitation technology that supplies products and services for complex rehabilitation technology equipment; (2) "Complex rehabilitation technology": (A) Has the same meaning as defined in § 71-5-159 ; and (B) Includes a manual wheelchair; (3) "Manual wheelchair": (A) Has the same meaning as described in § 71-5-159(a)(1) ; and (B) Includes a nonpower, specialized, and medically necessary wheelchair; (4) "Preventative maintenance" means an assessment of a complex rehabilitation technology and its use by an authorized technician working on behalf of an authorized complex rehabilitation technology supplier, including an assessment of: (A) The physical condition of the complex rehabilitation technology; and (B) Any needed repairs that the authorized technician is able to complete; (5) "Repair" means the repair or replacement of a deficient, broken, or otherwise malfunctioning part, component, hardware, or software, when the deficient, broken, or otherwise malfunctioning state of such part, component, hardware, or software results in the incapacity of or otherwise diminished capacity for use of a complex rehabilitation technology; and (6) "TennCare program": (A) Means the medical assistance program provided for in title 71, chapter 5, or a successor program; and (B) Includes the CoverKids program provided for in title 71, chapter 3, part 11. Added by 2024 Tenn. Acts, ch. 1050,s 2, eff. 7/1/2024.
As used in this part:
(1) "Authorized complex rehabilitation technology supplier" means a seller of complex rehabilitation technology that supplies products and services for complex rehabilitation technology equipment;
(2) "Complex rehabilitation technology": (A) Has the same meaning as defined in § 71-5-159 ; and (B) Includes a manual wheelchair;
(A) Has the same meaning as defined in § 71-5-159 ; and
(B) Includes a manual wheelchair;
(3) "Manual wheelchair": (A) Has the same meaning as described in § 71-5-159(a)(1) ; and (B) Includes a nonpower, specialized, and medically necessary wheelchair;
(A) Has the same meaning as described in § 71-5-159(a)(1) ; and
(B) Includes a nonpower, specialized, and medically necessary wheelchair;
(4) "Preventative maintenance" means an assessment of a complex rehabilitation technology and its use by an authorized technician working on behalf of an authorized complex rehabilitation technology supplier, including an assessment of: (A) The physical condition of the complex rehabilitation technology; and (B) Any needed repairs that the authorized technician is able to complete;
(A) The physical condition of the complex rehabilitation technology; and
(B) Any needed repairs that the authorized technician is able to complete;
(5) "Repair" means the repair or replacement of a deficient, broken, or otherwise malfunctioning part, component, hardware, or software, when the deficient, broken, or otherwise malfunctioning state of such part, component, hardware, or software results in the incapacity of or otherwise diminished capacity for use of a complex rehabilitation technology; and
(6) "TennCare program": (A) Means the medical assistance program provided for in title 71, chapter 5, or a successor program; and (B) Includes the CoverKids program provided for in title 71, chapter 3, part 11.
(A) Means the medical assistance program provided for in title 71, chapter 5, or a successor program; and
(B) Includes the CoverKids program provided for in title 71, chapter 3, part 11.
Added by 2024 Tenn. Acts, ch. 1050,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 71-3-907 — TN Code / Title 71 / Chapter 3 / Section 71-3-907
Program dependent on federal waivers
Status: in_force

The program is dependent on the availability of appropriate waivers from the federal departments of health and human services and agriculture, for which the department of human services is authorized to make application. Acts 1996, ch. 886, § 7.
The program is dependent on the availability of appropriate waivers from the federal departments of health and human services and agriculture, for which the department of human services is authorized to make application.
Acts 1996, ch. 886, § 7.
Tenn. Code Ann. § 71-4-1110 — TN Code / Title 71 / Chapter 4 / Section 71-4-1110
Removal of recipient from county
Status: in_force

Any recipient who moves to another county in this state shall be entitled with the approval of the department to receive assistance in the county to which the recipient has moved, and the regional director, or a designated agent, of the county from which the recipient has moved shall transfer all necessary records relating to the recipient to the regional director, or a designated agent, of the county to which the recipient has moved. Acts 1953, ch. 16, § 12 (Williams, § 4765.164); T.C.A. (orig. ed.), §§ 14-415, 14-16-110.
Any recipient who moves to another county in this state shall be entitled with the approval of the department to receive assistance in the county to which the recipient has moved, and the regional director, or a designated agent, of the county from which the recipient has moved shall transfer all necessary records relating to the recipient to the regional director, or a designated agent, of the county to which the recipient has moved.
Acts 1953, ch. 16, § 12 (Williams, § 4765.164); T.C.A. (orig. ed.), §§ 14-415, 14-16-110.
Tenn. Code Ann. § 71-4-117 — TN Code / Title 71 / Chapter 4 / Section 71-4-117
Assignment of benefits - Exemption
Status: in_force

Assistance granted under this part shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law. Acts 1937, ch. 51, § 9; 1937, ch. 51, § 20-a, as added by Acts 1941, ch. 38, § 1; C. Supp. 1950, § 4765.66 (Williams, §§ 4765.65, 4765.74a); T.C.A. (orig. ed.), §§ 14-524, 14-13-117.
Assistance granted under this part shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.
Acts 1937, ch. 51, § 9; 1937, ch. 51, § 20-a, as added by Acts 1941, ch. 38, § 1; C. Supp. 1950, § 4765.66 (Williams, §§ 4765.65, 4765.74a); T.C.A. (orig. ed.), §§ 14-524, 14-13-117.
Tenn. Code Ann. § 71-1-108 — TN Code / Title 71 / Chapter 1 / Section 71-1-108
Authority over personnel
Status: in_force

The commissioner has the power, having regard to the efficient performance of the department's functions, to create positions in the department and in any division, region, agency, institution or service of the department for the accomplishment of the purposes of this part and to abolish these positions and the existing positions of officers and employees who by this part are transferred to the department. The positions in the department shall be classified by the commissioner according to the nature of the duties to be performed and the minimum qualifications for appointment, and such appointments shall be made on a merit basis. The commissioner, having regard to the nature of the services to be performed and the salaries paid for similar work elsewhere, shall establish a salary range for each class of position and within such salary range shall provide by rule for recognition of efficiency of service and length of service. All matters relating to personnel of the department shall be handled in accordance with, and under rules and regulations promulgated pursuant to authority of, title 8, chapter 30, parts 2 and 3. Acts 1937, ch. 48, § 10; C. Supp. 1950, § 4765.13 (Williams, § 4765.10); T.C.A. (orig. ed.), §§ 14-108, 14-1-108.
The commissioner has the power, having regard to the efficient performance of the department's functions, to create positions in the department and in any division, region, agency, institution or service of the department for the accomplishment of the purposes of this part and to abolish these positions and the existing positions of officers and employees who by this part are transferred to the department. The positions in the department shall be classified by the commissioner according to the nature of the duties to be performed and the minimum qualifications for appointment, and such appointments shall be made on a merit basis. The commissioner, having regard to the nature of the services to be performed and the salaries paid for similar work elsewhere, shall establish a salary range for each class of position and within such salary range shall provide by rule for recognition of efficiency of service and length of service. All matters relating to personnel of the department shall be handled in accordance with, and under rules and regulations promulgated pursuant to authority of, title 8, chapter 30, parts 2 and 3.
Acts 1937, ch. 48, § 10; C. Supp. 1950, § 4765.13 (Williams, § 4765.10); T.C.A. (orig. ed.), §§ 14-108, 14-1-108.
Tenn. Code Ann. § 71-5-2513 — TN Code / Title 71 / Chapter 5 / Section 71-5-2513
Legislative intent
Status: in_force

The general assembly recognizes that data mining is an important tool that should be used for the detection of fraud and abuse in the TennCare program; therefore, it is the intention of the general assembly that: (1) The office of inspector general shall engage in data mining relating to the receipt of medical assistance and any assistance paid for by TennCare on behalf of recipients, for the purpose of detecting fraud or abuse by recipients; (2) The inspector general shall have prompt, continuing, and effective access to all such data in a manner that will permit effective data mining for these purposes without imposing unduly burdensome or oppressive requirements on persons or entities that provide medical assistance or any assistance paid for by TennCare; and (3) Data mining by the office of the inspector general is not intended to alter the requirements under Title XIX of the federal Social Security Act ( 42 U.S.C. § 1395 et seq.), including, but not limited to, the requirements that the single state agency designated to administer the medicaid program must have methods and criteria for identifying suspected fraud cases, must have a method for verifying whether services billed were received, and must cooperate with the state's medicaid fraud control unit. Acts 2006, ch. 1010, § 1.
The general assembly recognizes that data mining is an important tool that should be used for the detection of fraud and abuse in the TennCare program; therefore, it is the intention of the general assembly that:
(1) The office of inspector general shall engage in data mining relating to the receipt of medical assistance and any assistance paid for by TennCare on behalf of recipients, for the purpose of detecting fraud or abuse by recipients;
(2) The inspector general shall have prompt, continuing, and effective access to all such data in a manner that will permit effective data mining for these purposes without imposing unduly burdensome or oppressive requirements on persons or entities that provide medical assistance or any assistance paid for by TennCare; and
(3) Data mining by the office of the inspector general is not intended to alter the requirements under Title XIX of the federal Social Security Act ( 42 U.S.C. § 1395 et seq.), including, but not limited to, the requirements that the single state agency designated to administer the medicaid program must have methods and criteria for identifying suspected fraud cases, must have a method for verifying whether services billed were received, and must cooperate with the state's medicaid fraud control unit.
Acts 2006, ch. 1010, § 1.
Tenn. Code Ann. § 71-4-701 — TN Code / Title 71 / Chapter 4 / Section 71-4-701
Purpose - Applicability
Status: in_force

(a) The purpose of this part is to further the policy of the state to encourage and assist individuals with severe disabilities to achieve maximum personal independence through useful, productive, and gainful employment by assuring expanded competitive integrated employment opportunities, thereby enhancing their dignity and capacity for self-support and realizing independence and self-sufficiency. (b) This part applies to all governmental entities that are supported in whole or in part by the general assembly. Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020. Acts 1991, ch. 499, § 1; 1996, ch. 827, § 1.
(a) The purpose of this part is to further the policy of the state to encourage and assist individuals with severe disabilities to achieve maximum personal independence through useful, productive, and gainful employment by assuring expanded competitive integrated employment opportunities, thereby enhancing their dignity and capacity for self-support and realizing independence and self-sufficiency.
(b) This part applies to all governmental entities that are supported in whole or in part by the general assembly.
Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020.
Acts 1991, ch. 499, § 1; 1996, ch. 827, § 1.
Tenn. Code Ann. § 71-2-205 — TN Code / Title 71 / Chapter 2 / Section 71-2-205
Duties of department
Status: in_force

The department shall: (1) Supervise the administration of assistance to the needy aged under this part by the regional directors; (2) Make such rules and regulations and take such action as may be necessary or desirable for carrying out this part. All rules and regulations made by the department shall be binding on the counties and shall be complied with by the respective regional directors; (3) Establish standards for personnel employed by the department in the administration of this part and make necessary rules and regulations to maintain such standards; (4) Prepare and supply to the regional directors such forms as it may deem necessary and advisable; (5) Cooperate with the commissioner of social security, or any federal officer or agency made successor to the commissioner of social security, in any reasonable manner as may be necessary to qualify for federal aid for assistance to the needy aged and in conformity with this part, including the making of such reports in such forms and containing such information as the commissioner of social security may from time to time require, and comply with such provisions as such commissioner may from time to time find necessary to assure the correctness and verification of such reports; and (6) Publish an annual report and such interim reports as may be necessary. Acts 1937, ch. 49, § 4; C. Supp. 1950, § 4765.21 (Williams, § 4765.20); modified; Acts 1973, ch. 303, § 13; T.C.A. (orig. ed.), §§ 14-206, 14-2-105.
The department shall:
(1) Supervise the administration of assistance to the needy aged under this part by the regional directors;
(2) Make such rules and regulations and take such action as may be necessary or desirable for carrying out this part. All rules and regulations made by the department shall be binding on the counties and shall be complied with by the respective regional directors;
(3) Establish standards for personnel employed by the department in the administration of this part and make necessary rules and regulations to maintain such standards;
(4) Prepare and supply to the regional directors such forms as it may deem necessary and advisable;
(5) Cooperate with the commissioner of social security, or any federal officer or agency made successor to the commissioner of social security, in any reasonable manner as may be necessary to qualify for federal aid for assistance to the needy aged and in conformity with this part, including the making of such reports in such forms and containing such information as the commissioner of social security may from time to time require, and comply with such provisions as such commissioner may from time to time find necessary to assure the correctness and verification of such reports; and
(6) Publish an annual report and such interim reports as may be necessary.
Acts 1937, ch. 49, § 4; C. Supp. 1950, § 4765.21 (Williams, § 4765.20); modified; Acts 1973, ch. 303, § 13; T.C.A. (orig. ed.), §§ 14-206, 14-2-105.
Tenn. Code Ann. § 71-3-1109 — TN Code / Title 71 / Chapter 3 / Section 71-3-1109
[Effective until 6/30/2025. See T.C.A. 71-3-1113] Duty and authority to review and audit expenditures
Status: in_force

The commissioner of finance and administration and the comptroller of the treasury have the duty and authority to review and audit such expenditure of funds as may be made under this part. Nothing in this section shall limit the authority of the commissioner of finance and administration to ensure that program expenditures are maintained within legislative appropriations. Acts 2006, ch. 867, § 7.
The commissioner of finance and administration and the comptroller of the treasury have the duty and authority to review and audit such expenditure of funds as may be made under this part. Nothing in this section shall limit the authority of the commissioner of finance and administration to ensure that program expenditures are maintained within legislative appropriations.
Acts 2006, ch. 867, § 7.
Tenn. Code Ann. § 71-1-101 — TN Code / Title 71 / Chapter 1 / Section 71-1-101
Short title
Status: in_force

This part may be cited as the "Welfare Organization Law of 1937." Acts 1937, ch. 48, § 15; C. Supp. 1950, § 4765.1 (Williams, § 4765.15); T.C.A. (orig. ed.), §§ 14-101, 14-1-101.
This part may be cited as the "Welfare Organization Law of 1937."
Acts 1937, ch. 48, § 15; C. Supp. 1950, § 4765.1 (Williams, § 4765.15); T.C.A. (orig. ed.), §§ 14-101, 14-1-101.
Tenn. Code Ann. § 71-5-2103 — TN Code / Title 71 / Chapter 5 / Section 71-5-2103
Appointment of commissioners
Status: in_force

The county legislative body shall appoint three (3) commissioners to select the site, and to contract for and superintend the necessary buildings, upon such plan and under such rules and regulations as the legislative body may prescribe. Code 1858, § 1596 (deriv. Acts 1826 Private, ch. 56, § 2); Shan., § 2680; Code 1932, § 4794; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-803, 14-20-103.
The county legislative body shall appoint three (3) commissioners to select the site, and to contract for and superintend the necessary buildings, upon such plan and under such rules and regulations as the legislative body may prescribe.
Code 1858, § 1596 (deriv. Acts 1826 Private, ch. 56, § 2); Shan., § 2680; Code 1932, § 4794; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-803, 14-20-103.
Tenn. Code Ann. § 71-5-2520 — TN Code / Title 71 / Chapter 5 / Section 71-5-2520
Collections of penalties, fees and costs
Status: in_force

(a) All funds collected as civil penalties, attorney's fees, costs, or costs of investigation by the inspector general, pursuant to this part or part 26, shall be deposited by the state treasurer in a separate account exclusively for the use of that office to defray the expenses of continued operations involving recipient fraud and abuse, including, but not limited to, data mining, litigation, criminal investigation and prosecution, civil and administrative recovery, undercover operations involving recipient fraud, and training and equipment for employees; provided, that no part of the funds shall be used to supplement salaries of any public employee or law enforcement officer. (b) Funds collected pursuant to §§ 71-5-2513 - 71-5-2521 may not supplant other state funds or appropriations. Any fund balance remaining unexpended at the end of a fiscal year in the account shall be carried forward into the subsequent fiscal year. No part of the fund shall be diverted to the general fund or any other public fund. Acts 2006, ch. 1010, § 1.
(a) All funds collected as civil penalties, attorney's fees, costs, or costs of investigation by the inspector general, pursuant to this part or part 26, shall be deposited by the state treasurer in a separate account exclusively for the use of that office to defray the expenses of continued operations involving recipient fraud and abuse, including, but not limited to, data mining, litigation, criminal investigation and prosecution, civil and administrative recovery, undercover operations involving recipient fraud, and training and equipment for employees; provided, that no part of the funds shall be used to supplement salaries of any public employee or law enforcement officer.
(b) Funds collected pursuant to §§ 71-5-2513 - 71-5-2521 may not supplant other state funds or appropriations. Any fund balance remaining unexpended at the end of a fiscal year in the account shall be carried forward into the subsequent fiscal year. No part of the fund shall be diverted to the general fund or any other public fund.
Acts 2006, ch. 1010, § 1.
Tenn. Code Ann. § 71-5-315 — TN Code / Title 71 / Chapter 5 / Section 71-5-315
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, § 7.
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, § 7.
Tenn. Code Ann. § 71-5-171 — TN Code / Title 71 / Chapter 5 / Section 71-5-171
Mental health services - Mandatory coverage and reimbursement
Status: in_force

(a) As used in this section: (1) "Health benefit plan" means a plan of health insurance coverage under the medical assistance program; (2) "Health insurance carrier": (A) Means an entity subject to title 56, or subject to the jurisdiction of the commissioner of commerce and insurance, that contracts with healthcare providers in connection with a plan of health insurance, health benefits, or health services; and (B) Includes a vendor or an entity that provides a health benefit plan of coverage under TennCare or a successor program provided for pursuant to this chapter; and (3) "TennCare health benefit plan" means a health benefit plan issued by a health insurance carrier pursuant to an agreement with the bureau of TennCare to provide health insurance coverage for an enrollee in the medical assistance program. (b) Notwithstanding another law to the contrary, a TennCare health benefit plan issued by a health insurance carrier must provide coverage and reimbursement for mental health services and treatment to the same extent that the TennCare health benefit plan provides coverage and reimbursement for the treatment of alcoholism and drug dependence. Added by 2024 Tenn. Acts, ch. 949,s 1, eff. 7/1/2024.
(a) As used in this section: (1) "Health benefit plan" means a plan of health insurance coverage under the medical assistance program; (2) "Health insurance carrier": (A) Means an entity subject to title 56, or subject to the jurisdiction of the commissioner of commerce and insurance, that contracts with healthcare providers in connection with a plan of health insurance, health benefits, or health services; and (B) Includes a vendor or an entity that provides a health benefit plan of coverage under TennCare or a successor program provided for pursuant to this chapter; and (3) "TennCare health benefit plan" means a health benefit plan issued by a health insurance carrier pursuant to an agreement with the bureau of TennCare to provide health insurance coverage for an enrollee in the medical assistance program.
(1) "Health benefit plan" means a plan of health insurance coverage under the medical assistance program;
(2) "Health insurance carrier": (A) Means an entity subject to title 56, or subject to the jurisdiction of the commissioner of commerce and insurance, that contracts with healthcare providers in connection with a plan of health insurance, health benefits, or health services; and (B) Includes a vendor or an entity that provides a health benefit plan of coverage under TennCare or a successor program provided for pursuant to this chapter; and
(A) Means an entity subject to title 56, or subject to the jurisdiction of the commissioner of commerce and insurance, that contracts with healthcare providers in connection with a plan of health insurance, health benefits, or health services; and
(B) Includes a vendor or an entity that provides a health benefit plan of coverage under TennCare or a successor program provided for pursuant to this chapter; and
(3) "TennCare health benefit plan" means a health benefit plan issued by a health insurance carrier pursuant to an agreement with the bureau of TennCare to provide health insurance coverage for an enrollee in the medical assistance program.
(b) Notwithstanding another law to the contrary, a TennCare health benefit plan issued by a health insurance carrier must provide coverage and reimbursement for mental health services and treatment to the same extent that the TennCare health benefit plan provides coverage and reimbursement for the treatment of alcoholism and drug dependence.
Added by 2024 Tenn. Acts, ch. 949,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 71-5-2403 — TN Code / Title 71 / Chapter 5 / Section 71-5-2403
Conflicts of interest - Compensation
Status: in_force

(a) Members of the state TennCare pharmacy advisory committee shall not enter any financial relationships with pharmaceutical manufacturers or their affiliates during their tenure on the state TennCare pharmacy advisory committee. A member shall not entertain individual lobbying or marketing, or participate in any other activity or discussions with pharmaceutical manufacturers or their representatives for the purpose of influencing the preferred drug list (PDL) that would call into question the member's impartiality in determining drugs to recommend for inclusion on a state PDL. Nothing in this subsection (a) shall prohibit a member from engaging in common business practices or prohibit communications to or from the member that occur in the ordinary course of the member's business or professional activities. (b) A conflict of interest exists when the member has a significant personal, professional, or monetary interest in a matter under consideration by the state TennCare pharmacy advisory committee. Persons being considered for membership on the state TennCare pharmacy advisory committee shall disclose if they have a real or apparent conflict of interest. Conflicts of interest may include, but shall not be limited to, being the recipient of a grant, hired as a consultant, being part of a speakers bureau, a major stock holder, or the recipient of other financial support from an organization likely to benefit financially from the outcome of the state TennCare pharmacy advisory committee's work. (c) Members shall dispose of matters before the committee in an unbiased and professional manner. In the event that a matter being considered by the committee presents a real or apparent conflict of interest, such members shall disclose the conflict to the chair and recuse themselves from any official action on the matter. (d) Members shall receive no compensation for their service on the state TennCare pharmacy advisory committee but may be reimbursed for those expenses allowed by the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 2003, ch. 350, § 1.
(a) Members of the state TennCare pharmacy advisory committee shall not enter any financial relationships with pharmaceutical manufacturers or their affiliates during their tenure on the state TennCare pharmacy advisory committee. A member shall not entertain individual lobbying or marketing, or participate in any other activity or discussions with pharmaceutical manufacturers or their representatives for the purpose of influencing the preferred drug list (PDL) that would call into question the member's impartiality in determining drugs to recommend for inclusion on a state PDL. Nothing in this subsection (a) shall prohibit a member from engaging in common business practices or prohibit communications to or from the member that occur in the ordinary course of the member's business or professional activities.
(b) A conflict of interest exists when the member has a significant personal, professional, or monetary interest in a matter under consideration by the state TennCare pharmacy advisory committee. Persons being considered for membership on the state TennCare pharmacy advisory committee shall disclose if they have a real or apparent conflict of interest. Conflicts of interest may include, but shall not be limited to, being the recipient of a grant, hired as a consultant, being part of a speakers bureau, a major stock holder, or the recipient of other financial support from an organization likely to benefit financially from the outcome of the state TennCare pharmacy advisory committee's work.
(c) Members shall dispose of matters before the committee in an unbiased and professional manner. In the event that a matter being considered by the committee presents a real or apparent conflict of interest, such members shall disclose the conflict to the chair and recuse themselves from any official action on the matter.
(d) Members shall receive no compensation for their service on the state TennCare pharmacy advisory committee but may be reimbursed for those expenses allowed by the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 2003, ch. 350, § 1.
Tenn. Code Ann. § 71-1-126 — TN Code / Title 71 / Chapter 1 / Section 71-1-126
Review of state medicaid program
Status: in_force

The commissioner of finance and administration is hereby directed to begin the process of reviewing, for the purposes of reforming, the state's medicaid program. Such review shall include reviewing managed care programs and applying for needed federal waivers as well as the development of plans for consideration by the governor and the general assembly outlining options the state has under federal law concerning, but not limited to, eligibility, scope and duration of services, optional services, and rate structures. The governor is hereby authorized to appoint committees, as the governor deems appropriate, to assist in the overall review of the medicaid program, it being the legislative intent that the state of Tennessee develop a medicaid program that can continue to provide the necessary health care services to those appropriately in need at a cost that can be supported within existing sources of revenue. Amended by 2016 Tenn. Acts, ch. 797,Secs.s6, s7 eff. 4/14/2016. Amended by 2013 Tenn. Acts, ch. 236,s 62, eff. 4/19/2013. Acts 1992, ch. 913, § 19; 2010, ch. 1030, § 18.
The commissioner of finance and administration is hereby directed to begin the process of reviewing, for the purposes of reforming, the state's medicaid program. Such review shall include reviewing managed care programs and applying for needed federal waivers as well as the development of plans for consideration by the governor and the general assembly outlining options the state has under federal law concerning, but not limited to, eligibility, scope and duration of services, optional services, and rate structures. The governor is hereby authorized to appoint committees, as the governor deems appropriate, to assist in the overall review of the medicaid program, it being the legislative intent that the state of Tennessee develop a medicaid program that can continue to provide the necessary health care services to those appropriately in need at a cost that can be supported within existing sources of revenue.
Amended by 2016 Tenn. Acts, ch. 797,Secs.s6, s7 eff. 4/14/2016.
Amended by 2013 Tenn. Acts, ch. 236,s 62, eff. 4/19/2013.
Acts 1992, ch. 913, § 19; 2010, ch. 1030, § 18.
Tenn. Code Ann. § 71-5-1202 — TN Code / Title 71 / Chapter 5 / Section 71-5-1202
Families first community grants program
Status: in_force

(a) The department shall begin accepting grant applications from eligible nonprofit organizations and other qualified entities, distributed proportionally across the three (3) grand divisions of the state to the extent possible, for programs to provide services to families and individuals eligible for the TANF program and in furtherance of the four (4) purposes of the TANF program. (b) The department must award community grants in amounts not to exceed fifty million dollars ($50,000,000), subject to appropriations in the general appropriations act, using funds from the department's existing surplus reserve of TANF funds. (c) The department is authorized to select community intermediaries and external compliance partners to assist in outreach and marketing, evaluation of grant proposals, administration of the grant program funding, and monitoring to ensure compliance with applicable state and federal requirements; provided, that the costs of these activities do not exceed the amount of federal TANF funds available for those purposes. Amended by 2021 Tenn. Acts, ch. 515, s 4, eff. 7/1/2021. Acts 1996, ch. 950, § 27; 1999, ch. 388, § 1.
(a) The department shall begin accepting grant applications from eligible nonprofit organizations and other qualified entities, distributed proportionally across the three (3) grand divisions of the state to the extent possible, for programs to provide services to families and individuals eligible for the TANF program and in furtherance of the four (4) purposes of the TANF program.
(b) The department must award community grants in amounts not to exceed fifty million dollars ($50,000,000), subject to appropriations in the general appropriations act, using funds from the department's existing surplus reserve of TANF funds.
(c) The department is authorized to select community intermediaries and external compliance partners to assist in outreach and marketing, evaluation of grant proposals, administration of the grant program funding, and monitoring to ensure compliance with applicable state and federal requirements; provided, that the costs of these activities do not exceed the amount of federal TANF funds available for those purposes.
Amended by 2021 Tenn. Acts, ch. 515, s 4, eff. 7/1/2021.
Acts 1996, ch. 950, § 27; 1999, ch. 388, § 1.
Tenn. Code Ann. § 71-4-509 — TN Code / Title 71 / Chapter 4 / Section 71-4-509
Proceeds set aside for blind vendors
Status: in_force

(a) After considering the recommendation from the committee of blind vendors, the department shall set aside or cause to be set aside a percentage of the net proceeds of the vending facilities in a reasonable amount not to exceed fifteen percent (15%) of their net income and pursuant to a schedule approved by the United States secretary of education. Such funds shall be expended on behalf of blind vendors only for purposes specified by regulations promulgated in accordance with the Randolph-Sheppard Act ( 20 U.S.C. §§ 107 - 107f ). (b) All funds set aside pursuant to subsection (a) and funds in the account for unassigned funds established for the blind vendors program, and all other revenue, except funds appropriated by the state or matching federal funds, shall be invested by the state treasurer pursuant to § 9-4-603 , for the benefit of those funds. Acts 1994, ch. 723, § 2.
(a) After considering the recommendation from the committee of blind vendors, the department shall set aside or cause to be set aside a percentage of the net proceeds of the vending facilities in a reasonable amount not to exceed fifteen percent (15%) of their net income and pursuant to a schedule approved by the United States secretary of education. Such funds shall be expended on behalf of blind vendors only for purposes specified by regulations promulgated in accordance with the Randolph-Sheppard Act ( 20 U.S.C. §§ 107 - 107f ).
(b) All funds set aside pursuant to subsection (a) and funds in the account for unassigned funds established for the blind vendors program, and all other revenue, except funds appropriated by the state or matching federal funds, shall be invested by the state treasurer pursuant to § 9-4-603 , for the benefit of those funds.
Acts 1994, ch. 723, § 2.
Tenn. Code Ann. § 71-5-704 — TN Code / Title 71 / Chapter 5 / Section 71-5-704
Program establishment
Status: in_force

(a) On or before January 1, 2025, the bureau shall establish a buy-in program for working individuals with disabilities that enables such individuals to access health insurance coverage through the medical assistance program, including as a supplement to employer-sponsored coverage. (b) In establishing the buy-in program, the bureau: (1) Shall establish cost-sharing requirements for the buy-in program in accordance with federal law and this part; (2) Shall establish and modify eligibility and cost-sharing requirements in order to administer the program within available funds; (3) Shall not establish eligibility restrictions for the buy-in program based upon a person's income, resources, or maximum age; (4) May consider, when applicable, a person's income, excluding spousal income or assets, when establishing cost-sharing requirements; (5) Shall include a grace period that provides continuous coverage for an individual who experiences a temporary interruption of employment; and (6) Shall make every effort to coordinate benefits with employer-sponsored coverage available to the working individuals with disabilities receiving benefits under this chapter or other applicable law. (c) In establishing the buy-in program for working individuals with disabilities pursuant to this part, and in order to serve a new and needy population with distinct financial or healthcare needs in accordance with § 71-5-163(a)(8) , the bureau shall, to the extent permitted by federal law, utilize savings realized from the TennCare block grant funding agreement entered into with the federal government pursuant to § 71-5-163 . (d) The bureau shall seek federal approval to exclude resources accumulated in a separate account that result from earnings during an individual's enrollment in the buy-in program, including IRS-approved retirement accounts, when determining the individual's subsequent eligibility for another medical assistance program. (e) The director is authorized to seek any federal waiver the director deems necessary to effectuate this part. Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
(a) On or before January 1, 2025, the bureau shall establish a buy-in program for working individuals with disabilities that enables such individuals to access health insurance coverage through the medical assistance program, including as a supplement to employer-sponsored coverage.
(b) In establishing the buy-in program, the bureau: (1) Shall establish cost-sharing requirements for the buy-in program in accordance with federal law and this part; (2) Shall establish and modify eligibility and cost-sharing requirements in order to administer the program within available funds; (3) Shall not establish eligibility restrictions for the buy-in program based upon a person's income, resources, or maximum age; (4) May consider, when applicable, a person's income, excluding spousal income or assets, when establishing cost-sharing requirements; (5) Shall include a grace period that provides continuous coverage for an individual who experiences a temporary interruption of employment; and (6) Shall make every effort to coordinate benefits with employer-sponsored coverage available to the working individuals with disabilities receiving benefits under this chapter or other applicable law.
(1) Shall establish cost-sharing requirements for the buy-in program in accordance with federal law and this part;
(2) Shall establish and modify eligibility and cost-sharing requirements in order to administer the program within available funds;
(3) Shall not establish eligibility restrictions for the buy-in program based upon a person's income, resources, or maximum age;
(4) May consider, when applicable, a person's income, excluding spousal income or assets, when establishing cost-sharing requirements;
(5) Shall include a grace period that provides continuous coverage for an individual who experiences a temporary interruption of employment; and
(6) Shall make every effort to coordinate benefits with employer-sponsored coverage available to the working individuals with disabilities receiving benefits under this chapter or other applicable law.
(c) In establishing the buy-in program for working individuals with disabilities pursuant to this part, and in order to serve a new and needy population with distinct financial or healthcare needs in accordance with § 71-5-163(a)(8) , the bureau shall, to the extent permitted by federal law, utilize savings realized from the TennCare block grant funding agreement entered into with the federal government pursuant to § 71-5-163 .
(d) The bureau shall seek federal approval to exclude resources accumulated in a separate account that result from earnings during an individual's enrollment in the buy-in program, including IRS-approved retirement accounts, when determining the individual's subsequent eligibility for another medical assistance program.
(e) The director is authorized to seek any federal waiver the director deems necessary to effectuate this part.
Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
Tenn. Code Ann. § 71-5-1412 — TN Code / Title 71 / Chapter 5 / Section 71-5-1412
Transition period following implementation of managed long-term care service delivery system
Status: in_force

(a) A managed care organization (MCO) shall contract with any nursing facility licensed under title 68, chapter 11, part 2, and certified by the centers for medicare and medicaid services, that provides medicaid nursing facility services pursuant to an approved preadmission evaluation (PAE) and is willing to contract with the MCO to provide that service under the same terms and conditions as are offered to any other participating facility contracted with that MCO to provide that service under any policy, contract, or plan that is part of the TennCare managed long-term care service delivery system. Terms and conditions shall not include the rate of reimbursement. (b) Nothing in this section shall be interpreted as preventing the bureau of TennCare or an MCO from enforcing a contract between an MCO and a nursing facility or as preventing the bureau of TennCare from adopting reasonable and necessary requirements for the participation of a nursing facility in the TennCare program. All requirements for participation adopted after July 1, 2016, shall be promulgated by the bureau of TennCare as a rule under title 4, chapter 5, part 2, and shall include a hearing under § 4-5-203 , prior to the enforcement of such requirement as part of any provider contract, unless otherwise required by federal law. Amended by 2016 Tenn. Acts, ch. 883, s 11, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 859, s 2, eff. 7/1/2014. Acts 2008 , ch. 1190, § 13; 2012 , ch. 971, § 3.
(a) A managed care organization (MCO) shall contract with any nursing facility licensed under title 68, chapter 11, part 2, and certified by the centers for medicare and medicaid services, that provides medicaid nursing facility services pursuant to an approved preadmission evaluation (PAE) and is willing to contract with the MCO to provide that service under the same terms and conditions as are offered to any other participating facility contracted with that MCO to provide that service under any policy, contract, or plan that is part of the TennCare managed long-term care service delivery system. Terms and conditions shall not include the rate of reimbursement.
(b) Nothing in this section shall be interpreted as preventing the bureau of TennCare or an MCO from enforcing a contract between an MCO and a nursing facility or as preventing the bureau of TennCare from adopting reasonable and necessary requirements for the participation of a nursing facility in the TennCare program. All requirements for participation adopted after July 1, 2016, shall be promulgated by the bureau of TennCare as a rule under title 4, chapter 5, part 2, and shall include a hearing under § 4-5-203 , prior to the enforcement of such requirement as part of any provider contract, unless otherwise required by federal law.
Amended by 2016 Tenn. Acts, ch. 883, s 11, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 859, s 2, eff. 7/1/2014.
Acts 2008 , ch. 1190, § 13; 2012 , ch. 971, § 3.
Tenn. Code Ann. § 71-4-705 — TN Code / Title 71 / Chapter 4 / Section 71-4-705
Cooperation between committee and governmental entities - Annual report of committee
Status: in_force

(a) In furtherance of the purposes of this part and in order to contribute to the economy of state government, it is the intent of the general assembly that there be close cooperation between the committee and any state governmental entity from which procurement of commodities or services is required under the law currently in effect. The central nonprofit agency may enter into cooperative agreements, contracts, or other arrangements as may be determined to be necessary for the effective coordination and efficient realization of the objectives of this part. (b) The committee shall annually report, on or before December 31, to the governor and to each member of the general assembly concerning the number of governmental entities participating in the program, the total dollar amount of purchases, and any other information the committee deems appropriate. Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020. Amended by 2014 Tenn. Acts, ch. 739, s 4, eff. 7/1/2014. Acts 1991, ch. 499, § 1.
(a) In furtherance of the purposes of this part and in order to contribute to the economy of state government, it is the intent of the general assembly that there be close cooperation between the committee and any state governmental entity from which procurement of commodities or services is required under the law currently in effect. The central nonprofit agency may enter into cooperative agreements, contracts, or other arrangements as may be determined to be necessary for the effective coordination and efficient realization of the objectives of this part.
(b) The committee shall annually report, on or before December 31, to the governor and to each member of the general assembly concerning the number of governmental entities participating in the program, the total dollar amount of purchases, and any other information the committee deems appropriate.
Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020.
Amended by 2014 Tenn. Acts, ch. 739, s 4, eff. 7/1/2014.
Acts 1991, ch. 499, § 1.
Tenn. Code Ann. § 71-3-116 — TN Code / Title 71 / Chapter 3 / Section 71-3-116
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, § 1; T.C.A., § 71-3-166.
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, § 1; T.C.A., § 71-3-166.
Tenn. Code Ann. § 71-4-107 — TN Code / Title 71 / Chapter 4 / Section 71-4-107
Duties of regional directors
Status: in_force

The regional directors shall administer this part in the counties of their regions, subject to the rules and regulations prescribed by the department, and shall report to the department at such times and in such manner as it may direct. Acts 1937, ch. 51, § 6; C. Supp. 1950, § 4765.63 (Williams, § 4765.62); T.C.A. (orig. ed.), §§ 14-508, 14-13-107.
The regional directors shall administer this part in the counties of their regions, subject to the rules and regulations prescribed by the department, and shall report to the department at such times and in such manner as it may direct.
Acts 1937, ch. 51, § 6; C. Supp. 1950, § 4765.63 (Williams, § 4765.62); T.C.A. (orig. ed.), §§ 14-508, 14-13-107.
Tenn. Code Ann. § 71-1-115 — TN Code / Title 71 / Chapter 1 / Section 71-1-115
Conditions imposed on local governments
Status: in_force

Whenever the department has discretion to expend funds appropriated for the purposes either through the officers and employees of the department or in the form of grants-in-aid to local governmental authorities, it shall decide with reference to the use of grants-in-aid according to the availability and adequacy of the facilities under the control of the local governmental authorities, as compared with the facilities of the department for furnishing the services required to be rendered; such funds shall be made available according to uniform rules to all local authorities performing similar functions. In formulating such rules, the department has the power to: (1) Fix minimum standards of service and efficiency to be required of the local governmental authorities in carrying out the functions reposed in them by law; (2) Provide for the termination of any grant-in-aid to any such authority whenever the department shall find that such minimum standards are not being complied with; and (3) Require that as a condition of receiving grants-in-aid the local units of government shall bear specific proportions of the total expense of performing the designated functions. Acts 1937, ch. 48, § 7; C. Supp. 1950, § 4765.10 (Williams, § 4765.7); T.C.A. (orig. ed.), §§ 14-115, 14-1-115.
Whenever the department has discretion to expend funds appropriated for the purposes either through the officers and employees of the department or in the form of grants-in-aid to local governmental authorities, it shall decide with reference to the use of grants-in-aid according to the availability and adequacy of the facilities under the control of the local governmental authorities, as compared with the facilities of the department for furnishing the services required to be rendered; such funds shall be made available according to uniform rules to all local authorities performing similar functions. In formulating such rules, the department has the power to:
(1) Fix minimum standards of service and efficiency to be required of the local governmental authorities in carrying out the functions reposed in them by law;
(2) Provide for the termination of any grant-in-aid to any such authority whenever the department shall find that such minimum standards are not being complied with; and
(3) Require that as a condition of receiving grants-in-aid the local units of government shall bear specific proportions of the total expense of performing the designated functions.
Acts 1937, ch. 48, § 7; C. Supp. 1950, § 4765.10 (Williams, § 4765.7); T.C.A. (orig. ed.), §§ 14-115, 14-1-115.
Tenn. Code Ann. § 71-5-189 — TN Code / Title 71 / Chapter 5 / Section 71-5-189
Accounting of TennCare funds
Status: in_force

The bureau of TennCare shall provide to the comptroller of the treasury on a quarterly basis an accounting of funds involved in the pharmacy rebate program, including a summary of bills and receipts. Acts 1999, ch. 531, § 1.
The bureau of TennCare shall provide to the comptroller of the treasury on a quarterly basis an accounting of funds involved in the pharmacy rebate program, including a summary of bills and receipts.
Acts 1999, ch. 531, § 1.
Tenn. Code Ann. § 71-5-109 — TN Code / Title 71 / Chapter 5 / Section 71-5-109
Expenditures not to exceed appropriation
Status: in_force

(a) In no event shall the services paid for by the state including assistance from the United States government require expenditure of state funds in excess of the amount appropriated for such purpose. (b) The commissioner may by rule and regulation fix the maximum level of services as are deemed necessary to ensure that an expenditure of state funds shall not exceed the amount provided for those purposes, as approved by the commissioner of finance and administration. Acts 1968, ch. 551, § 9; T.C.A., §§ 14-1909, 14-23-109.
(a) In no event shall the services paid for by the state including assistance from the United States government require expenditure of state funds in excess of the amount appropriated for such purpose.
(b) The commissioner may by rule and regulation fix the maximum level of services as are deemed necessary to ensure that an expenditure of state funds shall not exceed the amount provided for those purposes, as approved by the commissioner of finance and administration.
Acts 1968, ch. 551, § 9; T.C.A., §§ 14-1909, 14-23-109.
Tenn. Code Ann. § 71-5-301 — TN Code / Title 71 / Chapter 5 / Section 71-5-301
Short title
Status: in_force

This part may be cited as and shall be known as the "Food Stamp Act of 1971." Acts 1971, ch. 136, § 1; T.C.A., §§ 14-2201, 14-27-101.
This part may be cited as and shall be known as the "Food Stamp Act of 1971."
Acts 1971, ch. 136, § 1; T.C.A., §§ 14-2201, 14-27-101.
Tenn. Code Ann. § 71-5-101 — TN Code / Title 71 / Chapter 5 / Section 71-5-101
Short title
Status: in_force

This part may be cited as and shall be known as the "Medical Assistance Act of 1968." Acts 1968, ch. 551, § 1; T.C.A., §§ 14-1901, 14-23-101.
This part may be cited as and shall be known as the "Medical Assistance Act of 1968."
Acts 1968, ch. 551, § 1; T.C.A., §§ 14-1901, 14-23-101.
Tenn. Code Ann. § 71-2-106 — TN Code / Title 71 / Chapter 2 / Section 71-2-106
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024. Acts 1981, ch. 428, § 7; 1982, ch. 834, § 7; 1984, ch. 943, § 4; T.C.A., § 14-6-106; Acts 2001, ch. 397, § 7.
Repealed by 2024 Tenn. Acts, ch. 688,s 98, eff. 7/1/2024.
Acts 1981, ch. 428, § 7; 1982, ch. 834, § 7; 1984, ch. 943, § 4; T.C.A., § 14-6-106; Acts 2001, ch. 397, § 7.
Tenn. Code Ann. § 71-4-1206 — TN Code / Title 71 / Chapter 4 / Section 71-4-1206
Rules and regulations - Establishment of hourly rate
Status: in_force

(a) The commissioner of human services shall promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as shall be necessary to ensure that this part is implemented in an efficient and effective manner. (b) The commissioner is authorized to establish the hourly rate for the subsidy for personal care assistance services. Funding for the subsidy provided by this part shall be from year to year as such funds are specifically appropriated in the general appropriations act pursuant to title 9, chapter 4, part 51. Acts 1986, ch. 905, § 8; T.C.A., § 14-16-206.
(a) The commissioner of human services shall promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as shall be necessary to ensure that this part is implemented in an efficient and effective manner.
(b) The commissioner is authorized to establish the hourly rate for the subsidy for personal care assistance services. Funding for the subsidy provided by this part shall be from year to year as such funds are specifically appropriated in the general appropriations act pursuant to title 9, chapter 4, part 51.
Acts 1986, ch. 905, § 8; T.C.A., § 14-16-206.
Tenn. Code Ann. § 71-6-109 — TN Code / Title 71 / Chapter 6 / Section 71-6-109
Payment for protective services
Status: in_force

If the department determines that the adult is financially capable of paying for the protective services received, according to standards to be set by the department, the adult shall reimburse the state for the cost of providing the protective services. If the department determines that the adult is not financially capable of paying for the protective services received, the state shall bear the cost of providing the protective services. Otherwise, the department may recover such cost from the adult in any court of competent jurisdiction. Acts 1978, ch. 899, § 1; T.C.A., §§ 14-2609, 14-25-109.
If the department determines that the adult is financially capable of paying for the protective services received, according to standards to be set by the department, the adult shall reimburse the state for the cost of providing the protective services. If the department determines that the adult is not financially capable of paying for the protective services received, the state shall bear the cost of providing the protective services. Otherwise, the department may recover such cost from the adult in any court of competent jurisdiction.
Acts 1978, ch. 899, § 1; T.C.A., §§ 14-2609, 14-25-109.
Tenn. Code Ann. § 71-6-208 — TN Code / Title 71 / Chapter 6 / Section 71-6-208
Shelter locations privileged - Service of papers or process
Status: in_force

(a) No person can be compelled to provide testimony or documentary evidence in a criminal, civil or administrative proceeding that would identify the address or location of a shelter. (b) In any proceeding involving a shelter or a person staying at a shelter, the sheriff, constable or other person serving any legal papers or process shall serve any such legal papers or process by contacting the shelter by telephone and making arrangements for service of the papers or process on the shelter or the person staying at the shelter. Acts 1993, ch. 484, § 3; 2001, ch. 198, § 1.
(a) No person can be compelled to provide testimony or documentary evidence in a criminal, civil or administrative proceeding that would identify the address or location of a shelter.
(b) In any proceeding involving a shelter or a person staying at a shelter, the sheriff, constable or other person serving any legal papers or process shall serve any such legal papers or process by contacting the shelter by telephone and making arrangements for service of the papers or process on the shelter or the person staying at the shelter.
Acts 1993, ch. 484, § 3; 2001, ch. 198, § 1.
Tenn. Code Ann. § 71-5-2511 — TN Code / Title 71 / Chapter 5 / Section 71-5-2511
Annual reports
Status: in_force

(a) The inspector general shall annually report by October 1 of each year for the prior fiscal year to the governor and the general assembly on the activities of the inspector general's office. The report shall include actual numbers of complaints, investigation, charges, prosecutions, convictions and appeals. (b) The director of the Tennessee bureau of investigation shall annually report to the governor and the general assembly on the activities of the medicaid fraud control unit within the criminal investigation division. The report shall include actual numbers of complaints, investigation, charges, prosecutions, convictions and appeals. Acts 2005, ch. 157, § 1.
(a) The inspector general shall annually report by October 1 of each year for the prior fiscal year to the governor and the general assembly on the activities of the inspector general's office. The report shall include actual numbers of complaints, investigation, charges, prosecutions, convictions and appeals.
(b) The director of the Tennessee bureau of investigation shall annually report to the governor and the general assembly on the activities of the medicaid fraud control unit within the criminal investigation division. The report shall include actual numbers of complaints, investigation, charges, prosecutions, convictions and appeals.
Acts 2005, ch. 157, § 1.
Tenn. Code Ann. § 71-4-604 — TN Code / Title 71 / Chapter 4 / Section 71-4-604
Creation of division of vocational rehabilitation of the blind - Director - Appointment - Regulations and state plan
Status: in_force

(a) (1) The division of vocational rehabilitation of the blind, called "the division" in this part, and the office of director of rehabilitation of the blind, the incumbent of which is called the "director," in this part are hereby established in the department of human services. (2) The director shall be appointed, in accordance with established personnel standards, on the basis of training, experience and demonstrated ability in the field of vocational rehabilitation, or related fields, with the approval of the commissioner, and shall be the head of the division. (b) Except as may be otherwise provided with respect to the blind, the division shall be the sole state agency to supervise and administer vocational rehabilitation services authorized by this part, under the state plan formulated and administered pursuant to this part, except such part or parts of the vocational rehabilitation services as may be administered in a political subdivision or subdivision of this state by a sole local agency of the subdivision, and the division shall be the sole agency to supervise such local agency or agencies in the administration of such part or parts of the vocational rehabilitation services. (c) The director shall prepare, conformable to this part, the proposed regulations and a proposed state plan of vocational rehabilitation, and from time to time prepare such proposed changes as shall appear to be necessary or desirable. Upon approval of the proposed regulations and proposed state plan by the commissioner, such approved proposals shall constitute the state regulations and state plan. Acts 1955, ch. 243, § 4; 1972, ch. 506, § 4; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-628, 14-14-404.
(a) (1) The division of vocational rehabilitation of the blind, called "the division" in this part, and the office of director of rehabilitation of the blind, the incumbent of which is called the "director," in this part are hereby established in the department of human services. (2) The director shall be appointed, in accordance with established personnel standards, on the basis of training, experience and demonstrated ability in the field of vocational rehabilitation, or related fields, with the approval of the commissioner, and shall be the head of the division.
(1) The division of vocational rehabilitation of the blind, called "the division" in this part, and the office of director of rehabilitation of the blind, the incumbent of which is called the "director," in this part are hereby established in the department of human services.
(2) The director shall be appointed, in accordance with established personnel standards, on the basis of training, experience and demonstrated ability in the field of vocational rehabilitation, or related fields, with the approval of the commissioner, and shall be the head of the division.
(b) Except as may be otherwise provided with respect to the blind, the division shall be the sole state agency to supervise and administer vocational rehabilitation services authorized by this part, under the state plan formulated and administered pursuant to this part, except such part or parts of the vocational rehabilitation services as may be administered in a political subdivision or subdivision of this state by a sole local agency of the subdivision, and the division shall be the sole agency to supervise such local agency or agencies in the administration of such part or parts of the vocational rehabilitation services.
(c) The director shall prepare, conformable to this part, the proposed regulations and a proposed state plan of vocational rehabilitation, and from time to time prepare such proposed changes as shall appear to be necessary or desirable. Upon approval of the proposed regulations and proposed state plan by the commissioner, such approved proposals shall constitute the state regulations and state plan.
Acts 1955, ch. 243, § 4; 1972, ch. 506, § 4; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-628, 14-14-404.