Tenn. Code Ann. § 71-5-1425 — TN Code / Title 71 / Chapter 5 / Section 71-5-1425
Guidance regarding whether temporary family healthcare structures are covered - Federal approval of waiver amendment to offer benefit - Applicability of waiver
Status: in_force

(a) As part of the plan to expand cost-effective community-based residential alternatives to institutional care as required pursuant to § 71-5-1411(a) , the bureau of TennCare shall seek written guidance from the centers for medicare and medicaid services regarding whether a temporary family healthcare structure, as defined in § 13-7-501 , may be covered in whole or in part under the program established pursuant to this part, and, if so, shall, upon appropriation by the general assembly specifically to cover temporary family healthcare structures, seek federal approval of a waiver amendment to offer such benefit to eligible older adults and persons with disabilities who choose temporary family healthcare structures in lieu of care in other settings. (b) Any waiver approved pursuant to subsection (a) shall apply only to a person who: (1) Meets the CHOICES 2 activities of daily living criteria; (2) Meets financial eligibility requirements for medical assistance under this chapter; and (3) Is either: (A) A person with a developmental or intellectual disability, as defined in § 33-1-101 , who is related to the owner or occupier of the property; or (B) An older adult who is related to the owner or occupier of the property. Added by 2016 Tenn. Acts, ch. 992,s 1, eff. 4/27/2016.
(a) As part of the plan to expand cost-effective community-based residential alternatives to institutional care as required pursuant to § 71-5-1411(a) , the bureau of TennCare shall seek written guidance from the centers for medicare and medicaid services regarding whether a temporary family healthcare structure, as defined in § 13-7-501 , may be covered in whole or in part under the program established pursuant to this part, and, if so, shall, upon appropriation by the general assembly specifically to cover temporary family healthcare structures, seek federal approval of a waiver amendment to offer such benefit to eligible older adults and persons with disabilities who choose temporary family healthcare structures in lieu of care in other settings.
(b) Any waiver approved pursuant to subsection (a) shall apply only to a person who: (1) Meets the CHOICES 2 activities of daily living criteria; (2) Meets financial eligibility requirements for medical assistance under this chapter; and (3) Is either: (A) A person with a developmental or intellectual disability, as defined in § 33-1-101 , who is related to the owner or occupier of the property; or (B) An older adult who is related to the owner or occupier of the property.
(1) Meets the CHOICES 2 activities of daily living criteria;
(2) Meets financial eligibility requirements for medical assistance under this chapter; and
(3) Is either: (A) A person with a developmental or intellectual disability, as defined in § 33-1-101 , who is related to the owner or occupier of the property; or (B) An older adult who is related to the owner or occupier of the property.
(A) A person with a developmental or intellectual disability, as defined in § 33-1-101 , who is related to the owner or occupier of the property; or
(B) An older adult who is related to the owner or occupier of the property.
Added by 2016 Tenn. Acts, ch. 992,s 1, eff. 4/27/2016.
Tenn. Code Ann. § 71-4-404 — TN Code / Title 71 / Chapter 4 / Section 71-4-404
Certification of disbursements and repayments
Status: in_force

Disbursements from and repayments to the revolving fund shall be made on the certification of the director of services for the blind. Acts 1949, ch. 99, § 4; C. Supp. 1950, § 4765.92 (Williams, § 4765.78d); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-622, 14-14-304.
Disbursements from and repayments to the revolving fund shall be made on the certification of the director of services for the blind.
Acts 1949, ch. 99, § 4; C. Supp. 1950, § 4765.92 (Williams, § 4765.78d); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-622, 14-14-304.
Tenn. Code Ann. § 71-1-202 — TN Code / Title 71 / Chapter 1 / Section 71-1-202
Application to state agency or department
Status: in_force

Organizations or businesses having state contracts to provide services may make application to the state agency or department having jurisdiction over the contractor for advance payment. No funds shall be released to the contractor until the third party contractor has demonstrated that state matching fund requirements have been met. Acts 1976, ch. 454, § 2; T.C.A., §§ 14-2402, 14-32-102.
Organizations or businesses having state contracts to provide services may make application to the state agency or department having jurisdiction over the contractor for advance payment. No funds shall be released to the contractor until the third party contractor has demonstrated that state matching fund requirements have been met.
Acts 1976, ch. 454, § 2; T.C.A., §§ 14-2402, 14-32-102.
Tenn. Code Ann. § 71-5-126 — TN Code / Title 71 / Chapter 5 / Section 71-5-126
Medicaid expansion under federal Patient Protection and Affordable Care Act prohibited without joint resolution of General Assembly
Status: in_force

The governor shall not make any decision or obligate the state of Tennessee in any way with regard to the expansion of optional enrollment in the medical assistance program, also known as the medicaid program, pursuant to the Patient Protection and Affordable Care Act, Public Law 111-148, as interpreted by the United States Supreme Court in National Federation of Independent Business v. Sebelius to be unconstitutional when applied to states as a mandatory expansion, unless authorized by joint resolution of the general assembly.
Tenn. Code Ann. § 71-4-504 — TN Code / Title 71 / Chapter 4 / Section 71-4-504
Vending machines in lieu of on-site manager
Status: in_force

(a) If, after conducting a survey, the department determines that there is not sufficient population to support an on-site manager but the public property management desires vending machine services, the department shall have the right to place vending machines on the property and to make the necessary arrangements to ensure that vending machine services are provided and that the vending machines are properly maintained. (b) The income generated from the vending machines placed under the provisions of this section shall accrue to the unassigned funds held by the department for its blind vendors. Acts 1994, ch. 723, § 2.
(a) If, after conducting a survey, the department determines that there is not sufficient population to support an on-site manager but the public property management desires vending machine services, the department shall have the right to place vending machines on the property and to make the necessary arrangements to ensure that vending machine services are provided and that the vending machines are properly maintained.
(b) The income generated from the vending machines placed under the provisions of this section shall accrue to the unassigned funds held by the department for its blind vendors.
Acts 1994, ch. 723, § 2.
Tenn. Code Ann. § 71-1-129 — TN Code / Title 71 / Chapter 1 / Section 71-1-129
"Parents as first teachers" pilot projects
Status: in_force

Acting in consultation with the departments of education, health, mental health and substance abuse services, and disability and aging, through a system of competitive grants and technical assistance, the department of human services shall establish and implement "parents as first teachers" pilot projects in one (1) or more counties of the state. On or before January 1, 1998, the department shall report to the governor and to the general assembly concerning pilot project findings and recommendations. Amended by 2024 Tenn. Acts, ch. 688,s 177, eff. 7/1/2024. Acts 1995, ch. 483, § 1; 2010 , ch. 1100, § 132; 2012 , ch. 575, § 1.
Acting in consultation with the departments of education, health, mental health and substance abuse services, and disability and aging, through a system of competitive grants and technical assistance, the department of human services shall establish and implement "parents as first teachers" pilot projects in one (1) or more counties of the state. On or before January 1, 1998, the department shall report to the governor and to the general assembly concerning pilot project findings and recommendations.
Amended by 2024 Tenn. Acts, ch. 688,s 177, eff. 7/1/2024.
Acts 1995, ch. 483, § 1; 2010 , ch. 1100, § 132; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 71-6-104 — TN Code / Title 71 / Chapter 6 / Section 71-6-104
Remedies - Injunctive relief
Status: in_force

(a) Any court with jurisdiction under this part may upon proper application by the department issue a temporary restraining order or other injunctive relief to prohibit any violation of this part, regardless of the existence of any other remedy at law. (b) The court may enjoin from providing care for any person, on a temporary or permanent basis, any employee or volunteer, who the court finds has engaged in the abuse, neglect or exploitation of an adult as defined in this part, in any situation involving the care of such adult by such employee or volunteer, whether such actions occurred in an institutional setting, in any type of group home or foster care arrangement serving adults, and regardless of whether such person, facility or arrangement serving adults is licensed to provide care for adults. Acts 1978, ch. 899, § 1; T.C.A., § 14-2604; Acts 1986, ch. 630, § 18; T.C.A., § 14-25-104; Acts 1995, ch. 486, § 8.
(a) Any court with jurisdiction under this part may upon proper application by the department issue a temporary restraining order or other injunctive relief to prohibit any violation of this part, regardless of the existence of any other remedy at law.
(b) The court may enjoin from providing care for any person, on a temporary or permanent basis, any employee or volunteer, who the court finds has engaged in the abuse, neglect or exploitation of an adult as defined in this part, in any situation involving the care of such adult by such employee or volunteer, whether such actions occurred in an institutional setting, in any type of group home or foster care arrangement serving adults, and regardless of whether such person, facility or arrangement serving adults is licensed to provide care for adults.
Acts 1978, ch. 899, § 1; T.C.A., § 14-2604; Acts 1986, ch. 630, § 18; T.C.A., § 14-25-104; Acts 1995, ch. 486, § 8.
Tenn. Code Ann. § 71-6-114 — TN Code / Title 71 / Chapter 6 / Section 71-6-114
Jurisdiction and venue
Status: in_force

(a) The circuit, general sessions, and chancery courts have jurisdiction of proceedings arising under this part. Probate courts in counties having a population of not less than seven hundred seventy-five thousand (775,000) according to the 1980 federal census or any subsequent federal census shall have concurrent jurisdiction with the circuit and chancery courts. (b) A proceeding under this part may be commenced in the county where the adult resides or is physically present. Acts 1986, ch. 630, § 4; T.C.A., § 14-25-114; Acts 1995, ch. 486, § 16.
(a) The circuit, general sessions, and chancery courts have jurisdiction of proceedings arising under this part. Probate courts in counties having a population of not less than seven hundred seventy-five thousand (775,000) according to the 1980 federal census or any subsequent federal census shall have concurrent jurisdiction with the circuit and chancery courts.
(b) A proceeding under this part may be commenced in the county where the adult resides or is physically present.
Acts 1986, ch. 630, § 4; T.C.A., § 14-25-114; Acts 1995, ch. 486, § 16.
Tenn. Code Ann. § 71-5-702 — TN Code / Title 71 / Chapter 5 / Section 71-5-702
Part definitions
Status: in_force

As used in this part: (1) "Bureau" means the bureau of TennCare; (2) "Buy-in program" and "program" mean the Medicaid eligibility group created pursuant to this part that enables a working individual with a disability to obtain or retain Medicaid health insurance coverage through medical assistance via the payment of coverage premiums; (3) "Director" means the director of TennCare; and (4) "Medical assistance" means the medical assistance program described in part 1 of this chapter. Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
As used in this part:
(1) "Bureau" means the bureau of TennCare;
(2) "Buy-in program" and "program" mean the Medicaid eligibility group created pursuant to this part that enables a working individual with a disability to obtain or retain Medicaid health insurance coverage through medical assistance via the payment of coverage premiums;
(3) "Director" means the director of TennCare; and
(4) "Medical assistance" means the medical assistance program described in part 1 of this chapter.
Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
Tenn. Code Ann. § 71-5-1401 — TN Code / Title 71 / Chapter 5 / Section 71-5-1401
Short title
Status: in_force

This part shall be known and may be cited as the "Long-Term Care Community Choices Act of 2008." Acts 2008, ch. 1190, § 2.
This part shall be known and may be cited as the "Long-Term Care Community Choices Act of 2008."
Acts 2008, ch. 1190, § 2.
Tenn. Code Ann. § 71-5-1106 — TN Code / Title 71 / Chapter 5 / Section 71-5-1106
[ Expired] Expired
Status: repealed

Added by 2016 Tenn. Acts, ch. 854, s 2, eff. 7/1/2016.
Tenn. Code Ann. § 71-3-1113 — TN Code / Title 71 / Chapter 3 / Section 71-3-1113
[Effective until 6/30/2025] Repealer
Status: in_force

This part shall be repealed on June 30, 2025. Amended by 2020 Tenn. Acts, ch. 582, s 1, eff. 3/19/2020. Amended by 2015 Tenn. Acts, ch. 343, s 1, eff. 5/4/2015. Acts 2006, ch. 867, § 14(a); 2010 , ch. 872, § 6.
This part shall be repealed on June 30, 2025.
Amended by 2020 Tenn. Acts, ch. 582, s 1, eff. 3/19/2020.
Amended by 2015 Tenn. Acts, ch. 343, s 1, eff. 5/4/2015.
Acts 2006, ch. 867, § 14(a); 2010 , ch. 872, § 6.
Tenn. Code Ann. § 71-5-2106 — TN Code / Title 71 / Chapter 5 / Section 71-5-2106
Duty of superintendent
Status: in_force

The superintendent shall overlook and manage the asylum and its inmates under such rules and regulations as the commissioners shall prescribe. Code 1858, § 1609 (deriv. Acts 1827 Private, ch. 112, § 6); Shan., § 2693; Code 1932, § 4810; T.C.A. (orig. ed.), §§ 14-806, 14-20-106.
The superintendent shall overlook and manage the asylum and its inmates under such rules and regulations as the commissioners shall prescribe.
Code 1858, § 1609 (deriv. Acts 1827 Private, ch. 112, § 6); Shan., § 2693; Code 1932, § 4810; T.C.A. (orig. ed.), §§ 14-806, 14-20-106.
Tenn. Code Ann. § 71-1-111 — TN Code / Title 71 / Chapter 1 / Section 71-1-111
Hearings - Evidence
Status: in_force

The commissioner has the power to conduct or cause to be conducted hearings relating to the fact determination that the department is authorized or required to make; provided, that the commissioner, and any officer or employee of the department upon written authorization from the commissioner, has the power to administer oaths and affirmations, take depositions, issue subpoenas, and require the production of any books and records that may be necessary. Acts 1937, ch. 48, § 12; C. Supp. 1950, § 4765.15 (Williams, § 4765.12); T.C.A. (orig. ed.), §§ 14-111, 14-1-111.
The commissioner has the power to conduct or cause to be conducted hearings relating to the fact determination that the department is authorized or required to make; provided, that the commissioner, and any officer or employee of the department upon written authorization from the commissioner, has the power to administer oaths and affirmations, take depositions, issue subpoenas, and require the production of any books and records that may be necessary.
Acts 1937, ch. 48, § 12; C. Supp. 1950, § 4765.15 (Williams, § 4765.12); T.C.A. (orig. ed.), §§ 14-111, 14-1-111.
Tenn. Code Ann. § 71-3-611 — TN Code / Title 71 / Chapter 3 / Section 71-3-611
Expenses paid by parent or guardian
Status: in_force

Any of such asylums may, at discretion, receive any child placed in its care and keeping by such child's parents or guardian, or those having the child in charge, and may keep and care for the child until the child is eighteen (18) years of age, unless sooner taken away by the request of such child's parent or parents, or those having guardianship or control of the child. The asylum shall not receive any child under this section until its parent or parents, or guardian, or person having the child in charge, shall agree with the officers of the asylum to supply sufficient funds, or such portion of the funds as the board of managers may agree upon, for the maintenance of the child in the asylum during such child's stay, and shall further agree to abide by all rules, bylaws, and requirements of the asylum. Should a child be admitted having a guardian lawfully appointed and qualified, who has money or property of such child under such guardian's control, such guardian shall be required to pay to the asylum such portion of the child's funds as the guardian may lawfully use, or the guardian may be authorized to use, for the child's support. Acts 1885, ch. 92, § 7; Shan., § 4350; Code 1932, § 4579; T.C.A. (orig. ed.), §§ 14-1211, 14-11-111.
Any of such asylums may, at discretion, receive any child placed in its care and keeping by such child's parents or guardian, or those having the child in charge, and may keep and care for the child until the child is eighteen (18) years of age, unless sooner taken away by the request of such child's parent or parents, or those having guardianship or control of the child. The asylum shall not receive any child under this section until its parent or parents, or guardian, or person having the child in charge, shall agree with the officers of the asylum to supply sufficient funds, or such portion of the funds as the board of managers may agree upon, for the maintenance of the child in the asylum during such child's stay, and shall further agree to abide by all rules, bylaws, and requirements of the asylum. Should a child be admitted having a guardian lawfully appointed and qualified, who has money or property of such child under such guardian's control, such guardian shall be required to pay to the asylum such portion of the child's funds as the guardian may lawfully use, or the guardian may be authorized to use, for the child's support.
Acts 1885, ch. 92, § 7; Shan., § 4350; Code 1932, § 4579; T.C.A. (orig. ed.), §§ 14-1211, 14-11-111.
Tenn. Code Ann. § 71-2-206 — TN Code / Title 71 / Chapter 2 / Section 71-2-206
Duty 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 time and in such manner as it may direct. Acts 1937, ch. 49, § 5; C. Supp. 1950, § 4765.22 (Williams, § 4765.21); T.C.A. (orig. ed.), §§ 14-207, 14-2-106.
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 time and in such manner as it may direct.
Acts 1937, ch. 49, § 5; C. Supp. 1950, § 4765.22 (Williams, § 4765.21); T.C.A. (orig. ed.), §§ 14-207, 14-2-106.