reglab/housing_qa huggingface dataset:
TN Code § 71-5-120 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-120. Residency Requirement — Determination — Appeal

  No period of residence in this state shall be required as a condition for eligibility for medical assistance under this chapter, but an individual who does not reside in this state shall not be eligible.   The bureau of TennCare shall adopt rules for determining whether an applicant is a resident of this state subject to the requirements of federal law. The rules shall require that state residency is not established unless the applicant does both of the following:  The applicant produces one (1) of the following:  A current Tennessee rent or mortgage receipt or utility bill in the adult applicant's name;   A current Tennessee motor vehicle driver's license or identification card issued by the Tennessee department of safety in the adult applicant's name;   A current Tennessee motor vehicle registration in the adult applicant's name;   A document showing that the adult applicant is employed in this state;   A document showing that the adult applicant has registered with a public or private employment service in this state;   Evidence that the adult applicant has enrolled the applicant's children in a school in this state;   Evidence that the adult applicant is receiving public assistance in this state;   Evidence of registration to vote in this state; or   Other evidence deemed sufficient to the bureau or the department of human services, or both, as proof of residency in this state; and     The adult applicant declares, under penalty of perjury, that all of the following apply:  The adult applicant does not own or lease a principal residence outside of this state; and   The adult applicant is not receiving public assistance outside of this state. As used in this subdivision (b)(2)(B), “public assistance” does not include unemployment insurance benefits.       Residency for minors shall be determined as otherwise permitted under state and federal law. A minor for the purposes of this subsection (c) is a person younger than nineteen (19) years of age.   A denial of determination of residency may be appealed in the same manner as any other denial of eligibility. A determination of residency shall not be granted unless a preponderance of the credible evidence supports the adult applicant's intent to remain indefinitely in this state. In making determinations or verifications of residency, subject to the requirements of subsection (b), the department of human services shall apply the same policies and procedures as are applied in the determination of residency for other programs administered by the department to the extent permitted under or by federal law.
TN Code § 71-5-121 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-121. Transfer of Income or Resources

 In all actions for the transfer of income or resources from an institutionalized spouse for the support of the community spouse, the court shall apply the standards utilized to determine medicaid eligibility in this state, regardless of any state laws relating to community property or the division of marital property.
TN Code § 71-5-122 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-122. Statement of Interest of Vendors or Suppliers Holding Equity Interest in Hospitals, Apothecaries or Nursing Homes

  Any individual or corporate vendor or provider participating under this part who holds an equity interest in any hospital, apothecary, nursing home, or other vendor or provider participating under this part shall submit annually to the department of finance and administration information disclosing their interest in these vendors or providers.   Any such party who fails to file the information required by this section shall not be entitled to participate in the program.
TN Code § 71-5-123 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-123. Statement of Public Officials as to Interest in Vendors or Providers

 Any department head, deputy, assistant, or director of any state department, including, but not limited to, any person who certificates eligibles or who makes payments to vendors or providers participating under this part, and who holds any equity interest in any hospital, apothecary, nursing home, or other vendors or providers participating under this part, shall submit annually to the department of finance and administration information disclosing their interest in these vendors or providers.
TN Code § 71-5-124 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-124. Duties of Department of Finance and Administration

  The department of finance and administration shall supervise and assist the department of health, which shall be the single state agency as defined in the federal Medicaid Law, Title XIX with respect to all financial matters in the planning and establishment of the medical assistance program as set forth in §§ 71-5-101 — 71-5-120, and after the program is established on July 1, 1969, the department of finance and administration shall perform those functions with respect to such medical assistance programs as are set forth in title 9, chapter 4, part 51.   In addition, the commissioner of finance and administration and the comptroller of the treasury have the duty and authority to review and audit such expenditure of funds as may be made under this part either directly or indirectly by any fiscal intermediary, and nothing in this section shall limit the authority of the commissioner of finance and administration to ensure that program expenditures are maintained within legislative appropriations.
TN Code § 71-5-125 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-125. Duties of Fiscal Review Committee

 The fiscal review committee is directed to obtain the following information from the single state agency in charge of medicaid and the department of human services and report quarterly to the membership of the general assembly, except that if an item on the report has not changed from one (1) quarter to the next, there shall be no necessity to repeat this information in the subsequent report:   All expenditures under the medicaid program in the preceding quarter;   The quarterly allotment for the next quarter;   Any requests for additional funds;   The classifications set up for the staffing of the medicaid personnel;   The names, salary, position and previous work experience of staff hired;   Caseloads, increases and decreases;   Dollar expenditures and utilization of the separate programs under medicaid; and   Copies of all regulations issued to implement the medicaid program.
TN Code § 71-5-126 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-126. Medicaid Expansion Under Federal Patient Protection and Affordable Care Act Prohibited Without Joint Resolution of General Assembly

 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.
TN Code § 71-5-127 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-127. Conflict With Federal Law — Single State Agency

 If it is found that any of the provisions of this part are in conflict with the single state agency requirements of the federal Medicaid Law, Title XIX, then, and in that event, the department of finance and administration shall become the single state agency.
TN Code § 71-5-128 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-128. Contracts With Health Maintenance Organizations — Requirements

 Notwithstanding any other law to the contrary, the department of health shall follow, as nearly as is practicable, the requirements of 42 U.S.C. § 1395mm, as amended, together with any federal rules and regulations promulgated pursuant to such law, with respect to a health maintenance organization with which the state has entered into a contract for the provision of services under this part.
TN Code § 71-5-129 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-129. Charges for Services of Physician Assistants

 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.
TN Code § 71-5-131 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-131. Contributed Funds

  For the purposes of this part, political subdivisions may appropriate funds directly to the department, other public agencies and private sources may transfer funds to the department, and the department may accept unconditional and unrestricted donations of such funds.   Contributed funds shall be subject to the department's administrative control and allocated as provided in the general appropriations act, except such contributions shall not reduce state general revenue funding.   At the end of any fiscal year, the unobligated balance of any such funds shall not revert to the general fund, but shall be reappropriated for these purposes in the next fiscal year.
TN Code § 71-5-132 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-132. Medicaid Providers — Responsibilities — Changes in Ownership or Controlling Interest

  No change of ownership or controlling interest of an existing medicaid provider, including, but not limited to, hospitals, nursing home facilities, home health agencies, and pharmacies, can occur until provision is made for moneys owed to medicaid. The purchaser shall notify medicaid of the purchase at the time of ownership change and is financially liable for the outstanding liabilities to medicaid for one (1) year from the date of purchase or for one (1) year following medicaid's receipt of the provider's medicare final notice of program reimbursement, whichever is later. The purchaser shall be entitled to utilize any means available to it by law to secure and recoup these funds from the selling entity. In addition, purchasers of nursing facilities are responsible for obtaining an accurate accounting and transfer of funds held in trust for medicaid residents at the time of the change of ownership or controlling interest.   If the division of medicaid has not reimbursed a business for medicaid services provided under the medicaid program at the time the business is sold, when such an amount is determined the division of medicaid shall be required to reimburse the person owning the business; provided, that such sale included the sale of such assets.
TN Code § 71-5-133 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-133. Provision of Information Concerning Norplant and Other Contraceptives

  The department of human services shall provide written information concerning the availability through the medicaid program of the Norplant contraceptive implant, and other functionally equivalent contraceptives that provide similar long-lasting pregnancy prevention, to all temporary assistance for needy families (TANF) recipients or to recipients of any successor program when such persons apply for benefits or are recertified. The department shall provide information concerning the availability of birth control and contraceptive implants to all males whose incomes are below the federal poverty level and who are receiving any other state or federal government subsidies, including, but not limited to, food assistance pursuant to part 3 of this chapter, if such males also qualify for medicaid and are able to impregnate females. Such information shall also be supplied to other women of child-bearing age whose income is below the federal poverty level and are receiving any other state or federal government subsidies, including, but not limited to, food assistance pursuant to chapter 5, part 3 of this title, if such persons also qualify for medicaid. The information provided shall clearly state that qualified health care providers are available to discuss the contraceptive in more detail upon request.   Together with the information concerning availability required to be provided pursuant to subsection (a), the department shall also provide to each eligible recipient information regarding any risks involved in having such contraceptive implanted, as well as information on the use of all types of contraceptives, including abstinence, and the moral benefits of abstinence until marriage, and the health and other benefits of abstinence, which shall be disseminated in a manner that is reasonably calculated to make the information easily accessible to all recipients under the TANF program or to recipients of any successor program, as well as to other women of child-bearing age whose incomes are below the federal poverty level and who are receiving any other state or federal government subsidies, including, but not limited to, food assistance pursuant to chapter 5, part 3 of this title, if such persons also qualify for medicaid. The department's case workers will assist in making the appointment with the appropriate county health department.
TN Code § 71-5-134 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-134. Rules and Regulations — Funding Medical Assistance

 The commissioner of finance and administration is authorized to promulgate rules and regulations to effectuate the purposes of the amendments to §§ 71-5-102 — 71-5-106 by Acts 1993, ch. 358. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 71-5-135 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-135. State Unemployment Health Care Benefits — Scope — Conditions

 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.
TN Code § 71-5-136 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-136. Hold Harmless Requirements Prohibited

 No health insurer, prepaid group health plan, health maintenance organization, preferred provider organization or similar entity licensed under this part that provides or administers health insurance under the TennCare Program, shall require, by contract or otherwise, any title 63 or 68 licensee to indemnify or hold harmless such TennCare managed care organization or title 56 licensee for tort or patent or copyright infringement liability that such TennCare managed care organization or title 56 licensee incurs, experiences, or causes by act or omission, or by act or omission of the title 63 or 68 provider to the extent the act or omission was pursuant to a directive of the title 56 licensee.
TN Code § 71-5-137 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-137. Disclosures Required of Persons Associated With Managed Care Organizations

  The following persons associated with a managed care organization that participates in the TennCare program shall make disclosures required in § 8-50-502:  Officers and directors of the managed care organization;   Any person who is the legal or beneficial owner of five percent (5%) or more of the stock or other ownership interest in the managed care organization; and   Any person who controls, is controlled by or is under common control with, the managed care organization and who has entered into a management agreement, service contract, cost-sharing agreement or reinsurance contract with a managed care organization. For purposes of this subdivision (a)(3), “control” has the same meaning as set forth in § 56-11-101(b).     An official in the legislative branch, or an official in the executive branch and their immediate families, as such terms are defined in § 3-6-301, shall disclose any ownership interest or other connection as an officer, employee or director that such person may have in any managed care organization that participates in the TennCare program.   The compensation from the managed care organization of all persons required to make disclosure under subsection (a) shall be disclosed in addition to the disclosure required under subsection (a).   Disclosures required by this section shall be made to the bureau of TennCare and shall be made by March 1 of each year for the previous calendar year.
TN Code § 71-5-138 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-138. Compliance With Provisions Regarding Authorizations for Pharmacy Services

 Any managed care organization participating in the TennCare program shall comply with the provisions of § 56-32-138 concerning authorizations given to a pharmacy services provider for care to be delivered to an enrollee receiving TennCare benefits.
TN Code § 71-5-141 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-141. Eligibility of Aliens for Medical Assistance

  Aliens shall be eligible for medical assistance, including participation in the TennCare program, only to the same extent as permitted under federal law and regulations for receipt of federal financial participation under Title XIX of the federal Social Security Act, except as otherwise provided in this section.   In accordance with Section 1903(v)(1) of the federal Social Security Act, an alien shall only be eligible for the full scope of medical assistance benefits, if the alien has been lawfully admitted for permanent residence, or is otherwise permanently residing in the United States under color of law.   For purposes of this section, aliens “permanently residing in the United States under color of law” shall be interpreted to include all aliens residing in the United States with the knowledge and permission of the United States immigration and naturalization service and whose departure the United States immigration and naturalization service does not contemplate enforcing and with respect to whom federal financial participation is available under Title XIX of the federal Social Security Act.
TN Code § 71-5-142 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-142. Confidentiality and Disclosure of Proprietary Information

  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).   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.   Nothing in this section shall be construed to limit access to, or use of, these records by governmental agencies performing official functions.
TN Code § 71-5-145 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-145. Cost Effectiveness of Providers

  Notwithstanding any law to the contrary, any initiative, program or measure operated by the bureau of TennCare, including, but not limited to, disease management programs, may require enrollees to obtain prescription drugs, durable medical equipment, or medical supplies in such manner as the bureau of TennCare determines to be the most cost-effective.   The bureau of TennCare shall consult with Tennessee pharmacists who are providers actively participating in the TennCare pharmacy program in making a determination of cost effectiveness of any proposed pharmacy program.
TN Code § 71-5-146 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 1 - Medical Assistance Act|§ 71-5-146. Pharmacy Lock-in Program

 On and after July 1, 2004, the bureau of TennCare, through its authority to promulgate rules and regulations, may implement and maintain a pharmacy lock-in program designed to address member abuse, over utilization and quality of care concerns for TennCare enrollees.