reglab/housing_qa huggingface dataset:
TN Code § 71-5-1007 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 10 - Nursing Home Assessment Trust Fund|§ 71-5-1007. Requirements for Nursing Homes Participating in Medicaid Program — Penalties for Noncompliance — Waiver of Penalties

 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.
TN Code § 71-5-1008 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 10 - Nursing Home Assessment Trust Fund|§ 71-5-1008. Oversight Authority of Fiscal Review Committee

 The fiscal review committee shall review and have oversight of the implementation of this part and the nursing home assessment trust fund.
TN Code § 71-5-1009 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 10 - Nursing Home Assessment Trust Fund|§ 71-5-1009. Enactment of Part Does Not Excuse Payment of Assessment Fee

 Enactment of this part and any amendments to this part shall not operate to excuse the monthly installment payment of any nursing home assessment fee due during any current or prior fiscal year.
TN Code § 71-5-1010 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 10 - Nursing Home Assessment Trust Fund|§ 71-5-1010. Termination of Fee — Suspension of Assessment

  The nursing home annual assessment fee established by this part shall terminate on June 30, 2021.   The assessment imposed by this part shall be suspended if the bureau attempts to utilize the money in the account for any use other than permitted by this part.   Any assessment fee obligation imposed by § 71-5-1003 shall be suspended to the extent that, and for the period that receipt of the assessment fee by the state results in, a corresponding reduction in federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. § 1396 et seq.).
TN Code § 71-5-1201 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 12 - Families First Councils|§ 71-5-1201. Establishment

 The commissioner of human services shall appoint a group of citizens in each county of the state to be known as the families first council, whose duty it shall be to assist persons on the temporary assistance program under chapter 3 of this title, in their county to move from public assistance to self-sufficiency. The council shall also provide business and industry with information regarding the program and shall seek feedback regarding operation of the program.
TN Code § 71-5-1202 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 12 - Families First Councils|§ 71-5-1202. Membership — Compensation — Meetings — Rules and Regulations

   The members of the families first councils shall be appointed for a term of two (2) years and shall be eligible to succeed themselves. The number of members of the families first council in each county shall be determined by the commissioner of human services after considering the recipient population and general population and potential job opportunities in a particular county.   The membership shall be determined by the commissioner of human services, but at least sixty percent (60%) of the membership shall be composed of persons actually engaged in business or industry, and shall further consist of one (1) member who shall be a community religious leader, one (1) member who shall be a person actively engaged in advocacy for low income families, one (1) member who shall be a recipient of temporary assistance and one (1) member who shall be the department of human services area manager for the area. The area manager shall convene meetings no less frequently than once per quarter. The remaining member or members shall be appointed without regard to occupation.     Members shall serve without compensation or reimbursement.   The council shall meet as soon as possible after its appointment and organize by electing from among its membership a chair, a vice chair and a secretary.   To the extent possible, the council's makeup should reflect the ethnic and gender composition of the service population.
TN Code § 71-5-1203 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 12 - Families First Councils|§ 71-5-1203. Inventory and Coordination of Services and Opportunities

 The council shall work in cooperation with the local office of the departments of human services and labor and workforce development and other state and local agencies to ascertain what services are available to help temporary assistance recipients become self-sufficient and to endeavor to assure that such services are well coordinated. The council shall also determine what job opportunities exist for such individuals and actively solicit the cooperation of local business and industry and the professions in trying to place such persons in gainful employment.
TN Code § 71-5-1204 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 12 - Families First Councils|§ 71-5-1204. Cooperation by State Entities

 The departments of human services and labor and workforce development and other state and local agencies are authorized and directed to cooperate to the fullest extent possible with such councils and each other so that the purpose of this part may be accomplished.
TN Code § 71-5-1301 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 13 - Grant Assistance Program for Nursing Home Care|§ 71-5-1301. Creation of Grant Assistance Program

 There is hereby created a grant assistance program to provide financial support for eligible individuals residing in nursing homes licensed by the state, which individuals do not have their nursing home care paid for, in whole or in part, by a federal, state or combined federal-state medical care program.
TN Code § 71-5-1302 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 13 - Grant Assistance Program for Nursing Home Care|§ 71-5-1302. Eligibility

 To be eligible to apply for a grant assistance payment under this part, an individual must meet the following qualifications:   The individual must have resided or be residing, after June 30, 1992, in a facility licensed by the state as a nursing home. Residents in facilities certified as intermediate care facilities for the mentally retarded are not eligible; and   For each day for which grant assistance is sought, the individual's nursing home care must not have been paid for, in whole or in part, by a federal, state or combined federal-state medical care program.
TN Code § 71-5-1303 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 13 - Grant Assistance Program for Nursing Home Care|§ 71-5-1303. Application for Payment — Nursing Home Certification to Department

  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.   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.
TN Code § 71-5-1304 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 13 - Grant Assistance Program for Nursing Home Care|§ 71-5-1304. Processing of Applications — Funding — Determination of Grant

 Applications shall be processed by the department on a first come, first served basis and are subject to the amount annually appropriated for this program in the general appropriations act. Based on the application, the department shall calculate a projected annual nursing home expense for the individual, which shall be the average per diem nursing home expense for the days claimed times three hundred sixty-five (365) days. The projected annual nursing home expense shall be deducted from the prior year's annual income certified by the patient. The remainder shall be the adjusted annual income for purposes of this grant. The amount of the daily grant shall be determined as follows:   The amount of the payments made pursuant to this part shall be based upon adjusted annual income;   Adjusted annual income for the purposes of determining eligibility must not exceed three hundred fifty percent (350%) of the federal poverty guidelines for an individual as published annually by the United States department of health and human services for determining medicaid eligibility;   Individual payments under this part for adjusted annual incomes ranging from zero dollars ($0.00) to an amount calculated to be one hundred eighty-five percent (185%) of the individual poverty guidelines is six dollars and fifty cents ($6.50) per day;   Maximum individual payments under this part for adjusted annual incomes ranging from one hundred eighty-six percent (186%) to three hundred fifty percent (350%) of the individual poverty guidelines are not to exceed six dollars ($6.00) per day, as determined by rules and regulations promulgated by the commissioner of health in order to meet the sums annually appropriated for this program.
TN Code § 71-5-1305 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 13 - Grant Assistance Program for Nursing Home Care|§ 71-5-1305. Grant Payments

 Grant payments under this part shall be made to the individual monthly and forwarded to such person at the place of such individual's residence. Grant payments are non-assignable and payable only to the individual or such individual's legally authorized representative, which shall not be the nursing home.
TN Code § 71-5-1306 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 13 - Grant Assistance Program for Nursing Home Care|§ 71-5-1306. Rules and Regulations

 The department of health is authorized to promulgate regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to implement this part. Notwithstanding any other law, the commissioner of health is authorized to promulgate such initial rules as emergency rules pursuant to § 4-5-208.
TN Code § 71-5-1307 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 13 - Grant Assistance Program for Nursing Home Care|§ 71-5-1307. [reserved.]

 The department of health is authorized to administer this part, including, but not limited to, the ability to contract with other state agencies or entities to make payments or verify income as required by this part.
TN Code § 71-5-1309 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 13 - Grant Assistance Program for Nursing Home Care|§ 71-5-1309. Funding

 This part shall have no application unless funding is specifically provided for and included in the general appropriations act. During any fiscal year, payments under this part shall not exceed the level of funding specifically provided for such purposes within the general appropriations act.
TN Code § 71-5-1310 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 13 - Grant Assistance Program for Nursing Home Care|§ 71-5-1310. Total Annual Income — Certification of Income

 The amount of total annual income certified by an individual in order to qualify for a grant pursuant to this part shall include income from all sources. The certification of income by the resident shall be subject to verification by the department in its discretion.
TN Code § 71-5-1311 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 13 - Grant Assistance Program for Nursing Home Care|§ 71-5-1311. Veterans Education Benefits

 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.
TN Code § 71-5-1401 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 14 - Long-Term Care Community Choices Act of 2008|§ 71-5-1401. Short Title

 This part shall be known and may be cited as the “Long-Term Care Community Choices Act of 2008.”
TN Code § 71-5-1404 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 14 - Long-Term Care Community Choices Act of 2008|§ 71-5-1404. Development and Implementation of a Statewide Fully Integrated Risk-Based Long-Term Care System

  The commissioner shall develop and implement a statewide fully integrated risk-based long-term care system that integrates medicaid-reimbursed primary, acute and long-term care services, building in strong consumer protections and aligning incentives to ensure that the right care is delivered in the right place at the right time. The long-term care system shall rebalance the overall allocation of funding for medicaid-reimbursed long-term care services by expanding access to and utilization of cost-effective home and community-based alternatives to institutional care for medicaid-eligible individuals. The system may include, subject to the availability of funding in each year's appropriations bill, expansion of Programs of All Inclusive Care for the Elderly (PACE) sites in additional major metropolitan areas of the state.   The commissioner shall ensure that comprehensive, person-centered care coordination across all medicaid primary, acute and long-term care services is a central component of the integrated long-term care system and the contractor risk agreement. A qualified entity shall conduct a comprehensive individualized assessment of needs in accordance with protocols developed by the commissioner, and shall develop a care plan with active participation of the member and family or other caregivers that addresses the identified needs and builds on and does not supplant family and other caregiving supports. The entity responsible for care coordination shall cost-effectively implement the care plan, assure coordination and monitoring of all medicaid primary, acute and long-term care services to assist individuals and family or other caregivers in providing and securing necessary care and assure the availability of a qualified workforce, including backup workers when necessary, to timely provide necessary services.   Nothing in this part may be construed to create an entitlement to home and community-based services; provided, however, that the commissioner shall design and implement the integrated long-term care system in a manner that affords access to the appropriate level of cost-effective home and community-based services for the greatest number of medicaid-eligible elderly or physically disabled individuals, or both, possible, subject to the availability of funding in each year's appropriation bill.   The cost of home and community-based services provided to a medicaid-eligible individual, which includes the cost of home health services or private duty nursing, or both, to the extent covered under the medicaid program, shall not exceed the cost of institutional services for that individual in a nursing facility except as permitted under the current medicaid state plan or any federal waivers.
TN Code § 71-5-1405 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 14 - Long-Term Care Community Choices Act of 2008|§ 71-5-1405. Single Entry Point Into the Long-Term Care System

 The commissioner shall ensure that there is a single entry point into the long-term care system that is responsible for ensuring that persons seeking care and their families have access to readily available, easy-to-understand information about long-term care options. Functions performed by the single entry point may include counseling and assistance in evaluating long-term care options, screening and intake for long-term care programs, facilitated enrollment for medicaid financial eligibility and assistance with evaluation of level of care in order to facilitate determination of medical eligibility for medicaid long-term care services. Activities performed by the single entry point shall be conducted based on clear and consistent policies, processes and timelines in order to expedite access to available long-term care programs and services. To ensure the most seamless and efficient system possible, medicaid-eligible persons shall not be required to go back through the single entry point in order to access long-term care services, but rather shall have a single entity that is responsible for coordinating all of the medicaid benefits the member may need, including medical, behavioral, nursing facility and home and community-based services.
TN Code § 71-5-1406 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 14 - Long-Term Care Community Choices Act of 2008|§ 71-5-1406. Implementation of Policies and Processes by Commissioner

 The commissioner shall implement policies and processes that expedite the determination of medicaid categorical and financial eligibility and medical eligibility for home and community-based programs and services, either through contracted functions of the department of human services or within the bureau of TennCare. The policies and processes may include, but are not limited to, presumptive or immediate medicaid eligibility determination, fast-track eligibility determination, development of specialized units or teams for determination of medicaid eligibility for HCBS, implementation of facilitated enrollment processes and the implementation of an online medical eligibility application process.
TN Code § 71-5-1407 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 14 - Long-Term Care Community Choices Act of 2008|§ 71-5-1407. Level of Care and Continued Stay Criteria — Preadmission Evaluation (Pae) Assessment Tool

  The commissioner shall develop level of care criteria for new nursing facility admissions that ensure that the most intensive level of long-term care services is provided to persons with the highest level of need. The bureau of TennCare shall define the state's medical eligibility criteria for all long-term care services, including nursing facility and home- and community-based waiver services and adopt such standards by rule pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In circumstances under which such standards are initially adopted as emergency rules, the bureau of TennCare shall make the proposed emergency rules available through public notice or a posting on the TennCare website, and shall provide for a public hearing prior to the emergency rule's adoption and implementation. Any changes made to the emergency rules after the public hearing shall be posted on the TennCare website. The bureau of TennCare shall develop the preadmission evaluation (PAE) assessment tool, and shall make the determination of medical eligibility for long-term care services.   Nursing facility residents who meet continued stay criteria and who remain financially eligible for medicaid shall continue to be eligible to receive nursing facility services or cost-effective home and community-based waiver services, and shall not be required to meet new nursing facility level-of-care criteria.   Current enrollees in the statewide home and community-based services waiver program for persons who are elderly or adults with physical disabilities, or both, who meet continued stay criteria and remain financially eligible for medicaid shall continue to be eligible to receive cost-effective home and community-based waiver services and shall not be required to meet new nursing facility level-of-care criteria except for admission to a nursing facility.   The commissioner shall develop and seek approval of a waiver application or amendment to a waiver application that allows persons who meet a lesser level of care, i.e., who do not meet new nursing facility level-of-care criteria, but are at risk of institutional care, to qualify for a more moderate package of medicaid-reimbursed home and community-based waiver services up to a specified enrollment cap.
TN Code § 71-5-1408 (2021)
2021 Tennessee Code|Title 71 - Welfare|Chapter 5 - Programs and Services for Poor Persons|Part 14 - Long-Term Care Community Choices Act of 2008|§ 71-5-1408. Strategies to Encourage Utilization of Cost-Effective Home and Community-Based Services — Requirements Related to Nursing Facility Diversion

  The commissioner shall develop and implement strategies to encourage the utilization of cost-effective home and community-based services in lieu of institutional placement.   The commissioner shall specify in contractor risk agreements with integrated long-term care contractors requirements related to nursing facility diversion. The requirements may include, but are not limited to, the following:  Documentation prior to approval of nursing facility admission that an individual and the individual's family or other caregivers have been advised of home and community-based alternatives and that the alternatives are not appropriate, cost-effective or desired; and   A requirement for care coordinators to work with hospital discharge planners and to provide face-to-face visits in nursing facilities within a minimum number of days following admission to develop a plan, as appropriate, for transition back to a home or community-based setting.