reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 1 - MEDICAL ASSISTANCE ACT (§§ 71-5-NEW — 71-5-199) › Section 71-5-191 - Uniform TennCare claims process

(a)
(1)
Not later than January 1, 2002, the commissioner of commerce and insurance, in consultation with the commissioner of health, shall develop and promulgate by rule a uniform TennCare claims process that contains standardized instructions for completing the form and creates standardized responses to questions and other information required on the form, for providers and managed care organizations participating in the TennCare program to use in the submission of claims by providers seeking payment. Each managed care organization, or its designee that participates in the TennCare program may participate in the development of such uniform claims process. The commissioner of commerce and insurance shall notify all such managed care organizations no less than ten (10) days prior to any and all meetings concerning the development of such claims process to enable such organizations to provide input on the development of such claims process. The uniform process shall require that managed care organizations participating in the TennCare program shall not deviate from the uniform process established by rule pursuant to this section, unless such deviation is specifically approved in writing by TennCare prior to any change being implemented that might result in a claim being rejected for payment. TennCare shall not approve any changes to standardized instructions that do not relate to using alternative codes to facilitate payment for delivered services. Compliance with this section shall be added as a component of the comptroller's annual audit. In addition, such managed care organizations shall be required to develop and implement procedures to ensure that health care providers are regularly informed and educated by the managed care organization regarding billing and claims processing procedures.
(2)
Any managed care organization that fails to comply with this section shall be subject to the penalties set forth in §
56-32-116
or, in the alternative, §
56-32-120
.
(3)
Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
If this section conflicts with any applicable federal waiver concerning medical assistance services delivered pursuant to chapter 5, part 1 of this title, then the commissioner of health is directed to seek an appropriate modification or amendment to such waiver to permit the implementation of this section.
(c)
This section shall be construed so as to be consistent with the terms of any applicable federal waiver for the provision of medical assistance.
Acts 2001, ch. 209, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 1 - MEDICAL ASSISTANCE ACT (§§ 71-5-NEW — 71-5-199) › Section 71-5-192 - Information management system

On or before January 1, 2004, a comprehensive, integrated information management system will be operational for the bureau of TennCare. Not less frequently than quarterly, the division of strategic technology solutions in the department of finance and administration shall provide progress assessments concerning such system to the information systems council (ISC) and the fiscal review committee.
Amended by 2020 Tenn. Acts, ch. 690, s 20, eff. 6/11/2020.
Acts 2002, ch. 880, § 4.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 1 - MEDICAL ASSISTANCE ACT (§§ 71-5-NEW — 71-5-199) › Section 71-5-193 - Children's mental health care - Development of interagency projects and programs

The department shall involve the council in the development of interagency projects and programs, whether state or federally funded, related to children's mental health care, except where otherwise prohibited by state or federal law.
Acts 2008, ch. 1062, § 12.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 1 - MEDICAL ASSISTANCE ACT (§§ 71-5-NEW — 71-5-199) › Section 71-5-194 - Spend down eligibility for medical assistance

On or before July 1, 2003, the department of human services shall make available on the department of human services' web page all rules, operating procedures and any other similar material relative to determining an individual's spend down eligibility for medical assistance under this chapter and the operating procedures and any other similar material necessary for a pharmacy to determine which prescriptions used to qualify the patient for TennCare through the spend down eligibility criteria are eligible to be billed to the TennCare program based on the effective date of eligibility for medical assistance.
Acts 2003, ch. 131, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 1 - MEDICAL ASSISTANCE ACT (§§ 71-5-NEW — 71-5-199) › Section 71-5-195 - Study on use of prescription drugs in nursing homes

The comptroller of the treasury, in conjunction with any appropriate TennCare drug utilization review committees, shall study the use of prescription drugs in nursing homes and the costs of those prescription drugs for residents of nursing homes. The study shall examine prescription use overall, and shall focus on any practices that would improve the quality of resident care while reducing costs to the TennCare program. By January 1, 2005, the comptroller of the treasury shall deliver its report to the speakers of the respective houses of the general assembly.
Acts 2003, ch. 169, § 8.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 1 - MEDICAL ASSISTANCE ACT (§§ 71-5-NEW — 71-5-199) › Section 71-5-196 - 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.
Acts 2003, ch. 239, § 6.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 1 - MEDICAL ASSISTANCE ACT (§§ 71-5-NEW — 71-5-199) › Section 71-5-198 - Prescription drug program waiver

(a)
If necessary, the bureau of TennCare is authorized to seek a research and demonstration waiver under Section 1115 of the federal Social Security Act from the United States department of health and human services to create a TennCare prescription program, subject to funding by the general assembly and the terms and conditions imposed by the waiver.
(b)
To the extent and only to the extent permitted by federal law or the terms of the waiver, the TennCare prescription program may provide a prescription benefit to individuals lacking prescription drug insurance coverage who meet criteria established by the bureau of TennCare and the general assembly in its annual appropriation bill.
(c)
To the extent permitted by federal law and the TennCare waiver, the bureau of TennCare may implement, either independently or in combination with a state preferred drug list (PDL), cost saving measures for pharmaceutical services including, but not limited to, tiered co-payments, reference pricing, prior authorization, step therapy requirements, exclusion from coverage of drugs or classes of drugs, mandating the use of generic drugs, and mandating the use of therapeutic equivalent drugs.
(d)
To the extent permitted by federal law or the terms of the waiver, the bureau of TennCare, through a state pharmacy benefit manager (PBM) or on its own, may negotiate manufacturer rebates for TennCare prescription drug purchases. The bureau of TennCare shall retain ultimate authority to negotiate or contract directly with a pharmaceutical manufacturer, in the interest of implementing rebates or other cost saving measures and for other purposes permitted by this section. Notwithstanding anything under Tennessee law to the contrary, the bureau's designation of a negotiating agent shall not infringe upon the state's ability to negotiate and contract directly with pharmaceutical manufacturers.
(e)
To the extent permitted by federal law or the terms of the waiver, the bureau of TennCare may establish an open enrollment period based on appropriations from the general assembly.
(f)
To the extent permitted by federal law or the terms of the waiver, the bureau of TennCare may contract with another department or a private entity to conduct an eligibility determination. The bureau or a contracted entity may implement an eligibility determination process to ensure participants comply with eligibility standards set by the bureau and the general assembly.
(g)
As permitted by the waiver or federal law, program participants may purchase prescription drugs through pharmacies participating in the state network.
(h)
To the extent permitted by federal law or the terms of the waiver, the bureau of TennCare may establish an enrollment fee to defray administrative expenses associated with the program.
Acts 2003, ch. 350, § 4; 2004, ch. 673, § 14; 2005, ch. 442, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 1 - MEDICAL ASSISTANCE ACT (§§ 71-5-NEW — 71-5-199) › Section 71-5-199 - State preferred drug list

(a)
Except as otherwise provided in this section, the division of TennCare may, in its sole discretion, adopt or amend a state preferred drug list (POL). The adoption or amendment of a POL, and the recommendations of the TennCare pharmacy advisory committee to the division are not agency actions and do not require rulemaking.
(b)
(1)
In establishing and maintaining the POL, the division shall ensure that a non-opioid drug approved by the United States food and drug administration for the treatment or management of pain is not disadvantaged or discouraged with respect to coverage relative to any opioid or narcotic drug for the treatment or management of pain on the POL.
(2)
Subdivision (b)(1) does not prohibit an opioid medication from being preferred over other opioid medications, or a non-opioid medication from being preferred over other non-opioid medications.
(c)
This section applies to a non-opioid drug immediately upon its approval by the United States food and drug administration for the treatment or management of pain, regardless of whether the drug has been reviewed by the division for inclusion on the POL. This section also applies to drugs being provided under a contract between the division and any managed care organization.
Amended by 2024 Tenn. Acts, ch. 762,s 1, eff. 7/1/2024.
Acts 2004, ch. 673, § 15.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 2 - COMMUNITY CLINICS (§§ 71-5-201 — 71-5-202) › Section 71-5-201 - Reimbursement for services - Authorization

(a)
Any community or neighborhood health organization or clinic providing medical services to patients through the utilization of medical students presently enrolled in a medical school accredited by the Association of American Medical Colleges, licensed registered nurses, qualified physician assistants, or any combination of students, registered nurses, and physician assistants where such students, registered nurses, and physician assistants, are under the direction of a licensed physician or physicians, may receive payment for their per patient expenses, or portion of the expenses, which may include, but are not limited to, administrative expenses, overhead expenses, and salaries.
(b)
[Deleted by 2021 amendment.]
Amended by 2021 Tenn. Acts, ch. 565, s 11, eff. 5/26/2021.
Acts 1973, ch. 262, § 2; 1975, ch. 58, § 1; T.C.A., § 14-1929; Acts 1981, ch. 476, § 5; 1983, ch. 168, § 11; 1984, ch. 787, § 11; T.C.A., § 14-23-201.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 2 - COMMUNITY CLINICS (§§ 71-5-201 — 71-5-202) › Section 71-5-202 - Restrictions on services

Medical services that are presently provided in specialized public health facilities as in tuberculosis hospitals, mental institutions, and institutions providing highly specialized inpatient care shall not be undertaken by the organizations and clinics covered by this part, and such services will be rendered under present statutes on a referral basis from such organizations and clinics.
Acts 1973, ch. 262, § 2; 1975, ch. 58, § 3; T.C.A., §§ 14-1931, 14-23-203, 71-5-203.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-NEW - [Newly enacted section not yet numbered]

(a)
The department shall identify any federal regulations or state law or rules that it determines inhibit the department's ability to timely review and approve applications and deliver benefits for the food assistance program.
(b)
The department shall identify any federal waivers it deems necessary to alleviate any federal regulatory limitations it identifies pursuant to subsection (a), and shall, no later than October 31, 2024, submit applications to the federal government for such waivers.
(c)
On or before December 31, 2024, the department shall submit a report to the chair of the health and welfare committee of the senate, the chair of the health committee of the house of representatives, and the legislative librarian that details its findings pursuant to subsection (a), describes any waiver applications it has submitted pursuant to subsection (b) and the status of such applications, and includes recommendations to the general assembly for any statutory changes the department deems necessary to facilitate efficient processing and approval of applications and delivery of benefits for the food assistance program.
Added by 2024 Tenn. Acts, ch. 1047,s 1, eff. 5/28/2024.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-301 - Short title

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.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-302 - Purpose

The purpose of this part is to provide for improved levels of nutrition among economically needy households through a cooperative federal-state program of food assistance to be operated in such counties of this state as may be certified by the department of human services and designated by the secretary of the United States department of agriculture, or its successor agency, to participate in the food stamp program in accordance with the requirements of Public Law 88-525 (
7 U.S.C. § 2011
et seq.), and any amendments to that law or any other subsequently enacted federal statutes on the same subject.
Acts 1971, ch. 136, § 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-2202, 14-27-102.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-303 - Part definitions

As used in this part, unless the context requires otherwise:
(1)
"Applicant" means any person who has applied for benefits under this part;
(2)
"Area manager" means the director or manager of the county or area office of the department of human services;
(3)
"Assistance" or "food assistance" means food stamp coupons, free food stamps or food purchase assistance that is issued or transferred by means of food coupons, food stamps, electronic benefits transfer processes or other means as determined by the department to an eligible household or low-income family pursuant to this part;
(4)
"Commissioner" means the commissioner of human services;
(5)
"County office" means the county office of the department of human services in the county where the applicant or recipient resides and in which county a food stamp program is currently in operation;
(6)
"Department" means the department of human services;
(7)
"Food coupons" or "food stamps" means obligations of the United States government issued or transferred by means of food coupons or food stamps to enable the purchase of food for the eligible household;
(8)
(A)
"Food stamp program or programs" includes the program that enables persons determined eligible for the provision of assistance by the governments of the United States or the state of Tennessee pursuant to this part, to purchase foodstuffs and includes food coupons, food stamps, electronic benefits transfer processes or other means as may be approved for this purpose by the department;
(B)
The commissioner of human services shall have authority to establish a system for distribution of any benefits provided by this part by means of an electronic benefits transfer system or by such other means as the commissioner shall determine is appropriate;
(9)
"Recipient" means any person who has been determined to be eligible to receive benefits under this part and who has received such benefits; and
(10)
"Resident," for the purpose of this part, means any individual who is living within a county in this state in which a food stamp program is in operation, with the intent that such individual's permanent home be within the county, and not temporarily. The department shall adopt rules and regulations under which it shall make this determination; provided, that temporary absences from the state or county shall not cause a person to lose residential status.
Acts 1971, ch. 136, § 3; 1973, ch. 337, § 5; impl. am. Acts 1975, ch. 219, §§ 1 (a, b), 2 (a, b); T.C.A., §§ 14-2203; 14-27-103; Acts 1996, ch. 950, §§ 12, 14.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-305 - Eligibility requirements for assistance

Assistance under this part shall be granted to any needy person, household or low-income family that meets the requirements set forth in federal statutes and such standards of need as may be established by the department or required by any subsequently enacted federal statute on the same subject.
Acts 1971, ch. 136, § 5; T.C.A., §§ 14-2205, 14-27-105.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-306 - Determination of amount of assistance

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.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-307 - Method of applying for assistance

An applicant for assistance under this part, or a person acting in an applicant's behalf, shall file the application in the county office in the county wherein the applicant resides and in which county a food stamp program is currently in operation, in such manner and form as shall be prescribed by the department.
Acts 1971, ch. 136, § 7; T.C.A., §§ 14-2207, 14-27-107.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-308 - Investigation of applications - Determination of eligibility

(a)
When an application for food stamp assistance is filed with the county office, the area manager, or a designated agent, shall promptly make or cause to be made such investigation as it may deem necessary. The object of such investigation shall be to ascertain facts supporting the application and such other information as may be required by the rules and regulations of the department. Upon the completion of such investigation, the area manager or the area manager's designated agent shall, within a reasonable period of time, determine eligibility.
(b)
(1)
Pursuant to the option granted the state by
21 U.S.C. § 862a(d)
, an individual convicted under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in
21 U.S.C. § 862a(a)
against eligibility for food stamp program benefits for such convictions, if such person, as determined by the department:
(A)
(i)
Is currently participating in a substance abuse treatment program approved by the department of human services;
(ii)
Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity;
(iii)
Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or
(iv)
Is determined by a treatment provider licensed by the department of health, division of alcohol and drug abuse services, not to need substance abuse treatment according to TennCare guidelines; and
(B)
Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations.
(2)
Eligibility based upon the factors in subdivision (b)(1) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors for program eligibility.
(3)
Notwithstanding subdivision (b)(1)(A) or (b)(1)(B) to the contrary, a person convicted of a Class A felony for violating title 39, chapter 17, part 4, or convicted of an offense in another jurisdiction that would be classified as a Class A felony under title 39, chapter 17, part 4, if committed in this state, is not eligible for the exemptions provided by this subsection (b).
Amended by 2024 Tenn. Acts, ch. 570,s 5, eff. 7/1/2024.
Acts 1971, ch. 136, § 8; 1973, ch. 337, § 5; T.C.A., §§ 14-2208, 14-27-108; Acts 1996, ch. 950, § 13; 2002, ch. 715, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-309 - Appeal of determination of area manager

If an application is not acted upon by the area manager or the area manager's designated agent within a reasonable time after the filing of the application, or is denied in whole or in part, or if an award of food stamp assistance is modified or cancelled under any provisions of this part, the applicant or recipient may appeal to the department in the manner and form prescribed by the department, and shall be afforded reasonable notice and opportunity for a fair hearing by the department. Written notice of a right to a fair hearing shall be given to each applicant and recipient at such time as any action concerning the amount of benefits awarded to the individual is taken or at the time a decision is made on an applicant's eligibility for such assistance.
Acts 1971, ch. 136, § 9; 1973, ch. 337, § 5; T.C.A., §§ 14-2209, 14-27-109; Acts 1996, ch. 950, § 13.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-310 - Review of determinations of area managers

The department may also, upon its own motion, review any decision of an area manager or an area manager's designated agent and may consider any application upon which a decision has not been made by the area manager or the area manager's 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 binding upon the county involved and shall be complied with by the area manager or the area manager's designated agent.
Acts 1971, ch. 136, § 10; 1973, ch. 337, § 5; T.C.A., §§ 14-2210, 14-27-110; Acts 1996, ch. 950, § 13.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-311 - Election of county to participate

(a)
Any county may elect to participate in the food stamp program by the adoption of a resolution by the county legislative body of the county, requesting certification by the department to the United States department of agriculture, or a successor agency, as to the county's eligibility to so participate in the program.
(b)
Any county electing to participate in the program will be bound by all provisions of this part and the regulations issued pursuant to this part for so long as a food stamp program is in operation in the county.
Acts 1971, ch. 136, § 11; 1973, ch. 303, § 29; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., §§ 14-2211, 14-27-111.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-312 - Administration costs

Cost of the administration of the food stamp program shall consist of a contribution from the federal government in an amount as provided by congress, and a contribution from the state amounting to one hundred percent (100%) of the administrative expenditures not provided through federal funds.
Acts 1971, ch. 136, § 13; 1973, ch. 303, § 1; T.C.A., §§ 14-2213, 14-27-112.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-313 - Receipt or transfer of property by recipient - Notice required - Recovery of excess payments

If at any time during the certification for food stamp assistance, the recipient becomes possessed of any property, real or personal, or income in excess of the amount stated in the recipient's application for such assistance or transfers any of the recipient's property, real or personal, it shall be the duty of the recipient to immediately notify the area manager of the local county office of the department of the transfer, receipt or possession of such property or income. Any food stamp assistance paid after the recipient has come into possession of property, real or personal, or income, or, if it is determined that a recipient possessed property or income in an amount greater than that stated in the recipient's application, or has transferred any of the recipient's property, real or personal, that renders the recipient ineligible to receive such assistance under the rules and regulations of the department, the full amount of such assistance shall be recoverable in a suit by the state as a debt due the state.
Acts 1971, ch. 136, § 18; 1973, ch. 337, § 5; T.C.A., §§ 14-2218, 14-27-113; Acts 1996, ch. 950, § 13.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-315 - 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.
Acts 2003, ch. 239, § 7.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-316 - Data matches

(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.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 3 - FOOD STAMPS (§§ 71-5-NEW — 71-5-317) › Section 71-5-317 - Report - Limitations on exemptions from work requirements applicable to able-bodied adults without dependents

(a)
(1)
The department shall submit a report to the general assembly no later than October 31, 2022, and annually thereafter, to include the following:
(A)
Information from the preceding federal fiscal year related to all instances in which the department sought, applied for, accepted, or renewed a waiver of or exemption to work requirements under the supplemental nutrition assistance program (SNAP) during that federal fiscal year, including details about why the waiver or exemption was sought, applied for, accepted, or renewed, the duration of the waiver or exemption, and the location where the waiver or exemption was applicable; and
(B)
Information from the preceding federal fiscal year related to the number of recipients receiving SNAP benefits in this state, the amount of benefits received, the number of recipients subject to the work requirements of SNAP, and the number of recipients participating in the SNAP employment and training program.
(2)
The report may be submitted electronically.
(b)
The department shall not provide an exemption under
7 U.S.C. § 2015(o)(6)(E)
from the work requirements applicable to able-bodied adults without dependents (ABAWDs) if the individual:
(1)
Refuses, at the time of application and every twelve (12) months thereafter, to register for employment in a manner prescribed by the United States department of agriculture;
(2)
Refuses, without good cause, to participate in an employment and training program to the extent required by the department;
(3)
Refuses, without good cause, to provide the department with sufficient information to allow the department to determine the employment status or the job availability of the individual; or
(4)
Voluntarily and without good cause quits a job or reduces work effort and, after the reduction, the individual is working less than thirty (30) hours per week.
Added by 2022 Tenn. Acts, ch. 972, s 1, eff. 5/3/2022.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 4 - ENERGY ASSISTANCE (§§ 71-5-401 — 71-5-402) › Section 71-5-402 - 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.
Acts 2003, ch. 239, § 8; T.C.A., § 71-5-403.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 5 - PHARMACEUTICAL CONNECTION PROGRAM (§§ 71-5-501 — 71-5-507) › Section 71-5-501 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Department" means the department of finance and administration; and
(2)
"Manufacturer-sponsored prescription drug assistance program" means a program offered by a pharmaceutical manufacturer, through which the manufacturer provides a drug or drugs to eligible persons at no charge or at a discounted cost.
Acts 2005, ch. 474, § 5.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 5 - PHARMACEUTICAL CONNECTION PROGRAM (§§ 71-5-501 — 71-5-507) › Section 71-5-502 - Establishment of pharmaceutical connection program

(a)
The Tennessee pharmaceutical connection program is established to help the uninsured in accessing all manufacturer-sponsored prescription drug assistance programs and other programs for which they may qualify, including, but not limited to, medicare part D prescription drug coverage.
(b)
The department shall administer the program and shall utilize a toll-free number and website as the point of contact for those eligible to participate in the program.
Acts 2005, ch. 474, § 5.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 5 - PHARMACEUTICAL CONNECTION PROGRAM (§§ 71-5-501 — 71-5-507) › Section 71-5-503 - Assistance by department of finance and administration - Volunteer assistance - Assistance in development of program

(a)
The department shall provide assistance as authorized by this part. The assistance provided shall include:
(1)
Assisting persons in identifying and accessing manufacturer-sponsored prescription drug assistance programs for which those persons are or may be eligible;
(2)
Assisting persons in applying for manufacturer-sponsored prescription drug assistance programs for which those persons are or may be eligible;
(3)
Disseminating information about available programs that can provide assistance with obtaining prescription drugs at a lower cost; and
(4)
Assisting persons in comparing medicare part D drug plans, and in applying for the plan best suited to those person's needs.
(b)
(1)
The department may seek and receive voluntary moneys, including grants and gifts, to assist with the implementation of the Tennessee pharmaceutical connection program.
(2)
The department shall include, within the development of the program, the assistance of foundations, independent and chain community pharmacists, volunteers, state agencies, community groups, area agencies on aging, corporations, hospitals, physicians, and any other entity that can further the intent of the program.
Acts 2005, ch. 474, § 5.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 5 - PHARMACEUTICAL CONNECTION PROGRAM (§§ 71-5-501 — 71-5-507) › Section 71-5-504 - Notification about program to pharmaceutical companies - Opportunity for companies to submit information about assistance programs offered by companies

The department shall notify pharmaceutical companies doing business in Tennessee of the Tennessee pharmaceutical connection program, and shall offer pharmaceutical companies the opportunity to submit information to the department about any pharmaceutical assistance programs the pharmaceutical companies offer, the drugs covered by such programs, and all information required for application to the programs.
Acts 2005, ch. 474, § 5.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 5 - PHARMACEUTICAL CONNECTION PROGRAM (§§ 71-5-501 — 71-5-507) › Section 71-5-505 - Strategies to improve access to prescription drugs

The department may implement additional strategies, subject to available resources, to improve access to prescription drugs for persons who have no or inadequate health insurance, or other resources for the purchase of medically necessary prescription drugs.
Acts 2005, ch. 474, § 5.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 5 - PHARMACEUTICAL CONNECTION PROGRAM (§§ 71-5-501 — 71-5-507) › Section 71-5-506 - Annual report

The department shall prepare and submit an annual report on the operations of the Tennessee pharmaceutical connection program to the governor, the speaker of the senate and the speaker of the house of representatives.
Acts 2005, ch. 474, § 5.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 5 - PHARMACEUTICAL CONNECTION PROGRAM (§§ 71-5-501 — 71-5-507) › Section 71-5-507 - Entitlement not created by program

The program established in this part is not, nor does it any way create, an entitlement.
Acts 2005, ch. 474, § 5.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 6 - FEDERAL MATCHING FUNDS (§§ 71-5-601 — 71-5-603) › Section 71-5-601 - Legislative intent

It is the intent of the general assembly that, in order to maximize the medical care available to Tennesseans who are uninsurable but for the availability of Access Tennessee, federal matching funds should be identified and any applicable federal waiver should be negotiated that would enable the state to provide additional benefits or to provide subsidies to assist with payment of premiums or copayments to persons who are eligible for the Access Tennessee program or to any subset of persons who are eligible for the Access Tennessee program, including individuals with incomes below two hundred percent (200%) of the federal poverty level. It is the intent of the general assembly that any funds expended pursuant to this part in the future shall be administered in conformity with the federal determination of budget neutrality that was made in 2002 with respect to coverage of uninsurable adults under the TennCare waiver and in conformity with any federal waiver that shall be obtained in the future.
Acts 2006, ch. 961, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 6 - FEDERAL MATCHING FUNDS (§§ 71-5-601 — 71-5-603) › Section 71-5-602 - Federal waiver authority for matching funds

The commissioner is directed to identify, apply for and negotiate for federal waiver authority for matching funds to support the provision of coverage under this part, which may include innovative approaches and solutions, which may include, but are not limited to, support for health insurance subsidies.
Acts 2006, ch. 961, § 3.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 6 - FEDERAL MATCHING FUNDS (§§ 71-5-601 — 71-5-603) › Section 71-5-603 - Rules and regulations

The commissioner may adopt any rules that are necessary and proper to implement this part, including, but not limited to, any rules or regulations necessary to identify, apply for and negotiate a federal waiver. The rules may be promulgated as emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2006, ch. 961, § 4; 2009, ch. 566, § 12.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 7 - ANNUAL COVERAGE ASSESSMENT ACT OF 2013 (§§ 71-5-701 — 71-5-708) › Section 71-5-701 - Short title

This part is known and may be cited as the "TennCare for Working Individuals with Disabilities Act.
Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
Prior (expired) version of this part added by 2013 Tenn. Acts, ch. 250, s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 7 - ANNUAL COVERAGE ASSESSMENT ACT OF 2013 (§§ 71-5-701 — 71-5-708) › Section 71-5-702 - Part definitions

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.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 7 - ANNUAL COVERAGE ASSESSMENT ACT OF 2013 (§§ 71-5-701 — 71-5-708) › Section 71-5-703 - Legislative intent

It is the intent of the general assembly to remove barriers to employment for individuals who, but for income and resources, meet the federal Social Security definition of having a disability, by providing medical assistance to working individuals with disabilities through a buy-in program in accordance with § 1902(a)(10)(A)(ii)(XIII) of the federal Social Security Act (
42 U.S.C. § 1396a(a)(10)(A)(ii)
(XIII)) and Medicaid eligibility, including using less-restrictive income and resource requirements through the application of § 1902(r)(2) of the Social Security Act (
42 U.S.C. § 1396(r)(2)
) and cost-sharing requirements established by the bureau and approved by the federal centers for medicare and medicaid services.
Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 7 - ANNUAL COVERAGE ASSESSMENT ACT OF 2013 (§§ 71-5-701 — 71-5-708) › Section 71-5-704 - Program establishment

(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 § 71-5163.
(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.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604) › Part 7 - ANNUAL COVERAGE ASSESSMENT ACT OF 2013 (§§ 71-5-701 — 71-5-708) › Section 71-5-705 - Program description

The director shall ensure that the buy-in program:
(1)
Provides categorically needy scope of care;
(2)
Provides home- and community-based long-term services and supports for an enrollee who meets the functional requirements for those programs, is approved for those services, and chooses to enroll in the buy-in program;
(3)
Approves coverage for six (6) months effective the first of the month in which a person applies and meets program requirements;
(4)
Allows a person who is eligible for another TennCare program to choose not to participate in the buy-in program; and
(5)
Deems a person ineligible for buy-in program coverage for a month in which the person received TennCare benefits under the medically needy program.
Added by 2024 Tenn. Acts, ch. 1002,s 1, eff. 5/21/2024.