2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 8 - TENNESSEE COMMISSION ON AGING AND DISABILITY (§§ 52-8-101 — 52-8-210) › Section 52-8-202 - Department powers and duties

(a)
The department shall:
(1)
Designate planning and service areas and area agencies on aging in accordance with the Older Americans Act. The department shall review and amend the boundaries of the planning and service areas as necessary to comply with the Older Americans Act or to reflect changes in governmental boundaries or major changes in population distribution;
(2)
Develop and periodically update, as required under the Older Americans Act, a plan for state programs, services, and activities for older persons;
(3)
Publish a report and analysis of the waitlist for the state options program pertaining to older persons; furnish the report to the governor and members of the general assembly no later than January 15 of each year; and, upon approval of the governor, further distribute copies of the report as considered proper by the commissioner;
(4)
Conduct evaluations, prepare reports, and publish reports in accordance with the requirements in the Older Americans Act;
(5)
Receive the cooperation of other state departments and agencies in carrying out the policies and objectives of this part;
(6)
Make available to older persons information concerning the nutritional benefits of eating garden produce to promote participation by older persons in community gardens, as defined in § 43-24-102; and
(7)
Operate an outreach and counseling program through the state health insurance assistance program (SHIP) to provide state residents with information, education, and counseling regarding medicare; TennCare; medicare supplement insurance; enrollment in the medicare prescription drug plan (Part D) and the accompanying low-income subsidy; finding help with the cost of prescription drugs during coverage gaps and access to drugs not covered under Part D; medicare advantage options; long-term care planning and insurance; claims and billing resolution, information, and referral on public benefit programs; employer and retiree health insurance options for those with medicare and veterans benefits; and other military health insurance for those with medicare.
(b)
Outreach under subdivision (a)(7) must include:
(1)
Assistance for medicare-eligible persons in processing the necessary documents in order to participate in the programs;
(2)
A toll-free number staffed during business hours to provide information regarding the programs;
(3)
A website or referral to website links that provide information regarding the programs; and
(4)
Presentations to senior groups regarding the availability of the programs.
(c)
The department:
(1)
Shall implement the outreach program within available resources;
(2)
May apply for grants to fund programs under this subsection (a);
(3)
May delegate responsibilities to a contractor; and
(4)
May promulgate rules to implement the program, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 2.
(d)
This part and the Long-Term Care Community Choices Act of 2008, compiled in title 71, chapter 5, part 14, does not authorize the department or the commission to exercise any control or authority over any aspect of the administration of programs for home- and community-based long-term care services that were operating on the basis of federal waivers in effect on June 19, 2001.
(e)
In addition to the powers, responsibilities, or duties granted to the department in this part, the department may promulgate, amend, revise, and rescind such rules as are necessary and appropriate to carry out this part in accordance with the Uniform Administrative Procedures Act, including rules necessary for the proper management and oversight of the home- and community-based options program.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.