1 | 1 | | |
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2 | 2 | | <BillNo> <Sponsor> |
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3 | 3 | | |
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4 | 4 | | HOUSE BILL 19 |
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5 | 5 | | By Baum |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | HB0019 |
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9 | 9 | | 000492 |
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10 | 10 | | - 1 - |
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11 | 11 | | |
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12 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 8, |
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13 | 13 | | Chapter 27 and Title 56, Chapter 7, Part 6, relative |
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14 | 14 | | to covered persons insured under state healthcare |
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15 | 15 | | plans. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. This act is known and may be cited as the "Tennessee State Healthcare |
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19 | 19 | | Cost Savings Incentive Program." |
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20 | 20 | | SECTION 2. Tennessee Code Annotated, Title 56, Chapter 7, Part 6, is amended by |
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21 | 21 | | adding the following as a new section: |
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22 | 22 | | 56-7-611. |
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23 | 23 | | (a) As used in this section: |
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24 | 24 | | (1) "Committees" has the same meaning as defined in § 8-27-101; |
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25 | 25 | | (2) "Enrollee" means an individual who is insured under a state |
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26 | 26 | | healthcare plan; |
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27 | 27 | | (3) "Healthcare services and providers" includes services and providers |
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28 | 28 | | within and outside of this state; |
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29 | 29 | | (4) "State healthcare plan" or "plan" means the group insurance plans |
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30 | 30 | | offered under title 8, chapter 27; and |
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31 | 31 | | (5) "Third-party vendor": |
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32 | 32 | | (A) Means a business entity with: |
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33 | 33 | | (i) A minimum of four (4) years of experience delivering |
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34 | 34 | | transparency and shared savings programs to a state employee or |
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35 | 35 | | healthcare plan with at least one hundred fifty thousand (150,000) |
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36 | 36 | | subscribers; |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | - 2 - 000492 |
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40 | 40 | | |
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41 | 41 | | (ii) A demonstrated positive return on investment for state |
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42 | 42 | | clients with at least one hundred fifty thousand (150,000) |
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43 | 43 | | subscribers; |
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44 | 44 | | (iii) The ability to deliver shared savings programs for |
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45 | 45 | | healthcare services and providers and medical and prescription |
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46 | 46 | | drug benefits; |
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47 | 47 | | (iv) At least fifteen (15) years of experience delivering cost |
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48 | 48 | | and quality shopping tools; and |
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49 | 49 | | (v) The ability to aggregate and provide cost and quality |
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50 | 50 | | ratings for applicable shoppable services to enrollees; and |
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51 | 51 | | (B) Does not include a third-party administrator of the plan. |
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52 | 52 | | (b) |
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53 | 53 | | (1) The committees shall establish an incentive program in accordance |
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54 | 54 | | with this section no later than January 1, 2026, to be administered by a third- |
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55 | 55 | | party vendor selected under subdivision (c)(1). In establishing the incentive |
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56 | 56 | | program, such committees shall work with the third-party vendor with which the |
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57 | 57 | | department of finance and administration has entered into a contract to provide |
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58 | 58 | | incentives through the incentive program. |
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59 | 59 | | (2) The committees shall require the third-party vendor to provide each |
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60 | 60 | | enrollee with online information on the cost and quality of healthcare services |
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61 | 61 | | and providers, allow an enrollee to shop for healthcare services and providers, |
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62 | 62 | | and reward the enrollee by sharing savings generated by the enrollee's choice of |
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63 | 63 | | healthcare services or providers. Each contract with such third-party vendor |
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64 | 64 | | must require the vendor to: |
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65 | 65 | | |
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66 | 66 | | |
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67 | 67 | | - 3 - 000492 |
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68 | 68 | | |
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69 | 69 | | (A) Establish an internet-based, consumer-friendly platform that |
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70 | 70 | | educates and informs enrollees about the price and quality of healthcare |
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71 | 71 | | services and providers, including the average amount paid in each county |
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72 | 72 | | for healthcare services and providers. The average amounts paid for |
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73 | 73 | | such services and providers must, where appropriate, be expressed for |
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74 | 74 | | service bundles, which include all products and services associated with |
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75 | 75 | | a particular treatment or episode of care, or for separate and distinct |
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76 | 76 | | products and services; |
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77 | 77 | | (B) Allow enrollees to shop for healthcare services and providers |
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78 | 78 | | using the price and quality information provided on the internet-based |
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79 | 79 | | platform; |
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80 | 80 | | (C) Permit an agent of the third-party vendor to provide |
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81 | 81 | | educational materials and counseling to enrollees regarding the internet- |
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82 | 82 | | based platform and the costs of healthcare services and providers; and |
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83 | 83 | | (D) Identify the cost savings realized to the enrollee and this state |
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84 | 84 | | if the enrollee chooses high-quality, lower-cost healthcare services or |
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85 | 85 | | providers, and facilitate a shared cost savings payment to the enrollee. |
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86 | 86 | | The amount of shared cost savings must be determined by a |
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87 | 87 | | methodology established by the third-party vendor and the department of |
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88 | 88 | | finance and administration, in collaboration with the committees, that |
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89 | 89 | | must maximize value-based purchasing by enrollees based on historical |
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90 | 90 | | claims data. At the discretion of the enrollee, the amount payable to the |
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91 | 91 | | enrollee may be: |
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92 | 92 | | (i) Credited to a qualified flexible or health benefits or |
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93 | 93 | | savings account offered to an enrollee under a healthcare plan; or |
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94 | 94 | | |
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95 | 95 | | |
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96 | 96 | | - 4 - 000492 |
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97 | 97 | | |
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98 | 98 | | (ii) Paid as a cash reimbursement by direct deposit, check, |
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99 | 99 | | or other similar payment method. |
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100 | 100 | | (3) The costs to the third-party vendor for administering the incentive |
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101 | 101 | | program must be paid to the third-party vendor out of the cost savings realized |
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102 | 102 | | under the incentive program. |
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103 | 103 | | (c) The department of finance and administration shall: |
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104 | 104 | | (1) Contract with a third-party vendor for the incentive program |
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105 | 105 | | established under this section in accordance with applicable state procurement |
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106 | 106 | | requirements; and |
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107 | 107 | | (2) Provide notice to each enrollee, not less than quarterly each year, of |
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108 | 108 | | the incentive program established under this section, including a brief description |
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109 | 109 | | of the program, and the contact information of the third-party vendor for purposes |
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110 | 110 | | of obtaining counseling and pricing in accordance with subdivision (b)(2)(C). |
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111 | 111 | | (d) Enrollees are eligible to receive an incentive under the incentive program for |
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112 | 112 | | in-network or out-of-network healthcare services and providers if such services and |
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113 | 113 | | providers meet the cost-effective criteria established under the incentive program. |
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114 | 114 | | (e) The committees, in collaboration with the third-party vendor of the incentive |
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115 | 115 | | program, shall submit an annual report to the speakers of the senate and the house of |
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116 | 116 | | representatives, the chair of the state and local government committee of the senate, the |
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117 | 117 | | chair of the committee of the house of representatives with subject matter jurisdiction |
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118 | 118 | | over state government, the chair of the commerce and labor committee of the senate, |
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119 | 119 | | and the chair of the committee of the house of representatives with subject matter |
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120 | 120 | | jurisdiction over insurance. The report must identify the number of enrollees |
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121 | 121 | | participating in the incentive program and the cost savings to the state healthcare plan |
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122 | 122 | | as a result of the implementation of the incentive program. The report must be |
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123 | 123 | | |
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124 | 124 | | |
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125 | 125 | | - 5 - 000492 |
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126 | 126 | | |
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127 | 127 | | submitted no later than March 15, 2027, and no later than March 15 of each year |
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128 | 128 | | thereafter. |
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129 | 129 | | (f) The third-party vendor of the incentive program shall: |
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130 | 130 | | (1) Administer the incentive program created under this section; |
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131 | 131 | | (2) Compile a list from which an enrollee may choose high-quality, lower- |
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132 | 132 | | cost healthcare services and providers. In compiling the list, the third-party |
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133 | 133 | | vendor shall: |
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134 | 134 | | (A) Consider the availability and necessity of such services and |
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135 | 135 | | providers, and the variance in cost of such services and providers, in a |
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136 | 136 | | manner to maximize cost savings under the incentive program; and |
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137 | 137 | | (B) Maintain and routinely update such list on its internet website; |
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138 | 138 | | and |
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139 | 139 | | (3) Make one (1) or more agents available to counsel enrollees on the |
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140 | 140 | | incentive program and available healthcare services and providers for purposes |
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141 | 141 | | of maximizing cost savings. |
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142 | 142 | | (g) Consistent with the intent of this act, and to encourage competition in the |
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143 | 143 | | healthcare industry to achieve cost savings for this state and for enrollees in the state |
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144 | 144 | | healthcare plan, the department of finance and administration shall promulgate rules |
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145 | 145 | | reasonably necessary to carry out this section in accordance with the Uniform |
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146 | 146 | | Administrative Procedures Act, compiled in title 4, chapter 5. |
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147 | 147 | | SECTION 3. Tennessee Code Annotated, Section 56-7-603(a)(1), is amended by |
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148 | 148 | | deleting "Beginning upon approval of the next health insurance rate filing on or after January 1, |
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149 | 149 | | 2021" and substituting "In addition to the incentives provided under § 56-7-611, beginning upon |
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150 | 150 | | approval of the next health insurance rate filing on or after January 1, 2021"; and is amended by |
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151 | 151 | | deleting the language "§ 56-7-610" and substituting "§§ 56-7-610 and 56-7-611". |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | - 6 - 000492 |
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155 | 155 | | |
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156 | 156 | | SECTION 4. Tennessee Code Annotated, Section 56-7-603(a)(2), is amended by |
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157 | 157 | | deleting the language "§ 56-7-610" and substituting "§§ 56-7-610 and 56-7-611". |
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158 | 158 | | SECTION 5. Tennessee Code Annotated, Section 56-7-609(a), is amended by deleting |
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159 | 159 | | "in any year" and substituting "in a year; provided, that this limitation does not apply to the |
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160 | 160 | | incentive program required under § 56-7-611". |
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161 | 161 | | SECTION 6. For purposes of promulgating rules and carrying out administrative duties |
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162 | 162 | | necessary to effectuate this act, this act takes effect upon becoming a law, the public welfare |
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163 | 163 | | requiring it. For all other purposes, this act takes effect on January 1, 2026, the public welfare |
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164 | 164 | | requiring it, and applies to state healthcare plans issued, delivered, entered into, amended, or |
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165 | 165 | | renewed on or after that date. |
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