Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0019 Compare Versions

Only one version of the bill is available at this time.
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44 HOUSE BILL 19
55 By Baum
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88 HB0019
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1111
1212 AN ACT to amend Tennessee Code Annotated, Title 8,
1313 Chapter 27 and Title 56, Chapter 7, Part 6, relative
1414 to covered persons insured under state healthcare
1515 plans.
1616
1717 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1818 SECTION 1. This act is known and may be cited as the "Tennessee State Healthcare
1919 Cost Savings Incentive Program."
2020 SECTION 2. Tennessee Code Annotated, Title 56, Chapter 7, Part 6, is amended by
2121 adding the following as a new section:
2222 56-7-611.
2323 (a) As used in this section:
2424 (1) "Committees" has the same meaning as defined in § 8-27-101;
2525 (2) "Enrollee" means an individual who is insured under a state
2626 healthcare plan;
2727 (3) "Healthcare services and providers" includes services and providers
2828 within and outside of this state;
2929 (4) "State healthcare plan" or "plan" means the group insurance plans
3030 offered under title 8, chapter 27; and
3131 (5) "Third-party vendor":
3232 (A) Means a business entity with:
3333 (i) A minimum of four (4) years of experience delivering
3434 transparency and shared savings programs to a state employee or
3535 healthcare plan with at least one hundred fifty thousand (150,000)
3636 subscribers;
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4141 (ii) A demonstrated positive return on investment for state
4242 clients with at least one hundred fifty thousand (150,000)
4343 subscribers;
4444 (iii) The ability to deliver shared savings programs for
4545 healthcare services and providers and medical and prescription
4646 drug benefits;
4747 (iv) At least fifteen (15) years of experience delivering cost
4848 and quality shopping tools; and
4949 (v) The ability to aggregate and provide cost and quality
5050 ratings for applicable shoppable services to enrollees; and
5151 (B) Does not include a third-party administrator of the plan.
5252 (b)
5353 (1) The committees shall establish an incentive program in accordance
5454 with this section no later than January 1, 2026, to be administered by a third-
5555 party vendor selected under subdivision (c)(1). In establishing the incentive
5656 program, such committees shall work with the third-party vendor with which the
5757 department of finance and administration has entered into a contract to provide
5858 incentives through the incentive program.
5959 (2) The committees shall require the third-party vendor to provide each
6060 enrollee with online information on the cost and quality of healthcare services
6161 and providers, allow an enrollee to shop for healthcare services and providers,
6262 and reward the enrollee by sharing savings generated by the enrollee's choice of
6363 healthcare services or providers. Each contract with such third-party vendor
6464 must require the vendor to:
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6969 (A) Establish an internet-based, consumer-friendly platform that
7070 educates and informs enrollees about the price and quality of healthcare
7171 services and providers, including the average amount paid in each county
7272 for healthcare services and providers. The average amounts paid for
7373 such services and providers must, where appropriate, be expressed for
7474 service bundles, which include all products and services associated with
7575 a particular treatment or episode of care, or for separate and distinct
7676 products and services;
7777 (B) Allow enrollees to shop for healthcare services and providers
7878 using the price and quality information provided on the internet-based
7979 platform;
8080 (C) Permit an agent of the third-party vendor to provide
8181 educational materials and counseling to enrollees regarding the internet-
8282 based platform and the costs of healthcare services and providers; and
8383 (D) Identify the cost savings realized to the enrollee and this state
8484 if the enrollee chooses high-quality, lower-cost healthcare services or
8585 providers, and facilitate a shared cost savings payment to the enrollee.
8686 The amount of shared cost savings must be determined by a
8787 methodology established by the third-party vendor and the department of
8888 finance and administration, in collaboration with the committees, that
8989 must maximize value-based purchasing by enrollees based on historical
9090 claims data. At the discretion of the enrollee, the amount payable to the
9191 enrollee may be:
9292 (i) Credited to a qualified flexible or health benefits or
9393 savings account offered to an enrollee under a healthcare plan; or
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9898 (ii) Paid as a cash reimbursement by direct deposit, check,
9999 or other similar payment method.
100100 (3) The costs to the third-party vendor for administering the incentive
101101 program must be paid to the third-party vendor out of the cost savings realized
102102 under the incentive program.
103103 (c) The department of finance and administration shall:
104104 (1) Contract with a third-party vendor for the incentive program
105105 established under this section in accordance with applicable state procurement
106106 requirements; and
107107 (2) Provide notice to each enrollee, not less than quarterly each year, of
108108 the incentive program established under this section, including a brief description
109109 of the program, and the contact information of the third-party vendor for purposes
110110 of obtaining counseling and pricing in accordance with subdivision (b)(2)(C).
111111 (d) Enrollees are eligible to receive an incentive under the incentive program for
112112 in-network or out-of-network healthcare services and providers if such services and
113113 providers meet the cost-effective criteria established under the incentive program.
114114 (e) The committees, in collaboration with the third-party vendor of the incentive
115115 program, shall submit an annual report to the speakers of the senate and the house of
116116 representatives, the chair of the state and local government committee of the senate, the
117117 chair of the committee of the house of representatives with subject matter jurisdiction
118118 over state government, the chair of the commerce and labor committee of the senate,
119119 and the chair of the committee of the house of representatives with subject matter
120120 jurisdiction over insurance. The report must identify the number of enrollees
121121 participating in the incentive program and the cost savings to the state healthcare plan
122122 as a result of the implementation of the incentive program. The report must be
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127127 submitted no later than March 15, 2027, and no later than March 15 of each year
128128 thereafter.
129129 (f) The third-party vendor of the incentive program shall:
130130 (1) Administer the incentive program created under this section;
131131 (2) Compile a list from which an enrollee may choose high-quality, lower-
132132 cost healthcare services and providers. In compiling the list, the third-party
133133 vendor shall:
134134 (A) Consider the availability and necessity of such services and
135135 providers, and the variance in cost of such services and providers, in a
136136 manner to maximize cost savings under the incentive program; and
137137 (B) Maintain and routinely update such list on its internet website;
138138 and
139139 (3) Make one (1) or more agents available to counsel enrollees on the
140140 incentive program and available healthcare services and providers for purposes
141141 of maximizing cost savings.
142142 (g) Consistent with the intent of this act, and to encourage competition in the
143143 healthcare industry to achieve cost savings for this state and for enrollees in the state
144144 healthcare plan, the department of finance and administration shall promulgate rules
145145 reasonably necessary to carry out this section in accordance with the Uniform
146146 Administrative Procedures Act, compiled in title 4, chapter 5.
147147 SECTION 3. Tennessee Code Annotated, Section 56-7-603(a)(1), is amended by
148148 deleting "Beginning upon approval of the next health insurance rate filing on or after January 1,
149149 2021" and substituting "In addition to the incentives provided under § 56-7-611, beginning upon
150150 approval of the next health insurance rate filing on or after January 1, 2021"; and is amended by
151151 deleting the language "§ 56-7-610" and substituting "§§ 56-7-610 and 56-7-611".
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156156 SECTION 4. Tennessee Code Annotated, Section 56-7-603(a)(2), is amended by
157157 deleting the language "§ 56-7-610" and substituting "§§ 56-7-610 and 56-7-611".
158158 SECTION 5. Tennessee Code Annotated, Section 56-7-609(a), is amended by deleting
159159 "in any year" and substituting "in a year; provided, that this limitation does not apply to the
160160 incentive program required under § 56-7-611".
161161 SECTION 6. For purposes of promulgating rules and carrying out administrative duties
162162 necessary to effectuate this act, this act takes effect upon becoming a law, the public welfare
163163 requiring it. For all other purposes, this act takes effect on January 1, 2026, the public welfare
164164 requiring it, and applies to state healthcare plans issued, delivered, entered into, amended, or
165165 renewed on or after that date.