Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0638 Compare Versions

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2-SENATE BILL 1389
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54 HOUSE BILL 638
65 By Carringer
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98 HB0638
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1312 AN ACT to amend Tennessee Code Annotated, Title 33;
1413 Title 56; Title 63; Title 68 and Title 71, relative to
1514 healthcare providers.
1615
1716 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1817 SECTION 1. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
1918 adding the following as a new section:
2019 (a) As used in this section:
2120 (1) "Bureau" means the bureau of TennCare;
2221 (2) "Director" means the director of TennCare;
2322 (3) "Enrollee" means a person who is enrolled in a medical assistance
2423 health benefit plan;
2524 (4) "Healthcare provider" or "provider" means a person who is licensed,
2625 certified, or otherwise authorized or permitted by the laws of this state to
2726 administer health care in the ordinary course of business or practice of a
2827 profession; and
2928 (5) "Medical assistance health benefit plan" means a policy or contract
3029 for health insurance coverage provided under:
3130 (A) The TennCare program administered under the Medical
3231 Assistance Act of 1968, compiled in title 71, chapter 5, part 1, or a
3332 successor medicaid program; or
3433 (B) The CoverKids Act of 2006, compiled in title 71, chapter 3,
3534 part 11, or a successor program.
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3938
4039 (b) A healthcare provider who participates in a medical assistance health benefit
4140 plan, including a provider participating in the provider network of a managed care
4241 organization that contracts with the bureau of TennCare to provide services under a
4342 medical assistance health benefit plan, shall not refuse to provide healthcare services to
4443 an enrollee based solely on the enrollee's refusal or failure to obtain a vaccine or
4544 immunization for a particular infectious or communicable disease.
4645 (c) The bureau shall not provide reimbursement for a medical assistance health
4746 benefit plan to a provider who violates this section unless and until the bureau finds that
4847 the provider is in compliance with this section.
4948 (d) Subsection (c) applies only with respect to an individual healthcare provider.
5049 The bureau shall not refuse to provide reimbursement to a provider who did not violate
5150 this section based on that provider's membership in a provider group or medical
5251 organization with an individual physician who violated this section.
5352 (e) This section does not apply to a provider who is a specialist in:
5453 (1) Oncology; or
5554 (2) Organ transplant services.
5655 (f) The director shall adopt rules necessary to implement this section, including
5756 rules establishing the right of a provider who is alleged to have violated this section to
5857 seek administrative and judicial review of the alleged violation. The rules must be
5958 promulgated in accordance with the Uniform Administrative Procedures Act, compiled in
6059 title 4, chapter 5.
6160 (g) The director may seek such federal waiver that the director deems necessary
6261 to effectuate this section.
6362 SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.