4 | 3 | | |
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5 | 4 | | HOUSE BILL 638 |
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6 | 5 | | By Carringer |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0638 |
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10 | 9 | | 002021 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 33; |
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14 | 13 | | Title 56; Title 63; Title 68 and Title 71, relative to |
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15 | 14 | | healthcare providers. |
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16 | 15 | | |
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17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 17 | | SECTION 1. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by |
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19 | 18 | | adding the following as a new section: |
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20 | 19 | | (a) As used in this section: |
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21 | 20 | | (1) "Bureau" means the bureau of TennCare; |
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22 | 21 | | (2) "Director" means the director of TennCare; |
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23 | 22 | | (3) "Enrollee" means a person who is enrolled in a medical assistance |
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24 | 23 | | health benefit plan; |
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25 | 24 | | (4) "Healthcare provider" or "provider" means a person who is licensed, |
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26 | 25 | | certified, or otherwise authorized or permitted by the laws of this state to |
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27 | 26 | | administer health care in the ordinary course of business or practice of a |
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28 | 27 | | profession; and |
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29 | 28 | | (5) "Medical assistance health benefit plan" means a policy or contract |
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30 | 29 | | for health insurance coverage provided under: |
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31 | 30 | | (A) The TennCare program administered under the Medical |
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32 | 31 | | Assistance Act of 1968, compiled in title 71, chapter 5, part 1, or a |
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33 | 32 | | successor medicaid program; or |
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34 | 33 | | (B) The CoverKids Act of 2006, compiled in title 71, chapter 3, |
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35 | 34 | | part 11, or a successor program. |
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36 | 35 | | |
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37 | 36 | | |
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38 | 37 | | - 2 - 002021 |
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39 | 38 | | |
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40 | 39 | | (b) A healthcare provider who participates in a medical assistance health benefit |
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41 | 40 | | plan, including a provider participating in the provider network of a managed care |
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42 | 41 | | organization that contracts with the bureau of TennCare to provide services under a |
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43 | 42 | | medical assistance health benefit plan, shall not refuse to provide healthcare services to |
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44 | 43 | | an enrollee based solely on the enrollee's refusal or failure to obtain a vaccine or |
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45 | 44 | | immunization for a particular infectious or communicable disease. |
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46 | 45 | | (c) The bureau shall not provide reimbursement for a medical assistance health |
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47 | 46 | | benefit plan to a provider who violates this section unless and until the bureau finds that |
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48 | 47 | | the provider is in compliance with this section. |
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49 | 48 | | (d) Subsection (c) applies only with respect to an individual healthcare provider. |
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50 | 49 | | The bureau shall not refuse to provide reimbursement to a provider who did not violate |
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51 | 50 | | this section based on that provider's membership in a provider group or medical |
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52 | 51 | | organization with an individual physician who violated this section. |
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53 | 52 | | (e) This section does not apply to a provider who is a specialist in: |
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54 | 53 | | (1) Oncology; or |
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55 | 54 | | (2) Organ transplant services. |
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56 | 55 | | (f) The director shall adopt rules necessary to implement this section, including |
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57 | 56 | | rules establishing the right of a provider who is alleged to have violated this section to |
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58 | 57 | | seek administrative and judicial review of the alleged violation. The rules must be |
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59 | 58 | | promulgated in accordance with the Uniform Administrative Procedures Act, compiled in |
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60 | 59 | | title 4, chapter 5. |
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61 | 60 | | (g) The director may seek such federal waiver that the director deems necessary |
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62 | 61 | | to effectuate this section. |
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63 | 62 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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