<BillNo> <Sponsor>
HOUSE BILL 712
By Hale
HB0712
002413
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AN ACT to amend Tennessee Code Annotated, Title 52
and Title 71, relative to family caregiving.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 52, Chapter 2, Part 10, is amended by
adding the following as a new section:
(a) The commissioner shall develop guidelines for service providers for hiring a
qualified family member as a family care giver. The guidelines must be:
(1) Disseminated to medicaid-participating service provider agencies
annually; and
(2) Published on the department's website.
(b) The department shall not:
(1) Prohibit otherwise qualified individuals from employment as a family
care giver at a service provider agency based on:
(A) A family relation between a family care giver and individual
with a disability receiving services;
(B) Place of residence of the family care giver or individual with a
disability receiving services;
(C) The age of the individual with a disability receiving services;
(D) The parental or spousal relationship between the family care
giver and the individual with a disability receiving services;
(E) The guardianship or conservatorship status of the family care
giver unless explicitly prohibited in guardianship or conservatorship
documents;
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(F) The waiver program in which the individual with a disability
receiving services is enrolled or participating which includes all waiver
programs operating under the division of TennCare and waiver authorities
granted by the federal centers for medicare and medicaid services
including:
(i) Employment and community first choices;
(ii) Choices;
(iii) The Katie Beckett program;
(iv) The self-determination waiver;
(v) The comprehensive aggregate cap waiver; and
(vi) The statewide waiver; and
(G) The separate and additional employment of an unrelated care
giver also providing services to an individual with a disability through
employment with a medicaid-participating service provider agency;
(2) Prevent or dissuade medicaid-participating service provider agencies
from hiring family care givers to provide long-term services and support or home
and community based services to an individual with a disability receiving
services; or
(3) Reduce or otherwise alter the type or extent of benefits granted to an
individual with a disability based on the familial status of the individual providing
the services without engaging in the person-centered planning process.
(c) A family care giver shall not be compensated for care provided in excess of
the amount of long-term supports and services or home and community based services
or benefits designated to an individual with a disability within the person receiving
support's person-centered practice.
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SECTION 2. Tennessee Code Annotated, Title 71, Chapter 5, Part 1, is amended by
adding the following as a new section:
(a) The director of TennCare shall develop guidelines for providers for hiring a
qualified family member as a family care giver. The guidelines must be:
(1) Disseminated to medicaid-participating provider agencies annually;
and
(2) Published on the bureau of TennCare's website.
(b) The bureau of TennCare, and any provider that delivers TennCare services
under contract with the bureau, shall not:
(1) Prohibit otherwise qualified individuals from employment as a family
care giver at a provider agency based on:
(A) A family relation between a family care giver and individual
with a disability receiving services;
(B) Place of residence of the family care giver or individual with a
disability receiving services;
(C) The age of the individual with a disability receiving services;
(D) The parental or spousal relationship between the family care
giver and the individual with a disability receiving services;
(E) The guardianship or conservatorship status of the family care
giver unless explicitly prohibited in guardianship or conservatorship
documents;
(F) The waiver program in which the individual with a disability
receiving services is enrolled or participating which includes all waiver
programs operating in this state under the bureau of TennCare and
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waiver authorities granted by the federal centers for medicare and
medicaid services, including:
(i) Employment and community first choices;
(ii) Choices;
(iii) The Katie Beckett program;
(iv) The self-determination waiver;
(v) The comprehensive aggregate cap waiver; and
(vi) The statewide waiver; and
(G) The separate and additional employment of an unrelated care
giver also providing services to an individual with a disability through
employment with a medicaid-participating provider agency;
(2) Prevent or dissuade medicaid-participating provider agencies from
hiring family care givers to provide long-term services and support or home and
community based services to an individual with a disability receiving services;
and
(3) Reduce or otherwise alter the type or extent of benefits granted to an
individual with a disability based on the familial status of the individual providing
the services without engaging in the person-centered planning process.
(c) A family care giver shall not be compensated for care provided in excess of
the amount of long-term services and supports or home and community based services
or benefits designated to an individual with a disability within the person receiving
support's person-centered practice.
SECTION 3. The department of disability and aging and the director of TennCare are
authorized to promulgate rules to effectuate this act. The rules must be promulgated in
accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
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SECTION 4. For the purposes of promulgating rules, this act takes effect upon
becoming law, the public welfare requiring it. For all other purposes, this act takes effect July 1,
2025, the public welfare requiring it.