SENATE BILL 401
By Lamar
HOUSE BILL 1387
By Harris
HB1387
000078
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AN ACT to amend Tennessee Code Annotated, Title 71,
relative to TennCare.
WHEREAS, access to health care for children is important to the child, the child's family,
and society at large; and
WHEREAS, access to health care can influence a child's physical and emotional health,
growth and development, and capacity to reach their full potential as adults; and
WHEREAS, children are at increased risk of developing preventable conditions if
appropriate care is not available when they are sick or injured; and
WHEREAS, many children who are under the age of eighteen and Tennessee residents
already qualify for the TennCare Medicaid program or the CoverKids program; and
WHEREAS, this State has a compelling interest to ensure all eligible children in
Tennessee have continuous access to healthcare coverage; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 71, Chapter 5, Part 1, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "CoverKids program" means the program created pursuant to the
CoverKids Act of 2006, compiled in chapter 3, part 11 of this title;
(2) "Director" means the director of TennCare;
(3) "Division" means the division of TennCare; and
(4) "Minor" means a person who has not attained eighteen (18) years of
age.
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(b) Notwithstanding ยง 71-5-106 or another law, and to the extent permitted by
federal law, on and after July 1, 2026, a minor who is enrolled in TennCare medicaid or
the CoverKids program remains eligible for TennCare medicaid and the CoverKids
program until the minor reaches eighteen (18) years of age.
(c) On and after July 1, 2026, the division shall not subject a minor who is
enrolled in TennCare medicaid or the CoverKids program to a redetermination of
eligibility or disenroll the minor from TennCare medicaid or the CoverKids program
unless the division has knowledge to indicate that:
(1) The minor's parent or guardian requests the minor's voluntary
disenrollment;
(2) The minor is deceased;
(3) The minor no longer resides in this state;
(4) The minor's family income exceeds eligibility limits for TennCare
medicaid and the CoverKids program; or
(5) Initial enrollment of the minor was based on a division error or on
fraud, abuse, or perjury by the minor's parent or guardian in a manner that would
disqualify the minor for enrollment eligibility in TennCare medicaid or the
CoverKids program.
(d) This section does not prohibit the division from shifting an enrolled minor
from TennCare medicaid to the CoverKids program, or from the CoverKids program to
TennCare medicaid, for purposes of maintaining eligibility.
(e) The director shall submit to the federal centers for medicare and medicaid
services a request for any federal waiver the director deems necessary to effectuate this
section no later than December 31, 2025.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.