1 | 1 | | |
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2 | 2 | | HOUSE BILL 18 |
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3 | 3 | | By Baum |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 164 |
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6 | 6 | | By Yarbro |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB0164 |
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10 | 10 | | 000491 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 71, |
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14 | 14 | | Chapter 5, relative to TennCare. |
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15 | 15 | | |
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16 | 16 | | WHEREAS, it is the desire of the General Assembly to assist Tennesseans in times of |
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17 | 17 | | need; and |
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18 | 18 | | WHEREAS, such assistance should be provided in a manner that does not foster long- |
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19 | 19 | | term, chronic dependency on government assistance; and |
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20 | 20 | | WHEREAS, the temporary provision of high-quality healthcare coverage is one form of |
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21 | 21 | | that assistance; now, therefore, |
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22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STA TE OF TENNESSEE: |
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23 | 23 | | SECTION 1. Tennessee Code Annotated, Title 71, Chapter 5, Part 1, is amended by |
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24 | 24 | | adding the following as a new section: |
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25 | 25 | | (a) As used in this section: |
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26 | 26 | | (1) "CoverKids program" means the program established pursuant to the |
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27 | 27 | | CoverKids Act of 2006, compiled in chapter 3, part 11 of this title, to provide |
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28 | 28 | | health insurance coverage to children; and |
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29 | 29 | | (2) "Temporary TennCare benefits program" means medical assistance |
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30 | 30 | | provided on a temporary basis to an individual who is otherwise ineligible on the |
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31 | 31 | | basis of income for enrollment in medical assistance under this part or in the |
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32 | 32 | | CoverKids program. |
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33 | 33 | | (b) The bureau of TennCare shall submit by December 31, 2025, a waiver |
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34 | 34 | | application to the federal centers for medicare and medicaid services that establishes a |
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35 | 35 | | temporary TennCare benefits program. |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 000491 |
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39 | 39 | | |
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40 | 40 | | (c) The temporary TennCare benefits program must include provisions for the |
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41 | 41 | | following: |
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42 | 42 | | (1) Medical assistance must be available for a period not to exceed |
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43 | 43 | | twelve (12) months in a period of twenty-four (24) months, up to a cumulative |
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44 | 44 | | maximum of sixty (60) months during the years prior to the individual's twenty- |
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45 | 45 | | first birthday, for an individual who: |
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46 | 46 | | (A) Is less than twenty-one (21) years of age; |
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47 | 47 | | (B) Is from a family that has income not greater than one hundred |
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48 | 48 | | thirty-eight percent (138%) of the federal poverty level; and |
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49 | 49 | | (C) Is not currently eligible for medical assistance under this part, |
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50 | 50 | | enrollment in the CoverKids program, or a successor program; |
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51 | 51 | | (2) Medical assistance must be available for a period not to exceed |
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52 | 52 | | twelve (12) months in a period of twenty-four (24) months, up to a cumulative |
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53 | 53 | | maximum of sixty (60) months during the individual's remaining lifetime, for an |
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54 | 54 | | individual who: |
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55 | 55 | | (A) Is twenty-one (21) years of age or older; |
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56 | 56 | | (B) Has an income not greater than one hundred thirty-eight |
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57 | 57 | | percent (138%) of the federal poverty level; and |
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58 | 58 | | (C) Is not currently eligible for medical assistance under this part; |
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59 | 59 | | (3) |
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60 | 60 | | (A) The temporary benefits provided in subdivisions (c)(1) and |
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61 | 61 | | (c)(2) do not replace or substitute for enrollment in medical assistance |
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62 | 62 | | under this part, the CoverKids program, or successor programs if the |
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63 | 63 | | individual becomes eligible for one (1) or more of those programs while |
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64 | 64 | | the individual is enrolled in the temporary TennCare benefits program; |
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65 | 65 | | |
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66 | 66 | | |
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67 | 67 | | - 3 - 000491 |
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68 | 68 | | |
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69 | 69 | | (B) Receipt of the temporary benefits provided in this subsection |
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70 | 70 | | (c) does not preclude an individual who becomes eligible for medical |
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71 | 71 | | assistance, the CoverKids program, or a successor program from |
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72 | 72 | | applying for enrollment in those programs; |
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73 | 73 | | (C) If an individual becomes enrolled in medical assistance, the |
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74 | 74 | | CoverKids program, or a successor program while the individual is |
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75 | 75 | | receiving temporary benefits, then the temporary benefits are paused; |
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76 | 76 | | (D) For an individual contemplated in subdivision (c)(2), the sixty- |
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77 | 77 | | month limit resets upon the individual's twenty-first birthday. Any |
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78 | 78 | | remaining time does not carry forward from prior to the individual's |
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79 | 79 | | twenty-first birthday; and |
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80 | 80 | | (E) Enrollment in the temporary TennCare benefits program must |
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81 | 81 | | begin six (6) months following the date of federal approval of a necessary |
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82 | 82 | | waiver; |
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83 | 83 | | (4) The program is funded using ninety percent (90%) federal funds and |
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84 | 84 | | ten percent (10%) state funds; and |
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85 | 85 | | (5) The program and any federal waiver sought to enable the program |
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86 | 86 | | must leave unchanged the TennCare block grant financing agreement that was |
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87 | 87 | | negotiated pursuant to ยง 71-5-163 and subsequently approved by the federal |
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88 | 88 | | centers for medicare and medicaid services and by joint resolution of the general |
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89 | 89 | | assembly. |
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90 | 90 | | (d) The bureau of TennCare shall promulgate rules in accordance with the |
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91 | 91 | | Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to administer the |
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92 | 92 | | temporary TennCare benefits program. The rules must include: |
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93 | 93 | | (1) An application system for new and returning beneficiaries; |
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94 | 94 | | |
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95 | 95 | | |
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96 | 96 | | - 4 - 000491 |
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97 | 97 | | |
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98 | 98 | | (2) A record of beneficiaries, including: |
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99 | 99 | | (A) A beneficiary who becomes eligible for medical assistance, |
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100 | 100 | | the CoverKids program, or a successor program while the beneficiary is |
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101 | 101 | | receiving temporary benefits; and |
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102 | 102 | | (B) A beneficiary who was previously enrolled in medical |
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103 | 103 | | assistance, the CoverKids program, or a successor program; and |
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104 | 104 | | (3) A time-tracking system that maintains a record of a beneficiary's use |
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105 | 105 | | of the program and that makes the record available to the beneficiary. |
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106 | 106 | | (e) The bureau shall strive to enable applicants for temporary benefits to access |
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107 | 107 | | benefits in a timely fashion. |
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108 | 108 | | (f) The temporary TennCare benefits program does not constitute an entitlement |
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109 | 109 | | to coverage for eligible individuals, and the availability of program benefits is subject to |
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110 | 110 | | appropriations made in the annual appropriations act for that purpose. |
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111 | 111 | | SECTION 2. Tennessee Code Annotated, Section 71-5-126, is amended by designating |
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112 | 112 | | the existing language as subsection (a) and adding the following as a new subsection: |
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113 | 113 | | (b) Subsection (a) does not apply to actions by the governor that are necessary |
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114 | 114 | | to establish the temporary TennCare benefits program pursuant to SECTION 1. |
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115 | 115 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it. |
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