4 | 3 | | |
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5 | 4 | | SENATE BILL 401 |
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6 | 5 | | By Lamar |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | SB0401 |
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10 | 9 | | 000078 |
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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 71, |
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14 | 13 | | relative to TennCare. |
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15 | 14 | | |
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16 | 15 | | WHEREAS, access to health care for children is important to the child, the child's family, |
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17 | 16 | | and society at large; and |
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18 | 17 | | WHEREAS, access to health care can influence a child's physical and emotional health, |
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19 | 18 | | growth and development, and capacity to reach their full potential as adults; and |
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20 | 19 | | WHEREAS, children are at increased risk of developing preventable conditions if |
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21 | 20 | | appropriate care is not available when they are sick or injured; and |
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22 | 21 | | WHEREAS, many children who are under the age of eighteen and Tennessee residents |
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23 | 22 | | already qualify for the TennCare Medicaid program or the CoverKids program; and |
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24 | 23 | | WHEREAS, this State has a compelling interest to ensure all eligible children in |
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25 | 24 | | Tennessee have continuous access to healthcare coverage; now, therefore, |
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26 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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27 | 26 | | SECTION 1. Tennessee Code Annotated, Title 71, Chapter 5, Part 1, is amended by |
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28 | 27 | | adding the following as a new section: |
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29 | 28 | | (a) As used in this section: |
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30 | 29 | | (1) "CoverKids program" means the program created pursuant to the |
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31 | 30 | | CoverKids Act of 2006, compiled in chapter 3, part 11 of this title; |
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32 | 31 | | (2) "Director" means the director of TennCare; |
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33 | 32 | | (3) "Division" means the division of TennCare; and |
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34 | 33 | | (4) "Minor" means a person who has not attained eighteen (18) years of |
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35 | 34 | | age. |
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36 | 35 | | |
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37 | 36 | | |
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38 | 37 | | - 2 - 000078 |
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39 | 38 | | |
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40 | 39 | | (b) Notwithstanding ยง 71-5-106 or another law, and to the extent permitted by |
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41 | 40 | | federal law, on and after July 1, 2026, a minor who is enrolled in TennCare medicaid or |
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42 | 41 | | the CoverKids program remains eligible for TennCare medicaid and the CoverKids |
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43 | 42 | | program until the minor reaches eighteen (18) years of age. |
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44 | 43 | | (c) On and after July 1, 2026, the division shall not subject a minor who is |
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45 | 44 | | enrolled in TennCare medicaid or the CoverKids program to a redetermination of |
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46 | 45 | | eligibility or disenroll the minor from TennCare medicaid or the CoverKids program |
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47 | 46 | | unless the division has knowledge to indicate that: |
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48 | 47 | | (1) The minor's parent or guardian requests the minor's voluntary |
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49 | 48 | | disenrollment; |
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50 | 49 | | (2) The minor is deceased; |
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51 | 50 | | (3) The minor no longer resides in this state; |
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52 | 51 | | (4) The minor's family income exceeds eligibility limits for TennCare |
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53 | 52 | | medicaid and the CoverKids program; or |
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54 | 53 | | (5) Initial enrollment of the minor was based on a division error or on |
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55 | 54 | | fraud, abuse, or perjury by the minor's parent or guardian in a manner that would |
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56 | 55 | | disqualify the minor for enrollment eligibility in TennCare medicaid or the |
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57 | 56 | | CoverKids program. |
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58 | 57 | | (d) This section does not prohibit the division from shifting an enrolled minor |
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59 | 58 | | from TennCare medicaid to the CoverKids program, or from the CoverKids program to |
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60 | 59 | | TennCare medicaid, for purposes of maintaining eligibility. |
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61 | 60 | | (e) The director shall submit to the federal centers for medicare and medicaid |
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62 | 61 | | services a request for any federal waiver the director deems necessary to effectuate this |
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63 | 62 | | section no later than December 31, 2025. |
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64 | 63 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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