HB 712 - SB 1178 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly February 26, 2025 Fiscal Analyst: Chris Higgins | Email: chris.higgins@capitol.tn.gov | Phone: 615-741-2564 HB 712 - SB 1178 SUMMARY OF BILL: Requires the Commissioner of the Department of Disability and Aging (DDA) to develop guidelines for service providers for hiring a qualified family member as a family caregiver, which must be disseminated annually to Medicaid-participating provider agencies and published on the DDA's website. Establishes that a family caregiver may not be compensated for care provided in excess of the amount of long-term services and supports (LTSS) or home and community-based services (HCBS) or benefits designated to an individual with a disability within the person receiving support's person-centered practice. Requires the Director of TennCare to develop guidelines for providers for hiring a qualified family member as a family caregiver, which must be disseminated annually to Medicaid-participating provider agencies and published on the Division of TennCare's (Division's) website. Establishes that a family caregiver may not be compensated for care provided in excess of the amount of LTSS or HCBS designated to an individual with a disability within the person receiving support's person- centered practice. FISCAL IMPACT: NOT SIGNIFICANT Assumptions: • The Division and DDA can develop and disseminate the required guidelines regarding family caregivers utilizing existing personnel and resources; without a significant increase in expenditures. • Family members of eligible individuals receiving LTSS are currently permitted to be paid as workers when employed by a provider agency. • Pursuant to Tenn. Code Ann. § 71-5-1404(e), an individual who enters an employment agreement with a provider agency participating in the TennCare program is not ineligible to receive payment for providing Medicaid-reimbursed home- and community-based long- term care services to an individual eligible to receive such services on the basis that the individual providing care and the individual receiving care reside in the same home. • The proposed legislation does not increase the total amount of LTSS or HCBS that may be provided to an individual; therefore, any fiscal impact to the Division or DDA is estimated to be not significant. HB 712 - SB 1178 2 IMPACT TO COMMERCE: NOT SIGNIFICANT Assumption: • Requiring guidelines to be created for hiring family caregivers will not have a significant impact on commerce or jobs in the state. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director