71-5-1605 - Legislative intent for effective and efficient plan to deliver a long-term care services system with a home and community-based services component.
71-5-1605. Legislative intent for effective and efficient plan to deliver a long-term care services system with a home and community-based services component.
(a) It is the intent of this part that plans be made carefully and be reviewed thoroughly to help ensure that new programs will achieve their intended purposes, and to help ensure that the general assembly and the public can have confidence that the state will deliver a long-term care services system with a home and community-based services component that is effective and efficient.
(b) To these ends, the committee shall review proposed expenditures and program proposals for long-term care and shall make its comments on proposed expenditures and program activities in a timely fashion according to the following:
(1) Any proposed expenditure of funds to implement new programs or expand existing programs and any administrative or management changes requiring additional expenditures, shall be filed in writing by the commissioner of finance and administration with the committee and may be reviewed by the committee. After any such review, the committee may comment to the commissioner of finance and administration on the proposed expenditures; provided, that any such comment shall be made within thirty (30) days after receipt by the committee of the proposal for such expenditures. If the expenditures are made before the committee has made its comments, if any, or if expenditures are made that are inconsistent with the comments of the committee, the commissioner of finance and administration shall explain in writing the reasons for making such expenditures to the committee and each other member of the general assembly.
(2) (A) Subject to subdivision (b)(2)(B), any proposed federal waivers or waiver amendments and any contracts and amendments involving risk based contractors or managed care organizations shall be filed in writing by the commissioner of finance and administration with the committee at the least thirty (30) days before it is filed or submitted to the federal government or entered into with a contractor. The committee has the authority to review such plans and proposals and, after the review, the committee may comment to the commissioner of finance and administration and the commissioner is encouraged to consider the committee's comments, if any, in making its decisions.
(B) Before the commissioner of finance and administration may submit a request for a new waiver, an amendment to the waiver or a renewal of the waiver for the TennCare program to the United States department of health and human services, the commissioner shall transmit such proposed waiver, renewal or amendment to the committee in writing for comment at least thirty (30) days prior to submission of the waiver to the department of health and human services. No such waiver, amendment or renewal request may be submitted or take effect unless the committee has been afforded the opportunity to comment. Since such waiver, amendment or renewal requests are legally enforceable when they take effect, the committee shall review the waivers, amendments or renewal requests in the same manner as proposed legislation, subject to the thirty-day period required by this subsection (b).
(3) Any proposed rules for implementing any provision of this part, except for emergency rules, shall be filed in writing by the commissioner of finance and administration with the committee at the least thirty (30) days before it is filed or goes into effect. No such rules may be submitted to the secretary of state or take effect unless the committee has been afforded the opportunity to comment. The committee has the authority to review such rules and, after such review, the committee may comment to the commissioner of finance and administration and the commissioner is encouraged to consider the committee's comments, if any, in making its decisions. This rule review is separate from any rule review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
[Acts 2008, ch. 1190, § 26; 2009, ch. 566, § 12.]