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TennCare amends rules to allow immediate family members to be paid for some home‑based services
Summary
TennCare presented permanent rules implementing a 2024 legislative change to allow immediate family members to receive payment for certain home- and community-based services and home-health or private-duty nursing when they meet participating-provider requirements or are employed by a provider agency; the committee advanced the rules after lawmakers asked about safeguards and oversight.
Amanda Petri, associate counsel for TennCare, told lawmakers the permanent rules amend multiple TennCare rule chapters to reflect Public Chapter 621 so immediate family members are no longer categorically precluded from payment for home- and community-based services and certain nursing and home-health services when they meet provider requirements.
"This law states that TennCare cannot prohibit an individual who enters an employment agreement with a provider agency participating in the TennCare program from receiving payment for home and community based services provided to an eligible TennCare enrollee based on the fact the individual providing the services resides in the same home as the enrollee," Petri said. She also said conservators may be paid if allowed by the conservatorship order. Lawmakers asked about safeguards and oversight; Petri said family-member providers employed by a provider agency remain subject to the same rules, oversight and supervision as other provider employees.
The committee received no public comment, moved the rules and the chair announced the item moves out with a positive recommendation.
