Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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PUBLIC CHAPTER NO. 182
SENATE BILL NO. 1178
By Akbari, Haile, Massey, Yarbro, Campbell, Hatcher, Reeves
Substituted for: House Bill No. 712
By Hale, Sherrell, Bricken, Behn, Grills, Freeman, Vital, Parkinson, Hardaway, Reneau,
Helton-Haynes, Clemmons, Camper, Doggett, Hawk, Davis
AN ACT to amend Tennessee Code Annotated, Title 52 and Title 71, relative to family .caregivi~g.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 52, Chapter 2, Part 10, is amended by adding
the following as a new section:
(a) The commissioner shall develop guidelines for service providers for hiring a
qualified family member as a family caregiver. The guidelines must be:
(1) Disseminated to medicaid-participating service provider agencies annually;
and
(2) Published on the department's website.
(b) The department shall not:
(1) Prohibit otherwise qualified individuals from employment as a family
caregiver at a service provider agency based on:
(A) A family relation between a family caregiver and individual with a
disability receiving services;
(B) Place of residence of the family caregiver or individual with a
disability receiving services;
(C) The age of the individual with a disability receiving services;
(D) The parental or spousal relationship between the family caregiver
and the individual with a disability receiving services;
(E) The guardianship or conservatorship status of the family caregiver
unless explicitly permitted in guardianship or conservatorship documents;
(F) The waiver program in which the individual with a disability receiving
services is enrolled or participating which includes all waiver programs
operating under the division of TennCare and waiver authorities granted by the
federal centers for medicare and medicaid services including:
(i) Employment and community first choices;
(ii) Choices;
(iii) The Katie Beckett program;
(iv) The self-determi~ation waiver;
(v) The comprehensive aggregate cap waiver; and
SB 1178
(vi) The statewide waiver; and
(G) The separate and additional employment of an unrelated caregiver
also providing services to an individual with a disability through employment
with a medicaid-participating service provider agency;
(2) Prevent or dissuade medicaid-participating service provider agencies from
hiring family caregivers to provide long-term services and support or home and
community based services to an individual with a disability receiving services; or
(3) Reduce or otherwise alter the type or extent of benefits granted to an
individual with a disability based on the familial status of the individual providing the
services without engaging in the person-centered planning process.
(c) A family caregiver shall not be compensated for care provided in excess of the
amount of long-term supports and services or home and community based services or
benefits designated to an individual with a disability within the person receiving support's
person-centered practice.
SECTION 2. Tennessee Code Annotated, Title 71, Chapter 5, Part 1, is amended by adding
the following as a new section:
(a) The director of TennCare shall develop guidelines for providers for hiring a
qualified family member as a family caregiver. The guidelines must be:
(1) Disseminated to medicaid-participating provider agencies annually; and
(2) Published on the bureau of TennCare's website.
(b) The bureau of TennCare, and any provider that delivers TennCare services under
contract with the bureau, shall not:
(1) Prohibit otherwise qualified individuals from employment as a family
caregiver at a provider agency based on:
(A) A family relation between a family caregiver and individual with a
disability receiving services;
(B) Place of residence of the family caregiver or individual with a
disability receiving services;
(C) The age of the individual with a disability receiving services;
(D) The parental or spousal relationship between the family caregiver
and the individual with a disability receiving services;
(E) The guardianship or conservatorship status of the family caregiver
unless explicitly permitted in guardianship or conservatorship documents;
(F) The waiver program in which the individual with a disability
receiving services is enrolled or participating which includes all waiver
programs operating in this state under the bureau of TennCare and waiver
authorities granted by the federal centers for medicare and medicaid services,
including:
(i) Employment and community first choices;
(ii) Choices;
(iii) The Katie Beckett program;
(iv) The self-determination waiver;
(v) The comprehensive aggregate cap waiver; and
(vi) The statewide waiver; and
(G) The separate and additional employment of an unrelated caregiver
also providing services to an individual with a disability through employment
with a medicaid-participating provider agency;
2
SB 1178
(2) Prevent or dissuade medicaid-participating provider agencies from hiring
family caregivers to provide long-term services and support or home and community
based services to an individual with a disability receiving services; and
(3) Reduce or otherwise alter the type or extent of benefits granted to an
individual with a disability based on the familial status of the individual providing the
services without engaging in the person-centered planning process.
(c) A family caregiver shall not be compensated for care provided in excess of the
amount of long-term services and supports or home and community based services or
benefits designated to an individual with a disability within the person receiving support's
person-centered practice.
SECTION 3. The department of disability and aging and the director of TennCare are
authorized to promulgate rules to effectuate this act. The rules must be promulgated in accordance
with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
SECTION 4. For the purposes of promulgating rules, this act takes effect upon becoming
law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2025, the
public welfare requiring it.
3
SENATE BILL NO. 1178
PASSED: March 31, 2025
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\ RANDYI\-
SPEAKER OF THE SENATE
CAMERONSEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
Apo APPROVED this ntl-. day of I 2025
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BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.