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Tennessee General Assembly· HB 2389Sponsor(s) Added.

Drugs, Prescription - As enacted, requires the bureau of TennCare to biannually publish two comprehensive statewide data reports on the use of psychotropic medications and the psychotropic medications' associated costs w, the official text

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                              PUBLIC CHAPTER NO. 659

                                                    SENATE BILL NO. 2255

  By Taylor, Bowling, Crowe, Hensley, Johnson, Jackson, Harshbarger, Seal, Stevens, Rose,
                                                                Walley

                                           Substituted for: House Bill No. 2389

 By Brock Martin, Littleton, Reeves, Reneau, Chism, Hill, Moody, Warner, Capley, Tim Hicks, Davis,
                                                              Bricken

AN ACT to amend Tennessee Code Annotated, Title 37; Title 68 and Title 71, relative to
          psychotropic medication.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 71, Chapter 5, Part 1, is amended by adding
the following as a new section:

                    (a) As used in this section:

                              (1) "Bureau" means the bureau of TennCare; and

                              (2) "Psychotropic medication":

                                        (A) Means a drug that exercises a direct effect upon the central
                              nervous system and that is capable of influencing and modifying behaviors;
                              and

                                        (8) Includes:

                                                  (i) Antipsychotics;

                                                  (ii) Antidepressants;

                                                  (iii) Agents for control of mania and depression;

                                                  (iv) Antianxiety agents;·

                                                  (v) Psychomotor stimulants; and

                                                  (vi) Hypnotics.

                    (b) The bureau, in consultation with the department of health and the department of
          children's services, shall publish no later than January 1, 2027, and biannually thereafter, two
          (2) comprehensive statewide data reports on the use of psychotropic medication and the
          psychotropic medication's associated costs. The data must be primarily derived from any
          medical and pharmacy claims from the TennCare program, as described in this chapter, and,
          to the extent authorized by the federal centers for medicare and medicaid services, from
          federal data sources.

                    (c) The first report must contain the number of persons prescribed at least one (1)
          psychotropic medication, categorized by the following:

                              (1) Age groups, as follows:

                                        (A) Birth to five (5) years of age;
SB 2255

                                        (8) Six (6) to twelve (12) years of age;

                                        (C) Thirteen (13) to seventeen (17) years of age;

                                        (D) Eighteen (18) to sixty-four (64) years of age; and

                                        (E) Sixty-five (65) years of age and older;

                              (2) The number of distinct covered outpatient psychotropic medications paid
                    through the TennCare pharmacy benefit prescribed per person over the course of
                    one (1) year:

                                        (A) One (1) to three (3);

                                        (8) Four (4) to six (6);

                                     (C) Seven (7) to ten (1 0);

                                        (D) Eleven (11) to fourteen (14); and

                                        (E) Fifteen (15) or more;

                              (3) The person's county of residence, unless de-identification measures are
                    needed as outlined in subsection (g);

                              (4) The percentages of the total TennCare population in each category in
                    subdivisions (c)(1 ), (2), and (3); and

                              (5) The total cost of psychotropic medications paid by the TennCare program,
                    as described in title 71, chapter 5, with separate subtotals for state funds and federal
                    funds, categorized by the same age, medication count, and county criteria as
                    described in this subsection (c), unless de-identification measures are needed as
                    outlined in subsection (g).

                    (d) The second report must contain the number of children in state custody who are
          receiving foster care services as described in § 37-2-604 and who are prescribed
          psychotropic medication when the covered outpatient medication is paid through the
          TennCare pharmacy benefit, categorized by the following:

                              (1) Age groups, as follows:

                                        (A) Birth to five (5) years of age;

                                        (B) Six (6) to twelve (12) years of age; and

                                        (C) Thirteen (13) to seventeen (1.7) years of age;

                              (2) The number of distinct psychotropic medications prescribed per child as
                    described in subdivision (d)(1) over the course of one (1) year when the child receives
                    the psychotropic medication for a period of ninety (90) days or longer:

                                        (A) One (1) to three (3);

                                        (8) Four (4) to six (6);

                                     (C) Seven (7) to ten (1 0);

                                        (D) Eleven (11) to fourteen (14); and

                                        (E) Fifteen (15) or more;

                              (3) The person's county of residence, unless de-identification measures are
                    needed as outlined in subsection (g); and

                              (4) The total cost of psychotropic medications paid by the TennCare program,
                    as described in this chapter, with separate subtotals for state funds and federal funds,
                    categorized by the same· age, medication count,: and county criteria as described in
                    this subsection (d), unless de-identification measures are needed as outlined in
                    subsection (g).

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SB 2255

                   (e) Each report shall include comparative data for the immediately preceding two (2)
         calendar years presented in tabular format.

                   (f) The initial report required by this section must be published as outlined in
         subsection (b). Beginning July 1, 2027, biannual reports are due within ninety (90) days of
         the end of each calendar year and the beginning of each state fiscal year. Within such
         timelines, the bureau shall:

                             (1) Post both reports in a conspicuous, publicly accessible location on the
                   TennCare website; and

                             (2) Transmit official copies of both reports, including any executive summary
                   or recommendations, to the senate health and welfare committee and the committee
                   in the house of representatives with subject matter jurisdiction over health-related
                   matters.
                   (g) The reports must be prepared in aggregate and de-identified form to ensure
          compliance with all applicable state and federal privacy laws, including the Health Insurance
          Portability and Accountability Act (HIPAA) (42 U.S.C. § 1320d et seq.) and its implementing
          regulations. Data included in the reports must be de-identified in accordance with 45 CFR
          164.514 and must not include protected health information (PHI), personally identifiable
          information, or any other confidential or federally protected data. The bureau shall ensure
         that any TennCare member data, and any data relating to children in state custody receiving
          foster care services described in § 37-2-604, is de-identified prior to publication and is
          presented using statistical disclosure limitation techniques, including suppression of small
          cell sizes, as necessary to prevent re-identification.
                    (h) The bureau, in consultation with the department of health and the department of
          children's services, is authorized to promulgate rules to effectuate this section. The rules
          must be promulgated in accordance with •the Uniform Administrative Procedures Act,
          compiled in title 4, chapter 5.
          SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 2255

PASSED:  March 16, 2026

                                                          LLY
                         SPEAKER OF THE siNATE

                         CAMER\!WSEXTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

         ~ day of
I Apr; APPROVED this     j     2026

         ~  -w, --
         BILL LEE, GOVERNOR
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