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Health Care - As enacted, creates the advisory task force on state reimbursement rates to make recommendations on annual adjustments to the reimbursement rates paid to agencies that perform healthcare functions and servi, the official text

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                        ~tate of ~ennessee

                          PUBLIC CHAPTER NO. 144

                                                   HOUSE BILL NO. 498

               By Representatives Hale, Miller, Behn, Clemmons, Lamberth, Powell

                                        Substituted for: Senate Bill No. 321

                             By Senators Massey, Southerland, Oliver, Reeves

         AN ACT to amend Tennessee Code Annotated, Title 4; Title 62 and Title 63, relative to
state agencies.

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

          SECTION 1. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
adding the following as a new section:

          63-1-177.

                    (a) There is created an advisory task force on state reimbursement rates to make
          recommendations on annual adjustments to the reimbursement rates paid to agencies
          that perform healthcare functions and services in this state, the purpose of which is to
          ensure such reimbursement rates are adequate.

                    (b)

                              (1) The advisory task force consists of:

                                         (A) Three (3) members appointed by the speaker of the house of
                              representatives;

                                         (8) Three (3) members appointed by the speaker of the senate;

                                         (C) The commissioner of labor and workforce development or the
                              commissioner's designee;

                                         (D) The commissioner of children's services or the commissioner's
                               designee;

                                         (E) The commissioner of health or the commissioner's designee;

                                         (F) The commissioner of mental health and substance abuse
                               services or the commissioner's designee;

                                         (G) The director of TennCare or the director's designee; and

                                         (H) The commissioner of disability and aging or the
                               commissioner's designee.

                               (2) The members appointed under subdivisions (b)(1 )(A) and (8) shall
                     each represent a different health-related profession.

                               (3) The members listed in subdivisions (b)(1 )(C)-(H) serve as ex officio
                     non-voting members.

                               (4)

                                         (A) In order to stagger the terms of the members appointed under
                               subdivisions (b)(1 )(A) and (8):
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                                                  (i) The members appointed by the speaker of the house of
                                        representatives shall serve initial terms of three (3) years; and

                                                  (ii) The members appointed by the speaker of the senate
                                        shall serve initial terms of four (4) years.

                                        (B) All subsequent appointments are for six-year terms that begin
                              on July 1 and end on June 30 of each applicable year.

                    (c) The task force is attached to the department of labor and workforce
          development for administrative purposes.

                    (d) The commissioner of labor and workforce development shall call the first
          meeting.

                    (e)

                              (1) The task force shall elect a chair and vice chair from among the
                    appointed members for a two-year term at the first meeting.

                              (2) The chair shall:

                                         (A) Plan the agenda for all meetings;

                                         (B) Appoint subcommittees, as deemed necessary;

                                         (C) Coordinate with the department of labor and workforce
                               development for logistics of the meetings and posting of the required
                               public notice;

                                         (D) Chair each meeting of the task force; and

                                         (E) Be responsible for the development, production, and
                               submission of the yearly recommendations in the annual report, as
                               prescribed in subsection U).

                               (3) The vice chair shall fulfill the requirements and responsibilities of the
                     chair in the chair's absence.

                     (f) The members of the task force receive no compensation for their service on
           the task force, nor are the members entitled to per diem or travel expenses for the
           purposes of carrying out their duties under this section.

                     (g) The advisory task force may conduct meetings by electronic or other means
           of communication pursuant to § 8-44-108, provided that the task force conducts at least
           one (1) in person meeting per calendar year.

                     (h) The task force is authorized to:

                               (1) Make recommendations to agencies with provider contracts to ensure
                     the:

                                         (A) Salaries and benefits of essential agency staff persons are
                               sufficient to fund the appropriate level of care vital to this state's most
                               vulnerable citizens; and

                                          (8) Administrative costs to such agencies who employ direct
                                support professionals are reasonable based on the services provided;

                                (2) Determine the likely reason for and solutions to the healthcare
                      frontline workforce shortage; and

                                (3) Request relevant qualitative and quantitative data from impacted
                      industries, associations representing such industries, and state agencies.

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                    (i) The advisory task force shall consider:
                              (1) The provider agency's cost of doing business with the state and the

                    inherent burdens associated with state contracts;
                              (2) The salaries and benefits of similar professionals employed by the

                    state and other similar agencies;
                              (3) The impact of the direct support professional's employment on their

                    ability to receive other state and federal benefits;
                              (4) The cost-of-living adjustments experienced by direct support

                    professionals in this state;
                              (5) The provider agency's cost of providing benefits and administrative

                    support to direct support professionals; and
                              (6) Any barriers to licensure or employment for direct support

                    professionals created by statute, administrative rules, or employment
                    arrangements.
                    U) The task force shall make recommendations as part of an annual report to the
          relevant state officials and agencies holding provider contracts by August 1 of each year,
          beginning in 2026. The annual report must also be submitted to the chair of the senate
          finance, ways and means committee, the chair of the committee of the hou$e of
          representatives with jurisdiction over subject matters pertaining to finance, the chair of
          the senate health and welfare committee, the chair of the committee of the house of
          representatives having jurisdiction over subject matters pertaining to health, the
          governor, and the commissioner of finance and administration.
           SECTION 2. Tennessee Code Annotated, Section 4-29-248(a), is amended by inserting
the following as a new subdivision:
                     () Advisory task force on state reimbursement rates, created by§ 63-1-177;
           SECTION 3. For the purpose of appointing members to the advisory task force, this act
 takes effect upon becoming a law, the public welfare requiring it. For all other purposes, this act
 takes effect July 1, 2025, the public welfare requiring it

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                    HOUSE BILL NO. 498

PASSED:  March 24, 2025

                              CAMERON SEXTON, SPEAKER
                              HOUSE OF REPRESENTATIVES

                         R..  ~ ~ ~ · ~ ' # - ' - " - ·

                                   ' - - - 'RANDYM~
                                       SPEAKER OF THE SENATE

~ l\fti" APPROVED this        I
                    day of              2025

BILL LEE, GOVERNOR
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