Insurance, Health, Accident - As enacted, expands the definition of a health benefit plan; requires a health benefit plan that amends, renews, or delivers a policy of coverage on or after January 1, 2026, and that provid, the official text

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~tate of \!Cennessee

PUBLIC CHAPTER NO. 595

                                                 HOUSE BILL NO. 169

By Representatives Helton-Haynes, Freeman, Eldridge, Leatherwood, Davis, Rudder,
Vaughan, Cepicky, Kumar, Moon, Littleton, Alexander, Renea Jones, Camper, Salinas,
Wright, Clemmons, Love

                                       Substituted for: Senate Bill No. 589

                 By Senators Akbari, Yarbro, Reeves, Campbell, Gardenhire, Lamar

          AN ACT to amend Tennessee Code Annotated, Title 56 and Title 71, relative to
contraception.

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

          SECTION 1. Tennessee Code Annotated, Section 56-7-2328(a), is amended by deleting
the subsection and substituting:

                    (a) As used in this section:

                              (1) "Contraceptive" means any device, medication, biological product, or
                    procedure that is intended for use in the prevention of pregnancy, whether
                    specifically intended to prevent pregnancy or for other health needs, and that is
                    legally marketed under the federal Food, Drug, and Cosmetic Act (21 U.S.C. §
                    301 et seq.);

                              (2) "Health benefit plan":

                                        (A) Means a hospital, surgical, or medical expense policy; health,
                              hospital, or medical service corporation contract; a policy or agreement
                              entered into by a health insurer, or a health maintenance organization
                              contract offered by an employer; other plan administered by the state; or
                              a certificate issued under those policies, contracts, or plans; and

                                        (8) Includes a policy or contract for health insurance coverage
                              provided under:

                                                  (i) The TennCare program administered under the Medical
                                       Assistance Act of 1968, compiled in title 71, chapter 5, part 1, or a
                                        successor medicaid program; or

                                                  (ii) The CoverKids Act of 2006, compiled in title 71, chapter
                                        3, part 11, or a successor program; and

                                        (C) Does not include policies or certificates covering only accident,
                              credit, dental, disability income, long-term care, hospital indemnity,
                              medicare supplement as defined in § 1882(g)(1) of the Social Security Act
                              (42 U.S.C. § 1395ss(g)(1)), specified disease, vision care, other limited
                              benefit health insurance, coverage issued as a supplement to liability
                              insurance, workers' compensation insurance, automobile medical
                              payment insurance, or insurance under which benefits are payable with or
                              without regard to fault and that is statutorily required to be contained in a
                              liability insurance policy or equivalent self-insurance;

                              (3) "Health insurance entity" has the same meaning as defined in § 56-7-
                    109 and includes a managed care organization contracting with the state to
                    provide insurance through:
HB169
                                        (A) The TennCare program administered under the Medical

                             Assistance Act of 1968, compiled in title 71, chapter 5, part 1, or a
                              successor medicaid program; or

                                        (8) The CoverKids program administered under the CoverKids Act
                              of 2006, compiled in title 71, chapter 3, part 11, or a successor program;
                              and
                              (4) "Healthcare provider" and "provider" mean a person or entity that
                    provides healthcare services; is registered, certified, or licensed in accordance
                   with title 63; and is regulated under the department of health or the division of
                    health-related boards.
          SECTION 2. Tennessee Code Annotated, Section 56-7-2328(b), is amended by deleting
the subsection and substituting:
                    (b) A health benefit plan that amends, renews, or delivers a policy of coverage on
          or after July 1, 2027, and that provides coverage for prescription contraceptives, shall
          provide coverage that ensures an insured person is able to refill a twelve-month
          prescription of contraceptives obtained at one (1) time, upon the request of the insured
          and unless the prescribing healthcare provider instructs that the insured must receive a
          smaller supply.
          SECTION 3. This act takes effect on July 1, 2027, the public welfare requiring it.

                                                                2
                     HOUSE BILL NO. 169

PASSED:  February 26, 2026

                             CAM5EWWSEXTON,SPEAKER
                             HOUSE OF REPRESENTATIVES

                                                    RANDY MCNALLY
                                         PEAKER OF THE SENATE

l'?f: APPROVED this  day of  rv'lo.r<1c  2026

                f: ~

BILL LEE, GOVERNOR