(a) As used in §§ 4-3-1205 – 4-3-1208, unless the context otherwise requires:

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Terms Used In Tennessee Code 4-3-1205

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) “Analytical procedure” means a process consisting of evaluations of financial information made by a study of plausible relationships among both financial and nonfinancial data, and involving a comparison of recorded values with expectations developed by an auditor. “Analytical procedure” includes, but is not limited to, data analysis to identify subrecipients who claim maximum reimbursement when fluctuations are expected, and the unreasonable or inconsistent relationships between the subrecipients’ ability to provide the level of services that the subrecipients claim for reimbursement;
(2) “Chairs” mean:

(A) The chair of the government operations committee of the house of representatives and the chair of the government operations committee of the senate;
(B) The chair of the health committee of the house of representatives and the chair of the health and welfare committee of the senate; and
(C) The chair of the finance, ways and means committee of the house of representatives and the chair of the finance, ways and means committee of the senate;
(3) “Department” means the department of human services;
(4) “Speakers” mean the speaker of the house of representatives and the speaker of the senate;
(5) “Sponsoring organization”:

(A) Means a public or nonprofit private organization that is entirely responsible for the administration of a food program in:

(i) One (1) or more day care homes;
(ii) A child care center, emergency shelter, at-risk afterschool care center, outside-school-hours care center, or adult day care center which is a legally distinct entity from the sponsoring organization;
(iii) Two (2) or more child care centers, emergency shelters, at-risk afterschool care centers, outside-school-hours care center, or adult day care centers; or
(iv) Any combination of child care centers, emergency shelters, at-risk afterschool care centers, outside-school-hours care centers, adult day care centers, and day care homes; and
(B) Includes an organization that is entirely responsible for administration of a food program in any combination of two (2) or more child care centers, at-risk afterschool care centers, adult day care centers, or outside-school-hours care centers; and
(6) “Subrecipient” means a nonfederal legal entity that receives a sub award from the department acting as a pass-through agency to carry out a federal program or grant. “Subrecipient” includes a sponsoring organization. “Subrecipient” does not include an individual that is a beneficiary of the program.
(b) Every three (3) months, the department shall submit to the chairs, the speakers, and the comptroller of the treasury a report summarizing each announced and unannounced physical site visit conducted by the department during the subrecipient monitoring process. The report shall also contain advance notice of any announced and unannounced site visits planned for the following three-month period.
(c) Every three (3) months, the office of inspector general within the department of human services shall submit to the chairs, the speakers, and the comptroller of the treasury a report summarizing the results of any substantiated investigation concerning fraud, waste, and abuse regarding the child and adult care food program and summer food service program.
(d) The department’s written reports submitted pursuant to subsections (b) and (c) shall be treated as confidential and shall not be open for public inspection.
(e) The department shall develop subrecipient monitoring plans utilizing analytical procedures. The subrecipient monitoring plans shall be submitted to the chairs, speakers, and comptroller of the treasury prior to October 1 of each year, consistent with state central procurement office policy and the applicable federal plan development and submission cycle.
(f) To the extent authorized by federal law, the department shall perform both announced and unannounced physical site visits during the subrecipient monitoring process. The department shall not provide any subrecipients with a description of the information sought by the department in anticipation of physical site visits conducted by the department during the subrecipient monitoring process.
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