§ 71-5-1401 Short title
§ 71-5-1402 Objectives of long-term care system
§ 71-5-1403 Part definitions
§ 71-5-1404 Development and implementation of a statewide fully integrated risk-based long-term care system
§ 71-5-1405 Single entry point into the long-term care system
§ 71-5-1406 Implementation of policies and processes by commissioner
§ 71-5-1407 Level of care and continued stay criteria – Preadmission evaluation (PAE) assessment tool
§ 71-5-1408 Strategies to encourage utilization of cost – effective home and community-based services – Requirements related to nursing facility diversion
§ 71-5-1409 Nursing facility transition initiative
§ 71-5-1410 Strategies to assist nursing facilities in diversifying their lines of business
§ 71-5-1411 Plan to expand cost-effective community-based residential alternatives to institutional care
§ 71-5-1412 Transition period following implementation of managed long-term care service delivery system
§ 71-5-1413 Acuity-based reimbursement methodology for nursing facility services
§ 71-5-1414 Self-directed health care
§ 71-5-1415 Quality assurance and quality improvement strategies
§ 71-5-1416 Funding to increase access to home and community-based services in the state-funded options program
§ 71-5-1417 Funding for medicaid long-term care services
§ 71-5-1418 Long-term care client information, referral and assistance agency
§ 71-5-1419 Operational plan and budget for home-based and community-based services to elderly and disabled individuals
§ 71-5-1420 Veterans education benefits
§ 71-5-1421 Prompt payment of claims and liability for bad faith failure to pay claims promptly
§ 71-5-1422 Pilot project for disabled individuals and family members to self-direct supports and services
§ 71-5-1423 Hearing on resident’s appeal of involuntary discharge from facility – Timeframe for hearing and final order
§ 71-5-1424 Hearing on appeal of TennCare’s initial determination of ineligibility for nursing facility services – Motion to intervene by facility
§ 71-5-1425 Guidance regarding whether temporary family healthcare structures are covered – Federal approval of waiver amendment to offer benefit – Applicability of waiver
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Terms Used In Tennessee Code > Title 71 > Chapter 5 > Part 14 - Long-Term Care Community Choices Act of 2008

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Budget allowance: means the amount of money that can be directed, utilizing the services of a fiscal intermediary, by a medicaid-eligible long-term care member participating in this consumer-directed care option, to pay for home and community-based long-term care services defined under the medicaid state plan or any federal waivers or amendments thereto that are necessary to meet the member's long-term care needs and to delay or prevent institutionalization. See Tennessee Code 71-5-1403
  • Commissioner: means the commissioner of finance and administration or the commissioner's designee. See Tennessee Code 71-5-1403
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Cost-effective: means that the total cost of services provided to an eligible elderly or physically disabled adult in the home or other community-based setting does not exceed the cost of reimbursement for institutional care in a nursing facility. See Tennessee Code 71-5-1403
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fiscal intermediary: means an entity with whom the commissioner or a contractor responsible for the coordination of medicaid primary, acute and long-term care services has contracted to help a member participating in this consumer-directed care option manage the member's budget allowance. See Tennessee Code 71-5-1403
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Qualified entity: means an entity with which the commissioner has contracted to assess the needs of persons determined medically eligible for long-term care services and to develop care plans to address their identified needs. See Tennessee Code 71-5-1403
  • Rebalance: means reaching a more equitable balance between the proportion of medicaid long-term care expenditures used for institutional, i. See Tennessee Code 71-5-1403
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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