HB 1280

TENNCARE CLAIMS AGAINST ESTATES OF DECEDENTS Before any probate estate may be closed, with respect to a decedent who, at the time of death, was enrol led in the TennCare program, present law requires the personal representative of the estate to file with the clerk of the court exercising probate jurisdiction a release from the bureau of TennCare evidencing either (i) p ayment of all medical assistance be nefits, premiums, or other costs due from the estate under law; ( ii ) w aiver of the bureau's claims; or (iii ) a statement from the bureau that no amount is due. MEDICAL EXPENSE RELIEF FUND This bill creates within the state general fund a special account to be known as the medical expense relief fund , the purpose of which is to assist the next of kin and the estate of a decedent who was enrolled in TennCare at the time of death with paying the decedent's medical debt and expenses, including the payment of medical assistance benefits, premiums, or other costs due from an estate described above and federal law. PROCEDURES This bill requires t he department of human services to administer the fund and establish procedures for the next of kin or the estate o f a decedent who was enrolled in TennCare at the time of death to apply for grants awarded pursuant to this bill . The procedures must include, at a minimum, all of the following:  A pplication requirements and deadlines to apply for grants .  Criteria for awarding grants, which allow the department to consider factors such as the amount of the decedent's medical debt and expenses and demonstrated need of the decedent's next of kin and estate .  Criteria for determining whether to award a grant to the next of kin, the legal representative of the decedent's estate, or directly to the creditor or creditors to whom the obligation is owed .  Reporting requirements for recipients who receive grants to ensure accountability and measure program effectiveness. NEXT OF KIN OR LEGAL REPRESENTATIVE OF DECEDENT This bill authorizes t he next of kin or the legal representative of the estate of a decedent who was enrolled in TennCare at the time of death to apply for grant funds under this bill . The department must make ava ilable to such persons a method of submitting an application for a grant and provide assistance, if requested, to the eligible recipient in completing the application and submitting supporting documentation. The department must require an applicant to pro vide documentation of the decedent's unpaid medical debt and expenses, including the payment of medical assistance benefits, premiums, or other costs due from an estate described above and federal law. Subject to available funds, this bill requires the d epartment to allocate and disperse grants from the fund to eligible recipients identified by the department. Grant funds must be expended only for the decedent's medical debt and expenses, including the payment of medical assistance benefits, premiums, or other costs due from an estate described above and federal law. It is the general assembly's intent that the fund consists of an initial appropriation of $250 million from the general fund. ANNUAL REPORT This bill provides that a ll expenditures from t he fund are subject to review in the form of an annual report submitted by the commissioner of human services to the chair of the finance, ways and means committee of the senate and the chair of the committee of the house of representatives having jurisdi c tion over budget-related matters. RULEMAKING This bill requires the department to promulgate rules necessary to effectuate this bill .