HB 2389

This bill requires the bureau of TennCare, in consultation with the department of health and the department of children's services, to publish no later than January 1, 2027, and biannually thereafter, two comprehensive statewide data reports on the use o f psychotropic medication and the psychotropic medication's associated costs. As used in this bill, a "psychotropic medication"" includes antipsychotics, antidepressants, agents for control of mania and depression, antianxiety agents, psychomotor stimulan ts, and hypnotics. The data must be primarily derived from medical and pharmacy claims from the TennCare program and, to the extent authorized by the federal centers for medicare and medicaid services, from federal data sources. FIRST REPORT This bill requires the first report to contain (i) the number of persons prescribed at least one psychotropic medication, (ii) the number of distinct covered outpatient psychotropic medications paid through the TennCare pharmacy benefit prescribed per pe rson over the course of one year, (iii) the person's county of residence, unless de-identification measures are needed, (iv) the percentages of the total TennCare population in each category, and (v) the total cost of psychotropic medications paid by the Te nnCare program with separate subtotals for state funds and federal funds, categorized by the same age, medication count, and county criteria as described above, unless de-identification measures are needed as outlined below. SECOND REPORT This bill requires the second report to contain the number of children in state custody and the number of young adults who are receiving foster care services who are prescribed psychotropic medication when the covered outpatient medication is paid throug h the TennCare pharmacy benefit, categorized by (i) age groups, (ii) the number of distinct psychotropic medications prescribed per child or young adult over the course of one year when the child or young adult receives the psychotropic medication for a p er iod of 90 days or longer, (iii) the person's county of residence, unless de-identification measures are needed, and (iv) the total cost of psychotropic medications paid by the TennCare program, as described in this chapter, with separate subtotals for sta te funds and federal funds, categorized by the same age, medication count, and county criteria as described above, unless de-identification measures are needed as outlined below. TIMELINES This bill requires each report to include comparative data for the immediately preceding two calendar years presented in tabular format. The initial report required must be published as outlined above. Beginning July 1, 2027, biannual reports are due w ithin 90 days of the end of each calendar year and the beginning of each state fiscal year. Within such timelines, the bureau must (i) post both reports in a conspicuous, publicly accessible location on the TennCare website and (ii) transmit official cop ie s of both reports, including any executive summary or recommendations, to the senate health and welfare committee and the committee in the house of representatives with subject matter jurisdiction over health-related matters. CONFIDENTIALITY This bill requires the reports to be prepared in aggregate and de-identified form to ensure compliance with all applicable state and federal privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regu lations. Data included in the reports must be de-identified in accordance with federal law and must not include protected health information, personally identifiable information, or any other confidential or federally protected data. The bureau must ens ur e that any TennCare member data, and any data relating to children in state custody or young adults receiving foster care services, is de-identified prior to publication and is presented using statistical disclosure limitation techniques, including suppre ssion of small cell sizes, as necessary to prevent re-identification. RULEMAKING This bill authorizes the bureau, in consultation with the department of health and the department of children's services, to promulgate rules to effectuate this bill. ON MARCH 5, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2255, AS AMENDED. AMENDMENT #1 eliminates the requirement that the second report, as described above, contain data about psychotropic medications prescribed to young adults, aged 18 to 23, receiving foster care services."