Tennessee Code Title 52. Department of Disability and Aging § 52-2-1004

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) The commissioner shall develop guidelines for service providers for hiring a qualified family member as a family caregiver. The guidelines must be:

(1) Disseminated to medicaid-participating service provider agencies annually; and

(2) Published on the department's website.

(b) The department shall not:

(1) Prohibit otherwise qualified individuals from employment as a family caregiver at a service provider agency based on:

(A) A family relation between a family caregiver and individual with a disability receiving services;

(B) Place of residence of the family caregiver or individual with a disability receiving services;

(D) The parental or spousal relationship between the family caregiver and the individual with a disability receiving services;

(E) The guardianship or conservatorship status of the family caregiver unless explicitly permitted in guardianship or conservatorship documents;

(F) The waiver program in which the individual with a disability receiving services is enrolled or participating which includes all waiver programs operating under the division of TennCare and waiver authorities granted by the federal centers for medicare and medicaid services including:

(i) Employment and community first choices;

(ii) Choices;

(iii) The Katie Beckett program;

(iv) The self-determination waiver;

(v) The comprehensive aggregate cap waiver; and

(vi) The statewide waiver; and

(G) The separate and additional employment of an unrelated caregiver also providing services to an individual with a disability through employment with a medicaid-participating service provider agency;

(2) Prevent or dissuade medicaid-participating service provider agencies from hiring family caregivers to provide long-term services and support or home and community based services to an individual with a disability receiving services; or

(3) Reduce or otherwise alter the type or extent of benefits granted to an individual with a disability based on the familial status of the individual providing the services without engaging in the person-centered planning process.

(c) A family caregiver shall not be compensated for care provided in excess of the amount of long-term supports and services or home and community based services or benefits designated to an individual with a disability within the person receiving support's person-centered practice.

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Cite this article: FindLaw.com - Tennessee Code Title 52. Department of Disability and Aging § 52-2-1004 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-52-department-of-disability-and-aging/tn-code-sect-52-2-1004/

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