(1) All of the rate methodologies used to
determine payments to service providers set forth in these rules are subject to
the availability of appropriations established in the TennCare budget for home
and community based services provided under the State's approved HCBS waivers
for individuals with intellectual disabilities and may be adjusted by the
Department or by TennCare as necessary to assure that expenditures for these
services are within and do not exceed the budgeted amount for waiver services
that year; and also the provisions of Title 33 and 34 of the Tennessee Code
Annotated; and, Executive Order of the State of Tennessee No. 23, dated October
19, 1999, and Executive Order No. 28, dated June 19, 2013, which established
the Tennessee Employment First Initiative which directs state agencies to
"coordinate to increase opportunities for integrated and competitive employment
for individuals with intellectual and developmental disabilities."
Notes
Tenn. Comp. R. &
Regs. 0465-01-02-.02
Original rule
filed December 12, 2013; effective March 12, 2014. Amendments filed October 7,
2019; effective 1/5/2020.
Authority: T.C.A. ยงยง
4-3-2701,
4-3-2707,
4-4-103,
4-5-201, et seq., 4-5-208, et seq.
and its applicable regulations concerning emergency rules, 33-1-201, 33-1-202,
33-1-203(1) and (6), 33-1-204, 33-1-301, 33-1-302, 33-1-302(a)(3) and (a)(4),
33-1-303, 33-1-303(3) and (11), 33-1-304, 33-1-305(1), and 33-1-309(d);
Executive Order of the State of Tennessee No. 23, dated October 19, 1999; State
of Tennessee Delegated Purchase Authority DP 10-28649-00 Reg. 515; and the
"Reimbursement Rate" for Medical Services under DIDD federal waiver(s) for
provision of services as administered by TennCare.