12-4-330 - Reimbursement of licensed residential homes for mentally ill. - Tennessee Statutes

12-4-330. Reimbursement of licensed residential homes for mentally ill.

(a)  (1)  The department of mental health and developmental disabilities shall, by rule, establish a pilot program to reimburse licensed supportive living facilities for the mentally ill, as defined by departmental rules, in those counties having a population according to the 1980 federal census or any subsequent such census of:

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     (2)  The rules may, in the discretion of the department, distinguish between the types of facilities and between beds within a facility to implement the pilot program, the cost of which shall not exceed the amount provided for such purpose in the general appropriations act.

(b)  (1)  The department shall reimburse licensed supportive living facilities for the mentally ill in a daily or monthly amount to be established by the department for each resident whose income is limited to payments under the Social Security Act and does not exceed the monthly SSI federal benefit rate (“FBR”). No supportive living facility participating in the pilot program shall receive reimbursement under the pilot program for more than thirty percent (30%) of its licensed residential capacity. If necessary to implement this program within the limits of its annual appropriation, the department may promulgate rules to further limit the number of residents for whom reimbursement may be claimed.

     (2)  For the period beginning January 1, 2006, and until May 4, 2006, only, any payments withheld due to a resident's income exceeding the six hundred dollars ($600) per month limit shall be paid in accordance with subdivision (b)(1).

(c)  (1)  The provisions of this section shall have no application unless funding is specifically provided for and included in the general appropriations bill. During any fiscal year, departmental reimbursement paid to licensed supportive living facilities under the authority of subsection (b) shall not exceed the level of funding specifically provided for such purpose within the general appropriations bill.

     (2)  The implementation of the provisions of this section and the expenditure of any funds to implement such provisions shall be subject to the approval of the commissioner of finance and administration.

(d)  The department is authorized to promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as may be necessary to effectively and efficiently implement the provisions of this section.

(e)  [Obsolete. See the Code Commission Notes.]

[Acts 1988, ch. 937, § 1; 1989, ch. 12, §§ 1, 2; 1990, ch. 870, §§ 1, 2; 1996, ch. 869, § 1; 1996, ch. 875, § 1; 2000, ch. 947, § 6; 2006, ch. 619, § 1.]