71-2-501 - Legislative intent Enrollment in prescription drug discount card program and transitional assistance program benefits Automatic enrollment. - Tennessee Statutes

71-2-501. Legislative intent Enrollment in prescription drug discount card program and transitional assistance program benefits Automatic enrollment.

(a)  It is the intent of the legislature that the state of Tennessee, through the bureau of TennCare, be designated as the authorized representative for elderly and disabled enrollees, who are eligible medicare beneficiaries, but have lost or may lose eligibility for TennCare benefits due to changes in the TennCare program, for the purpose of facilitating and effectuating enrollment in a medicare-approved prescription drug discount card program or programs, and for applying for transitional assistance program medicare drug benefits, pursuant to 42 U.S.C. § 1395, et seq. As the eligible enrollee's legally authorized representative for this purpose, TennCare may designate or select one (1) or more programs as preferred plans, for purposes of automatically enrolling such medicare beneficiaries, to expedite access to prescription drug discounts and secure related transitional assistance payments for those medicare enrollees eligible for such assistance.

(b)  To expedite and assure enrollment of individuals into a program, TennCare may enroll a medicare-eligible beneficiary in a program or programs, and apply for available transitional assistance on the enrollees' behalf, in the absence of any action or application of the individual beneficiary seeking such enrollment or assistance; provided, that each individual so enrolled shall be informed of the following:

     (1)  In advance of enrollment in a program, the state's intent to enroll the individual in a program, unless the individual informs TennCare, within ten (10) days of receipt of such notice, that the individual does not want to be so enrolled;

     (2)  The procedures by which the individual may disenroll from the preferred sponsor's program;

     (3)  The existence of alternative medicare-approved prescription drug discount card sponsors in the region in which the individual resides; and

     (4)  The means through which the individual may change the individual's enrollment to an alternative sponsor or may obtain assistance in doing so.

(c)  TennCare shall determine the procedures for automatic enrollment in a preferred sponsor's program and application for transitional assistance, where applicable.

[Acts 2005, ch. 474, § 4.]