(a) The department may adopt additional rules and regulations governing the program, including, but not limited to, any rules or regulations necessary to comply with or to implement any federal requirement, federal waiver or state plan governing the program. The department is authorized to promulgate emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. All rules and regulations governing the program shall be promulgated in accordance with the Uniform Administrative Procedures Act.(b) The rules may include, as necessary, but need not be limited to:(1) The application, enrollment and disenrollment processes for the program;(2) The benefit package to be provided through the program;(3) Provisions for participant cost sharing, if any, including, at the department's discretion:(A) The establishment of enrollment fees, premiums, deductibles and copayments; and(B) The process for setting the amounts of enrollment fees, premiums, deductibles, and copayments, taking into account a participant's family income;(4) The type of professionals or other provider entities who may deliver services or direct the delivery of services and the ctibles, and copayments, taking into account a participant's family income;(4) The type of professionals or other provider entities who may deliver services or direct the delivery of services and the qualifications required of those professionals or entities; and(5) Provisions regarding the sharing of health information under this part.(c) In adopting rules, the department shall consider the federal requirements on which the receipt of Title XXI (42 U.S.C. § 1397aa et seq.), funding is contingent and shall not establish any program criteria or requirements that will disqualify the program from that funding. Rules adopted by the department must, when appropriate, take into account the availability of appropriated funds.Acts 2006, ch. 867, § 7; 2009 , ch. 566, § 12.
Tennessee Legal Code