SB0503112th GA (Historical)Introduced

Amends TCA Title 49 and Title 63.

Under this bill, an LEA will be entitled to payment of, or reimbursement for, the costs incurred by the LEA for the provision of health-related or medical assistance services to an eligible student if those services are provided: (1) By the LEA pursuant to the eligible student's individualized education program (IEP); (2) On the campus of an elementary, middle, or high school owned, managed, operated, contracted with, or otherwise affiliated with the LEA or at a Head Start Center or pre-K program affiliated with the LEA; and (3) By an LEA employee or contractor. An "eligible student” means a resident of this state who: (1) Is a child with any of the following disabilities: autism; deaf-blindness; hearing impairments; intellectual disability; orthopedic impairments; traumatic brain injury; visual impairments; developmental delay; or multiple disabilities; (2) Has an active IEP with one of the disabilities pursuant to item (1) as the primary or secondary disability; and (3) Meets at least one of the following requirements: was previously enrolled in and attended a Tennessee public school for the one full school year immediately preceding the current year or is enrolling in a Tennessee school for the first time. Under this bill, the department of finance and administration will approve and pay, or cause to be paid, an LEA's claim for reimbursements for health-related services or medical assistance services that comply with the requirements of this bill, as described above. This bill sets out in detail the process and other requirements for reimbursement. The department will pay, or cause to be paid, claims for services pursuant to a uniform schedule of charges for each service, regardless of the geographic location of service. The schedule of charges must be equal to the highest amount paid by the state to licensed providers for the same services pursuant to a health insurance plan maintained for state employees. A claim by an LEA may not be denied because the provider is not a participating provider or does not have a contract with a managed care organization administering any claims under this bill. This bill requires the department of finance and administration to publish an annual report of payments made pursuant to this bill. The report will detail by each LEA: the total amount of claims paid; the total amount of claims denied; and the reason for denial, including but not limited to, timeliness; service not provided by a licensed or certified person; or service not provided pursuant to an IEP. This bill authorizes healthcare professionals to provide treatment within the healthcare professional's scope of practice without a referral of a physician or other referring practitioner if all treatment is provided in a school or other facility operated by a local education agency, the person receiving the treatment is a student enrolled in the local education agency, and the treatment is pursuant to the student's individual education plan (IEP). This bill specifies that the healthcare professional rendering services under this provision possesses the authority to issue the order or referral. Such order may be evidenced by the signature of the professional upon the student's IEP or any other document evidencing the treatment received. ON FEBRUARY 17, 2022, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 503, AS AMENDED. AMENDMENT #1 rewrites this bill and authorizes, for the purposes of providing services in a school setting pursuant to a child's individualized education program (IEP), the following licensed healthcare providers licensed to refer or order services within their scope of practice as part of a child's IEP: (1) A physical therapist may order or make a referral for physical therapy services for a child; (2) An occupational therapist may order or make a referral for occupational therapy services for a child; (3) A speech-language pathologist may order or make a referral for speech-language pathology services for a child; and (4) An audiologist may order or make a referral for audiology services for a child. This amendment specifies that the above-referenced providers will qualify as licensed practitioners for purposes of the federal regulations governing medical assistance programs. An order or referral made in accordance with this amendment may be evidenced by the signature of the healthcare provider in the student's IEP provided that the child has been appropriately evaluated and assessed by the provider making the referral or order. AMENDMENT #2 changes this bill's effective date to July 1, 2022, and adds punctuation.

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Overview

Under this bill, an LEA will be entitled to payment of, or reimbursement for, the costs incurred by the LEA for the provision of health-related or medical assistance services to an eligible student if those services are provided: (1) By the LEA pursuant to the eligible student's individualized education program (IEP); (2) On the campus of an elementary, middle, or high school owned, managed, operated, contracted with, or otherwise affiliated with the LEA or at a Head Start Center or pre-K program affiliated with the LEA; and (3) By an LEA employee or contractor. An "eligible student” means a resident of this state who: (1) Is a child with any of the following disabilities: autism; deaf-blindness; hearing impairments; intellectual disability; orthopedic impairments; traumatic brain injury; visual impairments; developmental delay; or multiple disabilities; (2) Has an active IEP with one of the disabilities pursuant to item (1) as the primary or secondary disability; and (3) Meets at least one of the following requirements: was previously enrolled in and attended a Tennessee public school for the one full school year immediately preceding the current year or is enrolling in a Tennessee school for the first time. Under this bill, the department of finance and administration will approve and pay, or cause to be paid, an LEA's claim for reimbursements for health-related services or medical assistance services that comply with the requirements of this bill, as described above. This bill sets out in detail the process and other requirements for reimbursement. The department will pay, or cause to be paid, claims for services pursuant to a uniform schedule of charges for each service, regardless of the geographic location of service. The schedule of charges must be equal to the highest amount paid by the state to licensed providers for the same services pursuant to a health insurance plan maintained for state employees. A claim by an LEA may not be denied because the provider is not a participating provider or does not have a contract with a managed care organization administering any claims under this bill. This bill requires the department of finance and administration to publish an annual report of payments made pursuant to this bill. The report will detail by each LEA: the total amount of claims paid; the total amount of claims denied; and the reason for denial, including but not limited to, timeliness; service not provided by a licensed or certified person; or service not provided pursuant to an IEP. This bill authorizes healthcare professionals to provide treatment within the healthcare professional's scope of practice without a referral of a physician or other referring practitioner if all treatment is provided in a school or other facility operated by a local education agency, the person receiving the treatment is a student enrolled in the local education agency, and the treatment is pursuant to the student's individual education plan (IEP). This bill specifies that the healthcare professional rendering services under this provision possesses the authority to issue the order or referral. Such order may be evidenced by the signature of the professional upon the student's IEP or any other document evidencing the treatment received. ON FEBRUARY 17, 2022, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 503, AS AMENDED. AMENDMENT #1 rewrites this bill and authorizes, for the purposes of providing services in a school setting pursuant to a child's individualized education program (IEP), the following licensed healthcare providers licensed to refer or order services within their scope of practice as part of a child's IEP: (1) A physical therapist may order or make a referral for physical therapy services for a child; (2) An occupational therapist may order or make a referral for occupational therapy services for a child; (3) A speech-language pathologist may order or make a referral for speech-language pathology services for a child; and (4) An audiologist may order or make a referral for audiology services for a child. This amendment specifies that the above-referenced providers will qualify as licensed practitioners for purposes of the federal regulations governing medical assistance programs. An order or referral made in accordance with this amendment may be evidenced by the signature of the healthcare provider in the student's IEP provided that the child has been appropriately evaluated and assessed by the provider making the referral or order. AMENDMENT #2 changes this bill's effective date to July 1, 2022, and adds punctuation.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 8, 2021

Subjects
3040175515251520476128832170

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