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2023 Tennessee Code
Title 71 - WELFARE (§§ 71-1-101 — 71-7-103)
Chapter 5 - PROGRAMS AND SERVICES FOR POOR PERSONS (§§ 71-5-NEW — 71-5-2604)
Part 10 - NURSING HOME ASSESSMENT TRUST FUND (§§ 71-5-1001 — 71-5-1011)
Section 71-5-1001 - Part definitions
Universal Citation:
TN Code § 71-5-1001 (2023)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
As used in this part, unless the context otherwise requires:
- (1) "Account" means the nursing home assessment trust fund created under this part;
- (2) "Bureau" means the bureau of TennCare;
- (3) "Commencement date" means the later of July 1, 2014, or the date when the bureau has received the necessary federal approval to implement the assessment described in this part and implements the provisions of the nursing home assessment trust fund;
- (4) "Continuing care retirement community" means an entity or organization that offers on a single campus setting a continuum of services and facilities for each resident including single and congregate dwellings, assisted living units, and nursing facility services, pursuant to a contract between a resident and a provider by which the resident pays a fee for the right to occupy a space in a designated facility and to receive continuing care for life. Entities or organizations defined in this part shall have a minimum ratio of independent/assisted living beds to nursing facility beds of one-to-one;
- (5) "Fiscal year" (FY) means the twelve-month period beginning July 1st and ending June 30th of each calendar year;
- (6) "Fund" as used in this part shall mean the nursing home assessment trust fund created under this part;
- (7) "Medicaid" has the same meaning as "medical assistance" as defined in § 71-5-103;
- (8) "Medicare resident day" means a resident day funded under 42 U.S.C. Chapter 7 (Title XVIII of the Social Security Act) commonly referred to as the Medicare program Parts A-D;
- (9) "Net patient service revenue" means gross inpatient revenues from services provided to nursing home patients less reductions from gross inpatient revenue resulting from an inability to collect payment of charges. Inpatient care revenue excludes non-patient care revenue such as beauty and barber, vending income, interest and contributions, revenues from the sale of meals and all outpatient revenues. Reductions from gross revenue include bad debts, contractual adjustments, uncompensated care, discounts and adjustments and other revenue deductions;
- (10) "Nursing facility" means any entity defined as a nursing home under § 68-11-201 and licensed under title 68 by the department of health;
- (11) "Resident day" means a calendar day of care provided to a nursing home resident, including the day of admission and excluding the day of discharge; provided, that one (1) resident day shall be deemed to exist when admission and discharge occur on the same day; and
- (12) "Upper payment limit" means the limitation established pursuant to 42 C.F.R. 447.272 that disallows federal matching funds when state medicaid agencies pay certain classes of nursing care facilities an aggregate amount for services furnished by that class of nursing care facilities that would exceed the amount that would be paid under medicare payment principles.
Amended by 2015 Tenn. Acts, ch. 360,s 1, eff. 7/1/2015.
Acts 2014, ch. 859, § 1.
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