§ 71-5-1424 — Hearing on appeal of TennCare's initial determination of ineligibility for nursing facility services - Motion to intervene by facility

If an individual appeals TennCare's initial determination that they are not eligible for TennCare nursing facility services: (1) The hearing on any appeal of an initial determination that the individual is not financially eligible shall be conducted and a final order rendered within ninety (90) days from the date of the individual's appeal; provided, however, that if the individual files a petition for reconsideration of an initial order or appeals an order, other than a final order, pertaining to an initial determination made by TennCare under this section prior to the expiration of the ninety-day period, the running of the ninety-day period shall be tolled pending the outcome of such petition for reconsideration or appeal; and (2) The facility may be entitled to participate in any proceeding and hearing that appeals an initial determination that the individual is not financially or medically eligible through the filing of a motion to intervene in that proceeding under § 4-5-310 . The administrative judge or hearing officer shall grant a facility's motion to intervene in the appeal of a resident or former resident's eligibility, absent a showing by one (1) or more parties to the appeal that the facility's participation would cause that party to incur an undue burden or unnecessary expense.

Legislative History

Amended by 2020 Tenn. Acts, ch. 750, s 1, eff. 6/22/2020. Added by 2014 Tenn. Acts, ch. 911, s 1, eff. 5/13/2014.