§ 71-5-1508 — Ambulance service assessment revenue fund

(a) There is created a special agency account in the state general fund to be known as the "ambulance service assessment revenue fund," referred to in this part as the "fund." The fund must continue without interruptions and must be operated in accordance with this section. (b) Unless otherwise specified in this part, revenue generated from the following sources must be deposited in the fund: (1) Assessments collected by the bureau under this part; (2) Penalties collected by the bureau under this part; (3) Donations to the fund from private sources; and (4) Investment earnings credited to the fund. (c) Any fund balance remaining unexpended at the end of a fiscal year carries forward into the subsequent fiscal year and must not be diverted to the general fund or any other public fund. (d) Interest accruing on investments and deposits of the fund carries forward into the subsequent fiscal year and must not be diverted to the general fund or any other public fund. (e) The state treasurer shall invest the moneys in the fund in accordance with § 9-4-603 . The bureau shall administer the funds. (f) Moneys in the fund must not be diverted to the general fund or any other public fund or any other third party, and moneys in the fund may only be used to: (1) Create directed payments for qualified ground ambulance services as determined by the bureau and as authorized by the centers for medicare and medicaid services; and (2) Reimburse the amounts designated in § 71-5-1505 for the purpose of administrative expenses. (g) In the event that this part is rendered invalid and void: (1) To the extent federal matching is not reduced due to the impermissibility of the assessments, the bureau shall disburse pursuant to subsection (f) the moneys remaining in the fund that were derived from assessments imposed by this part and deposited before the occurrence of the invalidating event; (2) Following disbursement of moneys in the fund pursuant to subdivision (g)(1), the bureau shall refund any remaining moneys to each ambulance provider in proportion to the amount paid by the respective provider during the most recently completed quarterly payment period; and (3) The invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are severable. It is the legislative intent that the directed payments referenced in this part must not be made if the state cannot generate the non-federal share of the payments through the ground ambulance provider assessment.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1052, s 5, eff. 5/25/2022. Amended by 2018 Tenn. Acts, ch. 874, s 1, eff. 7/1/2018. Added by 2017 Tenn. Acts, ch. 258, s 1, eff. 7/1/2017.