AN ACT to amend Tennessee Code Annotated, Title 33; Title 56; Title 63; Title 68 and Title 71, relative to healthcare providers.
Summary
SB1389 would prohibit healthcare providers who participate in TennCare or CoverKids, including providers in managed care networks, from refusing to treat an enrollee solely because the enrollee declined or failed to obtain a vaccine or immunization for a particular infectious or communicable disease. The bill defines key terms such as “enrollee,” “provider,” and “medical assistance health benefit plan,” and it applies to providers serving patients under Tennessee’s Medicaid-related programs.
The bill also directs the TennCare bureau to withhold reimbursement from a provider who violates the new rule until the bureau determines the provider is back in compliance. That reimbursement penalty is limited to the individual provider who committed the violation and cannot be imposed on other members of the same group practice or medical organization who did not violate the section. The bill exempts oncology specialists and organ transplant providers, and it requires the TennCare director to adopt implementing rules and provide administrative and judicial review procedures. The act would take effect July 1, 2025, and the director may seek any needed federal waiver to carry it out.
Impact
SB1389 would add a new patient-access requirement to Tennessee law governing TennCare and CoverKids providers, limiting the ability of participating healthcare providers to deny services based solely on a patient’s vaccine status. It would also create an enforcement mechanism through TennCare reimbursement, potentially affecting provider participation, billing practices, and compliance procedures for individual clinicians and managed care networks serving Medicaid and related populations.
Sentiment
The available voting history suggests the bill had meaningful support but also notable opposition. It passed the Senate Commerce and Labor Committee 8-1 and later cleared floor votes by 26-7 and 66-23, indicating a generally favorable reception overall. The absence of committee transcripts limits insight into debate, but the vote margins show the measure was supported by a majority while still drawing a significant minority of dissent.
Contention
The main point of contention appears to be the bill’s restriction on providers’ discretion to refuse treatment based on vaccine refusal or noncompliance, which may raise concerns about provider autonomy, patient safety, and medical judgment. Opponents may also object to the reimbursement penalty as a regulatory enforcement tool, while supporters likely view the measure as protecting access to care for TennCare and CoverKids enrollees. The exemptions for oncology and organ transplant specialists suggest lawmakers recognized that some clinical settings may require different treatment standards.
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 33; Title 39; Title 49; Title 53; Title 56; Title 63; Title 68 and Title 71, relative to mental health.
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 33; Title 39; Title 49; Title 53; Title 56; Title 63; Title 68 and Title 71, relative to mental health.