May 15, 2003

Big MAC Attack: Mixing it Up with Bureau 

Norris Exposes TennCare Credibility Gap

NASHVILLE--Senator Mark Norris (R-Collierville) exposed a TennCare credibility gap this week in the Senate Education Committee by unveiling continued failings on the part of the TennCare Bureau to file the proper paperwork to collect federal funds local governments have already earned under the "MAC Program."

          "The failure to file forms on time means local governments will continue to lose more money for work that they have already performed," stated Senator Norris who questions TennCare's maddening methodology on money matters.

"Tennessee is losing millions of dollars because no one files the paperwork on time and children are losing necessary care.  If our schools are portrayed by some as failing, perhaps it's in part because the state has been failing our schools by administrative oversight.  The TennCare Bureau has not been aggressive enough in trying to obtain Medicaid Administrative Claim (MAC) funds as other states are doing.  The state Department of Education appears to have done its homework on this one.  TennCare has filed a plan with the Center for Medicare and Medicaid Services (CMS) for the MAC Program, but no one has followed through on making provisional placeholder claims that must be made within a two-year rolling window or else the funds are forgone forever.  Local governments are losing about $19 million a year from Tiptonville all the way across the state to Copperhill simply because timely claims have not been made.  This situation is appalling.  Republicans look forward to working with Democrats in both the House and the Senate to rectify this mess," concluded Senator Norris.

The Senate Democratic Leader noted that it appeared that his county may be losing $1.3 million a year based on Senator Norris's information and the Democratic Speaker pro Tem noted her county may be losing $300,000 a year.  The Speaker pro Tem then made a motion requesting a report from the administration to the committee in two weeks on what is being done about it.

The MAC Program provides federal reimbursement to local Tennessee school systems for administrative activities performed to link children to the TennCare Program and needed health services.  School systems in the state began the quarterly claiming process during the 2000-2001 school year.  To date, schools in Tennessee have not received reimbursement through this program, according to the Tennessee School Boards Association (TSBA).

TSBA also points out that TennCare should submit placeholder claims for all eligible quarters in which Tennessee school systems have participated, in good faith, in the data collection process of the program. 

For more details on the MAC program and some of its failings, we can provide a two-page TSBA summary by fax or you may contact Tammy Grissom, TSBA, at 741-4706, ext. 228.

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Bill Counters Meth-Making Madness

Senate Bill 469/House Bill 749, a bill dealing with methamphetamine issues, ultimately passed the Senate unanimously Monday, but it didn't quite speed its way through the Senate to restrict the volume of legal precursors that can be legally purchased and which can then be used for the illegal manufacture of methamphetamine, or Meth.

SB 469/HB 749 seeks to stop the Meth-Making blight on rural communities and to slow down the further spread of methamphetamine into the urban centers.  As passed in the Senate, the bill allows local governments to impose additional limitations, such as the location of certain precursor products behind counters.  Senator Randy McNally (R-Oak Ridge) is a co-sponsor of the bill.

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 Senate Floor Actions

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HB 1255/SB 478 passed the Senate unanimously on Monday to add that being the victim of a sex offense or of domestic abuse may, in addition to physical inability, be good causes for not reporting a crime to authorities within 48 hours when filing a claim under the Criminal Injuries Compensation Fund.

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HB 806/SB 520 passed the Senate unanimously on Monday to adopt the "National Crime Prevention and Privacy Compact" as it existed on January 1, 2001.

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SB 533/HB 268 passed the Senate unanimously on Monday to change the procedures used when qualified nurse practitioners write and sign prescriptions and issue drugs under physician supervision.

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SB 622/HB 1480 passed the Senate unanimously on Monday to grant courts more discretion as to the type of alimony which can be awarded by establishing a transitional alimony standard in order for it to qualify as an adjustment to income under federal income tax law.

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SB 875/HB 1568 by Senator Ron Ramsey (R-Blountville) passed the Senate unanimously on Monday to create the "Tennessee Off-Highway Motor Vehicle Act."

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SB 1200/HB 1054 by Senator Bill Clabough (R-Maryville) passed the Senate 28-1 on Monday to allow motorcycles to proceed with due care after stopping at a traffic control signal which is operated by a vehicle detection system because many modern motorcycles have very little metal and weight and thus fail to activate the mechanism that triggers the signal to change its cycle.  Two traffic control systems currently in common usage in Tennessee are a Magnetic Loop Ground Detection System and a Timed Sequence System.  SB 1200/HB 1054 does not apply to signals activated by a timing control mechanism.  If either signal system is inoperative, another procedure of treating the light like a stop sign already applies. 

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HB 1391/SB 1725 passed through unanimous consent of the Senate on Monday to allow a court the discretion of offering an individual who fails to comply with an order or decree of child support and maintenance an alternative punishment of removing litter or working in a recycling center.  According to the bill summary, under present law, a person who fails to comply with an order of child support may be subject to civil sanctions (such as license revocation) and criminal sanctions.  In regard to the criminal sanctions, any person who fails to comply with an order or decree to provide support and maintenance for a minor child or children may, in the discretion of the court, be punished by imprisonment in the county workhouse or county jail for a period not to exceed six months.  This bill would grant courts the discretion to require such noncompliant individuals to work in a recycling center or to remove litter from state highways, public parks, or other appropriate locations instead of, or in addition to, any other penalties otherwise provided.  Any one so sentenced would be allowed to complete the service at a time other than the person's regular hours of employment.

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SB 939/HB1080 passed the Senate unanimously Wednesday to direct the court to consider a custodial parent's failure to adhere to an order of custody and visitation in addition to provisions in a parenting plan as grounds for making a change in custody in favor of a non-custodial parent.

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HB 1634/SB 1088, "a housekeeping bill," passed the Senate 31-1 Wednesday to make a major rewrite of the laws regarding polygraph examiners and the rights of those interviewed.

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SB 1085/HB 782 passed the Senate unanimously on Wednesday to enact the "Tennessee Personal and Commercial Computer Act."

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HB 778/SB 1197 by Senator Bill Ketron (R-Murfreesboro) passed the Senate 28-1 on Thursday to allow employees of the Professional Educators of Tennessee to become members of the Tennessee Consolidated Retirement System (TCRS).

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HB 1361/SB 1595 passed the Senate unanimously Thursday to revise the present law provisions governing the computation of job and industrial machinery tax credits under excise and franchise tax laws.  Senator Ketron co-sponsors the measure.

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HB 1706/SB 1773 by Senator Ketron passed the Senate unanimously Thursday to allow an entity administering a program under the federal Workforce Investment Act of 1998 to be eligible for participation in TCRS.

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HB 1116/SB855 passed the Senate 26-5 on Thursday to rewrite the laws governing lease arrangements between optometrists and those who lease them space.

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Selected Committee Actions

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SB 887 by Senator Clabough passed out of Senate State and Local Government Committee to create the Tennessee Fire Department Recognition Act.

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SB 328 passed out of Senate State and Local Government Committee to change Election Law, including resetting the Presidential Preference Primary from the second Tuesday in March to the second Tuesday in February which would be Feb. 10 for the 2004 election.

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SB 1671 passed out of Senate State and Local Government Committee to require disclosure of consulting and lobbying contracts.

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SB 1092 by Senator David Fowler (R-Signal Mountain) passed out of Senate State and Local Government Committee to revise Election Law regarding the disclosure of interests by elected officials.  The bill would require elected officials to specifically name in required disclosure statements all firms or organizations in which that official has investments, instead of merely a general industry or field, such as telecommunications.

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SB 683 passed out of Senate State and Local Government Committee to implement FailSafe Voting.

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SB 634 passed out of Senate State and Local Government Committee to require the Registry of Election Finance to post campaign contribution disclosures on the Internet.

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SB 1782 passed out of Senate State and Local Government Committee to make changes to provisional voting procedures.

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SB 433 passed out of Senate State and Local Government Committee to increase campaign contribution limits based on the Consumer Price Index.

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SB 1371 passed out of Senate Commerce, Labor and Agriculture Committee to establish a Single Formulary System for potential TennCare pharmacy savings of $150 million a year.

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SB 1008 by Senator Norris passed out of Senate Judiciary Committee to authorize a gun permit holder whose permit lapses to reinstate and renew that license for a $25 fee within six months without retaking the gun safety course and background check.  Senator Curtis Person (R-Memphis) co-sponsors the measure.