Official Summary Text
This bill requires the bureau of TennCare, in consultation with the department of health and the department of children's services, to publish no later than January 1, 2027, and biannually thereafter, two comprehensive statewide data reports on the use o
f psychotropic medication and the psychotropic medication's associated costs. As used in this bill, a "psychotropic medication" includes antipsychotics, antidepressants, agents for control of mania and depression, antianxiety agents, psychomotor stimulan
ts
, and hypnotics. The data must be primarily derived from medical and pharmacy claims from the TennCare program and, to the extent authorized by the federal centers for medicare and medicaid services, from federal data sources.
FIRST REPORT
This bill requires the first report to contain (i) the number of persons prescribed at least one psychotropic medication, (ii) the number of distinct covered outpatient psychotropic medications paid through the TennCare pharmacy benefit prescribed per pe
rson over the course of one year, (iii) the person's county of residence, unless de-identification measures are needed, (iv) the percentages of the total TennCare population in each category, and (v) the total cost of psychotropic medications paid by the
Te
nnCare program with separate subtotals for state funds and federal funds, categorized by the same age, medication count, and county criteria as described above, unless de-identification measures are needed as outlined below.
SECOND REPORT
This bill requires the second report to contain the number of children in state custody and the number of young adults who are receiving foster care services who are prescribed psychotropic medication when the covered outpatient medication is paid throug
h the TennCare pharmacy benefit, categorized by (i) age groups, (ii) the number of distinct psychotropic medications prescribed per child or young adult over the course of one year when the child or young adult receives the psychotropic medication for a p
er
iod of 90 days or longer, (iii) the person's county of residence, unless de-identification measures are needed, and (iv) the total cost of psychotropic medications paid by the TennCare program, as described in this chapter, with separate subtotals for sta
te funds and federal funds, categorized by the same age, medication count, and county criteria as described above, unless de-identification measures are needed as outlined below.
TIMELINES
This bill requires each report to include comparative data for the immediately preceding two calendar years presented in tabular format. The initial report required must be published as outlined above. Beginning July 1, 2027, biannual reports are due w
ithin 90 days of the end of each calendar year and the beginning of each state fiscal year. Within such timelines, the bureau must (i) post both reports in a conspicuous, publicly accessible location on the TennCare website and (ii) transmit official cop
ie
s of both reports, including any executive summary or recommendations, to the senate health and welfare committee and the committee in the house of representatives with subject matter jurisdiction over health-related matters.
CONFIDENTIALITY
This bill requires the reports to be prepared in aggregate and de-identified form to ensure compliance with all applicable state and federal privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regu
lations. Data included in the reports must be de-identified in accordance with federal law and must not include protected health information, personally identifiable information, or any other confidential or federally protected data. The bureau must ens
ur
e that any TennCare member data, and any data relating to children in state custody or young adults receiving foster care services, is de-identified prior to publication and is presented using statistical disclosure limitation techniques, including suppre
ssion of small cell sizes, as necessary to prevent re-identification.
RULEMAKING
This bill authorizes the bureau, in consultation with the department of health and the department of children's services, to promulgate rules to effectuate this bill.
ON MARCH 5, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL
2255, AS AMENDED.
AMENDMENT #1 eliminates the requirement that the second report, as described above, contain data about psychotropic medications prescribed to young adults, aged 18 to 23, receiving foster care services.
Current Bill Text
Read the full stored bill text
HOUSE BILL 2389
By Martin B
SENATE BILL 2255
By Taylor
SB2255
012549
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AN ACT to amend Tennessee Code Annotated, Title 37;
Title 68 and Title 71, relative to psychotropic
medication.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 71, Chapter 5, Part 1, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Bureau" means the bureau of TennCare; and
(2) "Psychotropic medication":
(A) Means a drug that exercises a direct effect upon the central
nervous system and that is capable of influencing and modifying
behaviors; and
(B) Includes:
(i) Antipsychotics;
(ii) Antidepressants;
(iii) Agents for control of mania and depression;
(iv) Antianxiety agents;
(v) Psychomotor stimulants; and
(vi) Hypnotics.
(b) The bureau, in consultation with the department of health and the department
of children's services, shall publish no later than January 1, 2027, and biannually
thereafter, two (2) comprehensive statewide data reports on the use of psychotropic
medication and the psychotropic medication's associated costs. The data must be
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primarily derived from any medical and pharmacy claims from the TennCare program, as
described in this chapter, and, to the extent authorized by the federal centers for
medicare and medicaid services, from federal data sources.
(c) The first report must contain the number of persons prescribed at least one
(1) psychotropic medication, categorized by the following:
(1) Age groups, as follows:
(A) Birth to five (5) years of age;
(B) Six (6) to twelve (12) years of age;
(C) Thirteen (13) to seventeen (17) years of age;
(D) Eighteen (18) to sixty-four (64) years of age; and
(E) Sixty-five (65) years of age and older;
(2) The number of distinct covered outpatient psychotropic medications
paid through the TennCare pharmacy benefit prescribed per person over the
course of one (1) year:
(A) One (1) to three (3);
(B) Four (4) to six (6);
(C) Seven (7) to ten (10);
(D) Eleven (11) to fourteen (14); and
(E) Fifteen (15) or more;
(3) The person's county of residence, unless de-identification measures
are needed as outlined in subsection (g);
(4) The percentages of the total TennCare population in each category in
subdivisions (c)(1), (2), and (3); and
(5) The total cost of psychotropic medications paid by the TennCare
program, as described in title 71, chapter 5, with separate subtotals for state
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funds and federal funds, categorized by the same age, medication count, and
county criteria as described in this subsection (c), unless de-identification
measures are needed as outlined in subsection (g).
(d) The second report must contain the number of children in state custody and
the number of young adults who are receiving foster care services as described in § 37-
2-604 who are prescribed psychotropic medication when the covered outpatient
medication is paid through the TennCare pharmacy benefit, categorized by the following:
(1) Age groups, as follows:
(A) Birth to five (5) years of age;
(B) Six (6) to twelve (12) years of age;
(C) Thirteen (13) to seventeen (17) years of age; and
(D) Eighteen (18) to twenty-three (23) years of age;
(2) The number of distinct psychotropic medications prescribed per child
or young adult as described in subdivision (d)(1) over the course of one (1) year
when the child or young adult receives the psychotropic medication for a period
of ninety (90) days or longer:
(A) One (1) to three (3);
(B) Four (4) to six (6);
(C) Seven (7) to ten (10);
(D) Eleven (11) to fourteen (14); and
(E) Fifteen (15) or more;
(3) The person's county of residence, unless de-identification measures
are needed as outlined in subsection (g); and
(4) The total cost of psychotropic medications paid by the TennCare
program, as described in this chapter, with separate subtotals for state funds and
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federal funds, categorized by the same age, medication count, and county
criteria as described in this subsection (d), unless de-identification measures are
needed as outlined in subsection (g).
(e) Each report shall include comparative data for the immediately preceding two
(2) calendar years presented in tabular format.
(f) The initial report required by this section must be published as outlined in
subsection (b). Beginning July 1, 2027, biannual reports are due within ninety (90) days
of the end of each calendar year and the beginning of each state fiscal year. Within
such timelines, the bureau shall:
(1) Post both reports in a conspicuous, publicly accessible location on
the TennCare website; and
(2) Transmit official copies of both reports, including any executive
summary or recommendations, to the senate health and welfare committee and
the committee in the house of representatives with subject matter jurisdiction
over health-related matters.
(g) The reports must be prepared in aggregate and de-identified form to ensure
compliance with all applicable state and federal privacy laws, including the Health
Insurance Portability and Accountability Act (HIPAA) (42 U.S.C. § 1320d et seq.) and its
implementing regulations. Data included in the reports must be de-identified in
accordance with 45 CFR 164.514 and must not include protected health information
(PHI), personally identifiable information, or any other confidential or federally protected
data. The bureau shall ensure that any TennCare member data, and any data relating
to children in state custody or young adults receiving foster care services described in §
37-2-604, is de-identified prior to publication and is presented using statistical disclosure
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limitation techniques, including suppression of small cell sizes, as necessary to prevent
re-identification.
(h) The bureau, in consultation with the department of health and the department
of children's services, is authorized to promulgate rules to effectuate this section. The
rules must be promulgated in accordance with the Uniform Administrative Procedures
Act, compiled in title 4, chapter 5.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.