Tennessee § 68-34-105 - Disposition of funds — Development of program.

§ 68-34-105. Disposition of funds — Development of program.

The department is authorized to receive and disburse such funds as may be available to it for family planning programs in accordance with this section. Notwithstanding any other law, any funds that become available to the department for family planning programs, in excess of funds needed to operate family planning programs in county or district health departments, must be awarded to eligible entities in the following order of descending priority: Public entities that are eligible under state and federal law to provide family planning services, including state, county, and local community health centers, and federally qualified health centers; Nonpublic entities that are eligible under state and federal law to provide family planning services and that provide comprehensive primary and preventative care services; and Nonpublic entities that are eligible under state and federal law to provide family planning services, but that do not provide comprehensive primary and preventative care services. For purposes of subdivisions (b)(1)(B) and (C), “comprehensive primary and preventative care services” means those services described in Sections 330(b)(1)(A)(i)(I), (II), (III)(aa)-(gg) and (IV), and 330(b)(1)(A)(ii) of the Public Health Service Act (42 U.S.C. §§ 254b(b)(1)(A)(i)(I), (II), (III)(aa)-(gg), (IV), and 42 U.S.C. § 254b(b)(1)(A)(ii)) as well as pharmaceutical services as may be appropriate for particular entities. Notwithstanding subsection (b), the department shall ensure, in compliance with federal law, distribution of funds for family planning services in a manner that does not severely limit or eliminate access to those services in any region of the state. Acts 1971, ch. 400, § 1; T.C.A., § 53-4605; Acts 2009, ch. 575, §§ 1, 2; 2018, ch. 660, § 1. Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Amendments. The 2018 amendment rewrote the section which read: “(a) The department is authorized to receive and disburse such funds as may become available to it for family planning programs to any organization, public or private, engaged in providing contraceptive procedures, supplies and information.“(b) Any family planning program administered by the department may be developed in consultation and coordination with other family planning agencies in this state.“(c) For purposes of any county having a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, the commissioner shall, in distributing the funds provided for under this section, issue a single request for grant proposals for each affected county for funding for family planning programs. The commissioner shall send a notification of this request to the affected county health departments and shall place a notification on the department's web site. The commissioner shall allow at least thirty (30) days after issuing the notification before closing the application period. The commissioner and the department shall encourage the county health departments to take every step possible to be able to accept all family planning funds provided by the state for that particular county. Upon receipt of all applications, the commissioner shall first consider and give preference to funding requests from the county health departments. The commissioner shall not exclude a county health department that seeks full funding of family planning services if, at the time of the application, the county health department does not have the capacity to serve the number of patients as estimated in the request for grant proposal. The county health department must provide documentation, however, demonstrating its ability at the inception of the grant period to serve the number of patients estimated in the request for grant proposal. Acceptance of such funding shall create an obligation under this section to provide family planning services to all eligible clients seeking services throughout the term of the grant. “(d) If funds remain after the awarding of funds to county health departments as provided in subsection (c), the commissioner may make funding available to any other applicants pursuant to the request for grant proposal.” Effective Dates. Acts 2018, ch. 660, § 2. April 9, 2018.