TBA Law Blog


Posted by: Paul Burch on May 25, 2023

The Tennessee Supreme Court in a unanimous ruling today found that a $50 cap imposed by the Division of TennCare on reimbursements to certain health providers is a “rule” within the meaning of the Uniform Administrative Procedures Act. Because of that, the cap should have been handled through the agency’s notice-and-comment rulemaking process and, because it was not, it was found to be void. The decision reversed the Court of Appeals, which had found the cap qualified for an “internal-management exception.” TennCare had relied on that exemption to promulgate the change. Read more about the case from the Administrative Office of the Courts or access the opinion.