Attorney general issues legal opinion on Insure Tennessee plan

Herbert Slatery
Herbert Slatery
photo Herbert Slatery

NASHVILLE - Tennessee Attorney General Herbert Slatery says in a new legal opinion that neither the federal government nor the federal Centers for Medicare and Medicaid Services "could unilaterally change" Gov. Bill Haslam's proposed Insure Tennessee plan should it be approved by state lawmakers.

"However," Slatery says, "it is possible that Congress through legislation or CMS through regulation or policy statement could require the State to make changes to those agreements, just as Congress and CMS could now do [with TennCare], regardless of the addition of the Insure Tennessee component."

Moreover, Slatery says in the opinion dated Monday, "the federal government or CMS could change or clarify a policy or modify a regulation or law that would affect a provision in the TennCare Waiver."

Slatery agrees with Haslam on a key point involving the state's ability to jetison the program should it not work.

"The State may unilaterally decide to discontinue coverage for the Insure Tennessee population, as long as implementation satisfies certain notice and phase-out procedures set out in the TennCare waiver," he wrote.

The opinion was publicly released a few hours before the Senate Judiciary Committee meets this afternoon to examine "legal issues" surrounding the plan and the federal waiver of Medicaid rules Haslam is requesting from the federal government to implement the plan.

Lawmakers are expected to consider the program next week in a special session of the GOP-dominated General Assembly called by Haslam, a fellow Republican.

Haslam is traveling the state this week making his case to persuade reluctant members of his own party to approve what he calls his "market-driven" take on Medicaid expansion under the federal Affordable Care Act.

Haslam says he will have an agreement with federal officials allowing him to jetison his "market-driven" plan at any time if funding or other problems develop.

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