TennCare is a defendant in several class action cases, and certain orders and consent decrees entered in connection with those cases are posted on the links below.
Because some of these cases are ongoing, these orders and decrees may be changed or modified in the future. TennCare has not posted all of the pleadings contained in the cases and does not warrant that it has posted all pleadings.
The majority of the pleadings in these cases are public record and may be obtained through the United States District Court for the Middle District of Tennessee Nashville Division. However, some pleadings have been filed under seal and are not available to the public.
In Re Estate of Martha M. Tanner, Tennessee Supreme Court, No. M2006-02640-SC-R11-CV, October 7, 2009.
The Tennessee Supreme Court has held that claims for estate recovery must be paid by the estate out of estate assets, even if TennCare has not filed a claim in Probate Court within one year of the date of a TennCare recipient’s death. Other claims against an estate are required to be filed within the one year period. Under Tennessee law, personal representatives are required to file with the Probate Court from a statement from TennCare stating that TennCare either has no claim or that the claim has been resolved and released. A personal representative can be found personally liable for the estate recovery claim if the estate is closed without such a statement from TennCare.