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2011 Legislative Session

Each year the Coalition tackles dozens of issues at the legislature. The first three items are key we are pursuing. Further below is a compilation of dozens of disability-related bills that we continue to track and work as needed.

Recommendations for 2011

Funding for the Family Support Program – Since 1992 the Family Support Program has assisted thousands of families who are working hard to maintain their family members with disabilities at home. The Family Support Program is widely recognized as one of the most successful services in Tennessee. This is documented by annual consumer satisfaction surveys that are maintained by the state. Today the Family Support Program serves approximately 4,300 families. In the past 2 years the $7.2 million allocated for the program was eliminated from the state’s recurring budget. It has only continued because of federal stimulus money. This funding is soon ending, and the program will end unless the Family Support Program is returned to the state’s base budget. Download a flyer on Family Support.

Death Penalty and Mental Illness – The mental health community in Tennessee, including the National Alliance on Mental Illness (NAMI), Disability Law & Advocacy Center of Tennessee, and dozens of other advocates working on issues affecting those with mental illness and disability, are proposing a law that will exclude people with severe and persistent mental illness (SPMI) from the death penalty. Under the proposed law, life without the possibility of parole would be the maximum punishment for violent offenders with severe and persistent mental illness.

SB 1692/HB2064 - Life Imprisonment for Convicted Murderer with Mental Illness - Provides that a person with severe and persistent mental illness (at the time of the murder) cannot be executed, but may receive life in prison without parole. Sponsored by Senator Burks and Representative Matheny.

a baby Children with Hearing Loss – (HB 761/SB 607) The Coalition program, Family Voices of Tennessee, provides family-to-family supports to parents of young children who have been diagnosed with hearing loss. Many of these families struggle to get their children the hearing aids they need. We do not believe that a child's ability to hear should be determined based on family income.

Thanks to Clare’s Law, Tennessee now requires that practically all newborn babies be screened for hearing loss. To diagnose deafness and then fail to provide intervention is unacceptable. Research shows that by the time a child with hearing loss graduates from high school, more than $400,000 per child can be saved in special education costs if the child is identified early and given appropriate educational, medical, and audiological services. Download a flyer on the hearing aid legislation.

Additional Legislation - New bills added throughout session

Concussion/Brain Injury

SB 589/HB 312 - Concussion Guidelines for Coaches: Requires the department of education to develop and distribute to LEAs guidelines concerning educational policies for coaches, student-athletes and their parents regarding the identification and handling of concussions and head injuries. Allows the department to collaborate with and seek assistance from TN Secondary School Athletic Association and governmental agencies such as the department of health. Requires each coach, school employee and volunteer coach working with an athletic team to sign a statement acknowledging receipt and review of such information. Requires that a student athlete and the athlete's parent sign a statement acknowledging receipt of such information. Sponsored by Senator L. Finney and Representative Fitzhugh.

SB 841/HB 978 - Development of an athletic concussion policy: Requires the department of education to develop an athletic concussion policy for adoption by each LEA to identify students at risk for concussions during the course of athletic activities. Requires any insurance policy issued to a school or organization providing youth recreational activities to require the school or organization to adopt an athletic concussion policy, which includes certain provisions. Sponsored by Senator Campfield and Representative Shipley.

SB 1120/HB 1753 - Youth Sports Safety Act: Requires the department of health and the department of education to develop and post on their web sites, guidelines and other relevant materials to inform and educate students participating in or desiring to participate in an athletic activity, their parents, and their coaches, about the nature and risk of concussion and closed head injury, including the risks associated with continuing to play or practice after a concussion or head injury. Requires students, prior to participation by the student in an athletic activity, to sign and return to the student's school an acknowledgment of receipt and review of a concussion and head injury information sheet. Requires a student who exhibits signs or symptoms of a concussion or closed head injury while engaged in an athletic activity to be removed from participation until cleared in writing by a licensed health care provider. Requires LEAs to establish certain penalties for a coach found in violation of the new requirements. Sponsored by Senator Marrero and Representative M. Turner.

HB 81 - Off-highway motor vehicles: minors must wear helmets: Creates a Class C misdemeanor offense for a parent or guardian of a minor who allows the minor to ride off-highway motor vehicles without a helmet, including on private property or for the purpose of hunting. Sponsored by Representative Hardaway.

SB 1466/HB 1673 - Riding a Motorcycle without a Helmet: Allows persons 21 and older to ride without a helmet if possessing proof of comprehensive medical coverage providing at least $15,000 in medical benefits for injuries from a crash. Sponsored by Senator Bell and Representative Matheny.

Education

SB 1993/HB 1336 - Restraint & Seclusion Reforms - This bill, developed within the disability community, updates and enhances state law to further protect students when schools use restraint or isolation practices. Sponsored by Senator Stewart and Representative S. Jones. To read more about the bill.

SB 486/HB 387 - Scholarship Aid to Students with Disabilities - Allows any parent of an eligible child to qualify for a scholarship from the state for the child to enroll in and attend a participating private school under certain conditions. Sponsored by Senator Kelsey and Representative Dunn.

SB 587/HB 543 - Alternative Schools to Obtain IEPs: Requires an alterantive school to take reasonable steps to promptly obtain a pupil's msot recent individualized education plan (IEP) and other relevant records. Sponsored by Senator L. Finney and Representative Halford.

SB 2007/HB 552 - HOPE Scholarships & Students with Disabilities: Permits a student to petition for an extension of the five year period a student is allowed to receive a HOPE scholarship if the student is in need of an extension because a medical disability required the student to attend postsecondary school part-time. Limits extensions to ten years from the date of initial enrollment in postsecondary school. Allows students who have reached the five year maximum prior to the effective date of this act and who would have qualified for the extension to apply to regain the HOPE scholarship. Sponsored by Senator Stewart and Representative Harmon.

SB 2008/HB 474 - HOPE Scholarships & Students with Disabilities: Allows a student who has a documented medical disability to petition for an extension of the five-year period in which a student can receive a HOPE scholarship if, because of the disability, the student can only attend an eligible postsecondary institution part-time. Prohibits such extension from extending beyond 10 years from the date of the student's initial enrollment at any postsecondary institution. Sponsored by Senator E. Stewart and Representative Matheny.

SB 1707/HB 1979 - Funding to Licensed Residential Treatment Centers - Requires a local board of education to allocate funding to licensed residential treatment centers where students have been admitted in an amount equal to the per student state and local funds received by the LEA. Requires such funding allocation to be in addition to funds provided by federal law and regulations including ESEA funds. Sponsored by Senator Tracy and Representative Carr.

Health Care

SB 607/HB 761 - Hearing Aid Coverage for Children: Requires health care policies to provide hearing aid coverage for children up to $1,000 per individual hearing aid, per ear, every three years. Sponsored by Senator Overbey and Representative Montgomery. Download a flyer on the hearing aid legislation.

SB 718/HB 723 - Coverage for Ectodermal Dysplasia, Cleft Lip & Palate: Requires all individual and group health insurance policies providing coverage on an expense incurred basis, individual and group service contracts issued by an HMO, all self-insured group arrangements, and all managed health care delivery entities that are issued or renewed on or after January 1, 2012, to cover inpatient and outpatient dental, oral surgical, and orthodontic services that are medically necessary for the treatment of medically diagnosed cleft lip, cleft palate or ectodermal dysplasia for covered persons who are children. Sponsored by Senator Berke and Representative Dean.

SB 993/HB 1818 - Coverage of Tamper Resistant Opioids. Requires health benefit plans to provide coverage of tamper resistant opioids if a health benefit plan includes prescription drug coverage. Sponsored by Senator McNally and Representative Lundberg.

SB 1061/HB 1162 - Unreasonable Denial of Coverage for a Medical Procedure: Prohibits a health insurance entity from unreasonably denying coverage for a medical procedure or test that the entity decides is not medically necessary. Specifies if an insured individual seeks medical care at the individual's own expense after a denial of such coverage, and the procedure or test is proven to be medically necessary based upon the results of the procedure or test or upon the medical condition found, then it shall be presumed that such denial is unreasonable. Requires the health insurance entity to reimburse the insured for all expenses incurred and associated with the procedure or test at 100 percent if the health insurance entity is found to have unreasonably denied the coverage. Sponsored by Senator Marrero and Representative Favors.

HB 115/SB79 - TN Health Care Freedom Act: Delcares that the public policy of the state is that every person is free to choose ro to decline to choose any mode of securing health care services without penalty or threat of penalty. Sponsored by Senator Beavers and Representative Weaver.

SB 538/HB 186 - Pertussis and Newborns: Requires each hospital to provide parents of newborns with information on Pertussis and the availability of a vaccine to protect agains it. Sponsored by Senator McNally and Representative Maggart.

Intellectual and Developmental Disabilities

SB 818/HB 1134 - Updates References to Intellectual Disabilities: Replaces references to mental retardation with references to intellectual and/or developmental disabilities. Makes technical corrections. Sponsored by Senator Crowe and Representative H. Brooks.

SB 850/HB 1089 - Updates Terminology Regarding Disabilities: Updates terminology related to individuals with disabilities throughout TN Code. Clarifies that nothing in the bill is meant to alter eligibility for services for individuals who are covered by these provisions prior to passage. Deletes the requirement that no marriage license shall be granted if either applicant is "insane" or "an imbecile". Sponsored by Senator Henry and Representative Casada.

SB 499/HB 510 - Providers of Intellectual Disability Services: Exempts certain provider agencies from annual quality assurance evaluations if the agency possesses accreditation from the Commission for Accreditation of Rehabilitation Facilities, the Council on Accreditation, or the Joint Commission on the Accreditation of Health Care Organizations. Sponsored by Senator Bell and Representative K. Brooks.

SB 1195/HB 195 - Technical Corrections Regarding Intellectual Disabilities: Makes various technical changes, including replacing "mentally retarded" with "people with intellectual disability," "mental retardation" with "intellectual disability," and "Tennessee division of intellectual disabilities services" with "department of intellectual and developmental disabilities." Sponsored by Senator Yager and Representative H. Brooks.

SB 1196/HB 16 - Intellectual Disability Services: Requires department of intellectual and development disabilities to provide notice of changes to rules, regulations, policy or guidelines to the house and senate health committees within 30 days after implementing the change. Requires the board for licensing health care facilities, on request of the commissioner of intellectual and developmental disabilities, to provide prompt assistance in determining the fiscal and program impact of such changes. Broadly captioned. Sponsored by Senator Yager and Representative H. Brooks.

SB 1533/HB 1997 - Redefinition of Developmental & Intellectual Disability: Redefines developmental disability to mean an individual over the age of five that is attributable to a mental or physical impairment or combination of the two, manifested before age 22, likely to continue indefinitely, results in substantial functional limitations of multiple major life activities, and reflects the person's need for special assistance. Defines intellectual disability as a mental impairment as shown by I.Q. of 70 or below, that exists concurrently with related limitations in a couple adaptive skills, and that is detected before age 18. Sponsored by Senator Norris and Representative McCormick (Administration Package)

Long-Term Care & Home Health Care

SB 596/HB 604 - Study on Creation of Department of Aging and Adult Services: Creates a special joint committee to study the creation of a department of aging and adult services. Requires the committee to address issues relating to reducing systemic fragmentation of services to aged persons, the lack of a single point of entry for aged persons seeking services, and enhancing system-wide planning for services to aged persons. Specifies membership of committee. Broadly captioned. Sponsored by L. Finney and Representative Pitts.

SB 731/HB 0197 - Daily Care of Nursing Home Residents: Requires a minimum of four hours of daily direct care to nursing home resident with 3.2 hours of nursing assistant care and .8 hours of licensed nursing care. Sponsored by Senator Tate and Representative Gilmore.

SB 909/HB 1213 - Evidence-based Program Funding: Requires that 50% of funds expended for in-home visitation programs be expended on evidence-based programs for the fiscal year 2011-2012 and 75% for each year thereafter and specifies research methods that show a program is evidence based. Sponsored by Senator Overbey and Representative R. Williams.

SB 1703/HB 2031 - Home Health Care & Medication Assistance: Requires home health care companies who provide medication assistance in the clients home to be properly insured, maintian a drug-free workplace, and background checks for employee's assisting in the home. Requires a list of assisted medications to be kept in the clients home along with a log containing an entry for each administration. Sponsored by Senator Burks and Representative Curtiss.

SB 2072/HB 2121 - Home Health Care & Medication Assistance: Specifies that a person who provides personal support services in the home must, prior to assisting with medication, have received training in medication assistance developed by a registered nurse. Sponsored by Senator Burks and Representative Curtiss.

Mental Health

SB 608/HB 683 - Court-ordered Assisted Outpatient Treatment: Authorizes a court to order a proposed patient to receive outpatient treatment for severe and persistent mental illnesses that is 18 years of age or older and meets specified requirements concerning the necessity of treatment and the likely impact it will have. Prohibits the court from ordering outpatient treatment in excess of one year and permits applications to extend treatment. Requires the department to cover costs for indigent patients, and permits emergency detention for patients failing to comply with the court order. Sponsored by Senator Overbey and Representative Maggart.

HB 232 - Criminal History Checks for Mental Health Personnel: Abolishes the option for employees and volunteers of state licensed facilities providing services for mental health and intellectual developmental disabilities to satisfy a criminal history background check by releasing information for a criminal background investigation by a state licensed private investigation company instead of providing fingerprints. Sponsored by Representative Dunn.

SB 390/HB 749 - Psychologists Can Prescribe Certain Medicines: Authorizes psychologists to prescribe medicines to patients. Requires such psychologists to be doctoral-level, practiced for at least one year, and evaluated at least 100 patients. Requires the board of examiners in psychology to develop procedures to ensure that these regulations are being enforced. Restricts such psychologists from prescribing certain medications and to certain patients, including patients concurrently under the care of a treating physician or primary care provider. Sponsored by Senator Summerville and Representative Shipley.

SB 1692/HB2064 - Life Imprisonment for Convicted Murderer with Mental Illness - Provides that a person with severe and persistent mental illness (at the time of the murder) cannot be executed, but may receive life in prison without parole. Sponsored by Senator Burks and Representative Matheny.

Miscellaneous

SB 1113/HB 1357 - Burden Shifting in Employment Litigation: Requires courts to allow burden shifting in employment litigation concerning all motions for summary judgment, including those involving disability discrimination claims. Sponsored by Senator Kelsey and Representative Dennis.

SB 195/HB 644 - Committee for Purchase from the Blind & Severely Disabled: Extends the termination date of the committee for purchase from the blind and other severely disabled from June 30, 2011 to June 30, 2017. Sponsored by Senator B. Watson and Representative J. Cobb.

SB 338/HB 564 - Diabetic Supplies Exemption: Exempts certain diabetic supplies, including test strips for blood glucose monitors, lancets, and of visual reading and urine test strips for diabetes, from the sales and use tax. Sponsored by Senator Haile and Representative Hensley.

SB 1383/HB 1611 - Over-the-Counter Medication Exemption: Exempts any over-the-counter drug for human use dispensed without a prescription from sales tax. Sponsored by L. Finney and Representative Shaw.

SB 429/HB 429 - Registration plates and decals for disabled persons: Requires the department of revenue to provide a distinctively designed decal to disabled drivers who have received specialty earmarked license plates so the decal can be attached to the specialty plate as a recognizable symbol identifying persons who have qualified as a disabled driver or passenger. Sponsored by Senator Southerland and Representative Hill.

SB 544/HB 1246 - Business to provide van-accessible disabled parking spaces: Requires any business that provides disabled parking spaces to also provide van-accessible parking spaces. Sponsored by Senator McNally and Representative Matlock.

SB 1147/HB 1256 - Catastrophic trauma fund for motorcycle-related injuries. Creates the "catastrophic trauma fund" to be used by the vocational rehabilitation division of the department of human resources to provide financial assistance to residents with motorcycle-related injuries for specified services. Sponsored by Senator Henry and Representative Casada.

SB 39/HB 206 - Duration of Disabled Parking Placards: Extends the time period that a permanent disabled parking placard is valid from 2 to 5 yeras and adjusts the fee from $3 to $7.50. Sponsored by Senator Faulk and Representative Harrison.

SB 1384/HB 1682 - Free Photo IDs: Makes photo identification licenses issued by the Department of Safety to persons 18 and older free. Sponsored by Senator L. Finney and Representative Odom.

SB 425/HB 437 - Right Turns on Red Signals: Removes requirement that vehicle making right turn on red signal come to full and complete stop prior to making such turn. Instead, requires vehicle to yield the right-of-way to pedestrians and cross traffic traveling in accordance with their traffic signal. Sponsored by Senator Campfield and Representative Hill.

SB 1271/HB 1397 - Photo ID for Persons with a Disability: Profies for an identification card issued free of charge to "any person with a disability." The disability must be verified by a physician.

SB 1921/HB 1629 - Pre-employment Background Check: Requires developmental centers or other entities providing a mental health or DD service to check the abuse registry prior to hiring applicants for employment or to be used as volunteers. Prohibits a person listed from being hired or otherwise permitted to provide services in the organizaiton. Sponsored by Senator Woodson and Representative Dunn.

TennCare

SB 1577/HB 1228 - Certified nurse assistant services for quadriplegics: Makes certified nurse assistant services for certain quadriplegics with autonomic dysreflexia a covered medical service under TennCare. Sponsored by Senator Summerville and Representative Bass.

SB 1654/HB 830 - Ambulance service in the TennCare program: Requires TennCare managed care organizations (MCOs) to allow TennCare enrollees to request certain providers for nonemergency ambulance service. Requires all providers to be reimbursed on same basis whether or not they are in the MCO's network. Sponsored by Senator Gresham and Representative Hensley.

SB 1856/HB 1146 - Nonemergent primary care from public health departments: Requires the commissioner of finance and administration to seek a federal waiver from the federal secretary of health to require adult individuals receiving medical assistance through TennCare to utilize clinics associated with local health departments as the exclusive provider of primary care before seeking care at a hospital-based emergency room for nonemergent care. Requires public colleges of medicine or medical schools to enter into agreements with local health departments within each schools division in order to provide additional resources to the local health departments. Requires the bureau of TennCare to provide grants and other financial assistance to local health departments for initiating or operating clinics that provide adult primary care service in order to expand the number of clinics. Broadly captioned. Sponsored by Seantor Crowe and Repesentative Casada.

Tort Liability

SB 1522/HB2008 - TN Civil Justice Act: Among other provisions this bill would: in any health care liability action in which liability is admitted or established, the damages awarded may include, in addition to other elements of damages authorized by law, actual economic losses incurred by the claimant by reason of the injury. Actual economic losses include, but are not limited to, the costs of reasonable and necessary medical care, rehabilitation services and custodial care, loss of services, and loss of earned income. Sponsored by Senator Norris and Representative McCormick.

SB 101/HB 1640 - Claims against nursing home classified as malpractice suit: Broadens the category of medical malpractice to include any civil action against a licensed nursing home, assisted-living facility, or home for the aged including actions against the employees providing healthcare services. Broadly captioned. Sponsored by Senator Norris and Representative Dennis.

SB 386/HB 363 - Jobs Creation Lawsuit Reform Act: Caps the reasonable attorney fees in medical liability/malpractice actions to 40 percent of the first 50,000 dollars in damages recovered, 33 and one-third percent of the next $50,000 in damages recovered, 25 percent of the next $500,000 in damages recovered, and 15 percent of any amount by which the recovery exceeds $600,000. (Broadly captioned.) Sponsored by Senator Kelsey and Representative Dennis.

Voting

SB 16/HB 7 - Must Present Government ID: Requires all voters voting in-person to present a valid government ID to vote. Provides for the use of provisional ballots if a person cannot provide acceptable ID. Sponsored by Senator Ketron and Representative Maggart.

SB 352/HB 324 - Proof of Citizenship & Registration: Requires the rejection of any voter registration application that does not include satisfactory evidence of US citizenship. Sponsored by Senator Norris and Representative Todd.

SB 375/HB 402 - Proper Identification: Requires a voter to present one form of identification including the person's name, address, and photograph among other provisions. Provides for the use of provisional ballots if a person cannot provide acceptable ID. Allows indigent persons to have fees waived in order to receive appropriate identification issued by the Department of Safety. Sponsored by Senator Bell and Representative E. Watson.

SB 377/HB 393 - Citizenship and Registration Form: Requires voter registration forms to include additional inforamtion including proof of citizenship outlined in the bill. Sponsored by Senator Bell and Representative E. Watson.

SB 1203/HB 386 - Voter Confidence Act - Delays implementation of the Voter Confidence ACt utnil the General Assembly includes a specific appropriation to cover all increased costs to counties that would result from the legislation. Sponsored by Senator Yager and Representative Dunn.

SB 1360/HB 1731 - Senior Voters and Birth Certificates: Allows a person age 65 or older who is unable to obtain a copy of their birth certificate to vote by executing an affidavit of identity. Sponsored by Senator L. Finney and Representative Tindell.

SB 1828/HB 2063 - Senior Voters and Identification: Exempts persons age 65 and older from showing identification with a photograph in order to vote. Sponsored by Senator Herron and Representative Fitzhugh.

SB 1598/HB 1735 - Voting Twice by Seniors or People with a Mental or Developmental Disability: Establishes a test to determine whether an elderly person or person having a mental or developmental disability may be prosecuted for attempting to or actually voting twice in an election. Sponsored by Senator Marrero and Rerpresentative Kernell.

SB 1829/HB 2062 - Absence of Voter Idenfication: Allows any voter without the required proof of identification to cast a ballot provided they appear in person at the county election commission office during the early voting period, sign an affidavit of identity and post for a digital photograph. Sponsored by Senator Herron and Representative Fitzhugh.

Editor's Notes:

The inclusion or exclusion of a bill on this list does not indicate endorsement or opposition.
This is not an exhaustive list of all disability-related bills.
If you find an error or bad link please alert us by writing to news@tndisability.org.