2007 Legislation

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Summaries of Disability Legislation

Here We Go Again - Coalition Opposes SB 828/HB 2090

Waiting list for ICF/MR beds (SB828/HB2090) Makes individuals from the waiting list eligible for ICF/MR beds and authorizes the division of mental retardation services to approve persons who fill such beds. AMENDMENT: House Health Care Facilities Subcommittee amendment 1 exempts the division from the certificate of need process for ICF/MR beds. By Representative Maddox and Senator Jerry Cooper. To read and track SB828.

About this Legislation -- This bill is the successor to last year's newly passed law which permitted the addition of 160 new ICF/MR institutional Beds. That legislation only permitted persons living in a developmental center to move into the institutional beds. This legislation does three very bad things:

1. It opens up those new beds to people on the waiting list so there will be a net increase in the number of persons institutionalized in Tennessee.
2. It has been amended to remove the requirement that a Certificate of Need be granted before a new ICF/MR bed is opened so the new institutional beds can open up more quickly.
3. It has no provisions to provide individuals with choice between between institutional care and care in the home or other community setting.

Education

Special education due process hearings (SB0907/HB 374) - Requires the department of education to enforce the Individuals with Disabilities Education Act (IDEA) and to monitor LEAs to determine their compliance with IDEA. Requires department to notify LEA and parents when LEA has violated any portion of IDEA within ten days of violation. Requires LEA to notify department within 30 days that violation has been corrected. Requires department to take over the direct administration of LEA's special education program for LEA that does not provide timely documentation of correction. Specifies procedures for department when investigating complaints from parents or children regarding enforcement of IDEA. By Senator Ketron and Representative Briley. To read and track.

Class Sizes and Students with Disabilities (SB0048) - Requires the state Board of Education to develop a weighted class size formula to take into consideration the additional needs of students with disabilities or who are eligible for special education services by February 2, 2008. Specifies that the weighted standards will take effect in the 2008 - 2009 school year. By Senator Finney, R. To read and track..

LEAs to provide vision screenings (SB0152/HB1312) - Allows Local Education Associations to provide vision screenings for students who are unable to pay for such vision screenings. Encourages LEAs to seek free or reduced-cost vision screenings from providers who are willing to donate their services. By Senator Harper and Representative West. To read and track.

Restraint & Seclusion (SB1662/HB1186) - There are no guidelines in Tennessee law on the use of restraint or seclusion in schools. Restraint and seclusion have been used incorrectly with children and youth receiving special education services in Tennessee schools. This act will : (a) ensure that every student receiving special education and related services is free from the unreasonable, unsafe and unwarranted use of restraint practices; and (b) encourage the use of positive behavioral support methods in schools and to develop a well-trained staff in order to reduce dependence on seclusion and restraint practices. By Senator Jackson and Representative Sherry Jones. To read and track this bill.

Occupational diploma for students with disabilities (SB1296/HB1544) Requires state board of education to establish an occupational diploma for students with disabilities. By Senator Ophelia Ford and Representative Rowe. To read and track.

Administration of anti-seizure medications in school (SB0461HB2073)  Allows volunteer school personnel who have been properly trained by a registered nurse to administer anti-seizure medications, including diazepam gel, to a student in an emergency situation in accordance with the student's individual health plan. By Senator Woodson & Representative Maddox.  To read and track.

Care of students with diabetes (SB722/HB1863) Allows adult volunteers, in addition to school personnel, to perform diabetes care tasks for students. Requires the department of education and the department of health with representatives from the Tennessee board of nursing, Tennessee diabetes prevention and control program, and the American Diabetes Association to amend guidelines for health care procedures in schools to reflect provisions of this act. Requires guidelines to be developed and approved by September 1, 2007. Specifies criteria for instruction and training of school personnel and adult volunteers performing diabetes care tasks for students. Allows school personnel and adult volunteers who have completed training to administer insulin or assist a student in administering insulin. By Senator Woodson and Representative Swafford. To read and track.

Disability Services

Department of Aging and Disability (SB0308/HB2063) - Establishes a new department under the general supervision of the department of revenue. Requires the department to plan, develop, and administer programs for seniors and people with disabilities. Transfers the duties of the commission on aging and disability to the department. By Senator Lowe Finney. To read and track.

To read the Coalition's summary of this bill

Alzheimer’s Disease Task Force (SB0826) - Creates a 19 member volunteer task force to investigate issues relative to Alzheimer’s Disease. To read and track.

Health Insurance

Chiropractic Care (HB0218/SB0195) - Prohibits health insurers from imposing coverage limitations, copayments or compensation on chiropractic care that differs from those imposed on physicians, osteopathic physicians, or occupational and physical therapists for similar services. To read and track.

Insurance coverage for breast cancer (SB2036/HB1854) Requires certain insurance coverage and benefits for breast cancer patients including minimum in-hospital stay of 48 hours for a mastectomy, a minimum in-hospital stay of 24 hours for a lymph node dissection for the treatment of breast cancer, coverage of a secondary consultation, and radiation therapy for a patient undergoing a lumpectomy under certain circumstances. By Senator Crutchfield and Representative Litz. To read and track.

Hearing Screenings for Newborns (SB0074, HB0011) - Requires that every newborn infant be screened for hearing lost prior to discharge from hospital, unless parents object on religious grounds. Specifies that a child born outside a hospital setting be referred to the Department of Health for hearing screening. Requires those who do not pass to be referred to the TN Early Intervention System. Requires certain insurance plans and HMOs to provide coverage for infant screening tests. Failure to complain is a Class C misdemeanor. By Senator Harper and Representative Pruitt. To read and track.

Hearing screenings for newborns (SB0107/HB0817) - Requires newborn infants to be screened for hearing loss prior to discharge from the hospital unless parent objects due for religious reasons. Also requires health insurance coverage for such screenings. By Senator Burchett and Representative McCord. To read and track.

Preference in insurance coverage (SB 0301/HB0276) - Broadens the basis upon which an insurer may give distinction in insurance coverage, rates, premiums, benefits, or conditions. By Senator Ketron and Representative John DeBerry. To read and track.

Self-insurance pool criteria amended (SB0343/HB2082) Under present law, 10 or more employers of the same trade or professional association may enter into an agreement to pool their liabilities for the purpose of qualifying as self-insurers, in regard to accident and sickness insurance. This bill rewrites this provision so that two or more employers of the same trade or professional organization with at least 500 covered lives may enter into an agreement to pool their liabilities.

This bill provides that a pool created by an association of private, not-for-profit educational institutions will be exempt from the present law provisions governing mandated insurer, plan coverage and plan options, mandated scope of practice and offerings of coverage, and genetic information nondiscrimination, if the association has been in existence for at least 25 years. By Senator McNally and Representative Maddox. To read and track.

Dental coverage for Cover Kids (SB0743/HB0650) Adds dental coverage for children as a benefit to Cover Kids and makes parents of participating children eligible for coverage so long as family income is less than 250 percent of the federal poverty level. By Senator Jackson and Representative M. Turner. To read and track.

Dental care in the Cover Kids program (SB1194/HB0487) Includes dental care as a benefit under Cover Kids for rules governing the program on and after January 1, 2008. By Senator Black and Representative Montgomery. To read and track.

Infertility treatment coverage under health plans (SB1185/HB0755) Requires health insurers who provide pregnancy-related benefits to offer and make available coverage for infertility treatment. By Senator Black and Representative McDonald. To read and track SB1185

Reimbursement of prosthetic devices (SB2147/HB2145) Requires, after January 1, 2008, individual and group health insurance policies providing coverage on an expense-incurred basis, individual and group service contracts issued by a health maintenance organization, self-insured group policies and managed health care delivery entities of any type to offer or include coverage for prosthetic devices, when fitted and dispensed by a licensed practitioner within their scope of practice and by prescription. By Senator Kilby and Representative Niceley. To read and track SB2147.

Coverage for hearing aids for children (SB1605/HB1032) Requires certain health care insurers to offer as an optional benefit hearing aid coverage for children under 18. Allows health insurer to limit the benefit payable under this provision to $1,500 per hearing aid for each hearing impaired ear every 36 months. Exempts TennCare from these provisions. By Senator Norris and Representative J. DeBerry. To read and track SB1605

Home- and Community-Based Services and Institutional Care

Long-Term Care Identification and Assessment Act (SB0542/HB1832) - Creates a system for periodic independent assessments for seniors and people with disabilities. The legislation will identify individuals in institutions who want to transition into home- and community-based services as well as people who want to avoid being admitted into an institution for long-term care. This legislation is being actively supported by the Coalition. By Senator Jackson, Representatives Shepard and Hensley. To read and track SB0542.

To Read the Coalition's Summary of the Assessment Bill

Community Choices Act of 2007 (SB1145/HB1370) - Establishes a “money follows the person” procedure and other mechanisms for nursing home or community care for persons with Medicaid; authorizes nurses to delegate certain health maintenance activities. By Senator Crutchfield and Representative Kernell. To read and track SB1145.

HCBS Pilot (SB1157/HB941) - Authorizes the commission on aging and disability to develop a five-year home and community-based care pilot project for a project that fosters independence for disabled persons needing long-term supports and services and their families. By Senator Black, Representative Maggart and others.  To read and track SB1157.

Assisted Living Facilities (SB1156/HB1349) Interpretation of assisted-care living facility resident. Prohibits the interpretation of "assisted-care living facility resident" from being used to deny an eligible resident placement through a federal home and Community-based services waiver so long as such placement is consistent with a personal safety plan and an individual care plan. By Senator Black and Representative Overbey. To read and track.

Nursing Home Care (SB2071/HB1901) Personal needs allowance. Raises personal needs allowance for people under long-term nursing home care from $40 to $50 a month. Requires the department of health to develop recommendations to protect nursing home residents from vendors and others who would seek to provide inappropriate or unneeded goods and services and report back to certain members of the general assembly by the second Tuesday in January 2008. By Senator Flinn and Representative Marrerro. To read and track.

Miscellaneous

Revises requirements concerning wheeled mobility devices. (SB0251/HB0063) Requires all home care organizations providing prescribed wheeled mobility devices to have on staff, or contract with, a "qualified rehabilitation professional." Requires the organization to have a repair service station in TN. Declares that TennCare will reimburse for wheeled mobility devices at least equal to that allowed under Medicare. By Senator Haynes and Representative Mike Turner. To read and track SB0251

Definition of wheeled mobility device (SB1150/HB1288) Adds certain Medicare wheelchair base codes to list of exemptions from the definition of "wheeled mobility device" for regulation of health and related facilities. By Senator Black and Representative Mike Turner. To read and track.

Blind Vendor Set-Aside Cuts (SB1166/HB0958) Relative to giving priority to blind individuals for the operation of vending facilities on public properties. Revision exempts local jails, prisons and workhouses from this requirement. It will reduce by $240,000 annually, the Blind Vendor Set-Aside. By Senator Black and Representative Maggart. To read and track.

Handicapped Placard Requirements Revised (SB2029/HB1729) - Exempts persons with a permanent disability from furnishing a physician's statement upon renewal of a handicapped placard or tag. By Senator J. Johnson and Representative P. Johnson.  To read and track.

Mental Health Training for Law Enforcement (SB1701/HB2079) - Requires all police officers and highway patrol officers be provided training on proper response to persons with mental illnesses. Also requires the POST commission's curriculum to include such training. By Senator Herron and Representative Maddox. To read and track.

Waiver for services for traumatic brain injury patients (SB1948/HB1503) Requires the commissioner of finance and administration in consultation with the commissioner of health and the traumatic brain injury advisory council to develop a waiver proposal for services for persons with acquired brain injury to the federal department of health and human services. Requires waiver to be submitted to the department of health and human services by April 15, 2008. By Senator Crowe and Representative Vaughn. To read and track SB1948.

Voting

Voters with Disabilities (SB0494, HB0419) - Revises statutory language and redefines a person with a disability to reflect ADA language. To read and track SB0494.

Voting by Absentee Ballot (SB0012, HB0017) - Allows any registered Tennessee voter to vote absentee. By Senator Jackson and Representative Shepard. To read and track SB0012.

Extends early voting period for state elections (SB0018/HB0016) Extends early voting period for state elections by seven days. By Senator Jackson and Representative Shepard. To read and track SB0018

Photo ID Requirement (HB0670/SB0512) This bill also revises the acceptable evidence of identification so that voters would only be authorized to use forms of identification that include a photograph of the voter, such as a Tennessee driver license, a valid identification card issued by a branch, department, agency, or entity of the state of Tennessee, any other state, or the United States authorized to issue personal identification, provided that the identification card contains a photograph of the voter; a valid United States passport; or military identification.

If the voter does not have acceptable photo identification, then they can complete a provisional ballot. If the voter is unable to afford a valid photo identification license, such identification would be issued for free to the voter upon the voter's signing a pauper's oath. By Senator Tracy and Representative Swafford. To read and track.

The Coalition does not necessarily endorse or oppose legislation appearing on this page.

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