2008 Legislation

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Summaries of Disability Legislation

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Featured Legislation

Long-Term Care Community Choices Act (SB4181/ HB4144) - First proposed during the Governor's State of the State address, this legislation will be a key first step to revitalizing and rebalancing Tennessee's long-term care system, while improving access to home- and community-based services (HCBS) for seniors and persons with disabilities. Sponsored by Senator Kyle and Representative Ferguson. To read and track.

To get the scoop on the recently released bill, including talking points visit our News Blog.

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• Long-Term Care Act - The Basics
• Questions and Concerns Answered

• Graphical representation of the old and new system in PDF
• Text of the Long-Term Care Act in PDF
• Text of the Long-Term Care Act in MS Word

Education

Restraint and Seclusion (SB2609/HB2471) – This legislation sponsored by Rep. Sherry Jones and Sen. Diane Black has gone through a number of amendments. If passed, it will out outline types of seclusion and restraint that are prohibited as well as when they may be used. It grants authority for the Department of Education, in consultation with other Departments, to enact rules and regulations to implement the legislation. The amended version does not provide for training in positive behavioral supports. To read and track this bill.

Administration of anti-seizure medications in school (SB2798/HB3268)  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.

Mental health testing restrictions. (SB1959/HB1419) Subjects mental health testing to safeguarding restrictions. Requires written permission be given by a juvenile's guardian prior to testing. Allows for testing when required by a court or necessitated in connection with a disaster or an epidemic. Prohibits an LEA from using a parent's unwillingness to allow administration of a psychotropic medication as a reason for denying the child participation in school or related activities. AMENDMENT: Senate amendment 1 rewrites the bill. Requires written parental notification and consent for any student emotional screening. Senate amendment 2 further clarifies the conditions under which the types of screenings are permitted. By Senator Black and Representative Harwell. To read and track. Failed in the House

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 and Representative Maddox. Alert: this legislation has been amended to create a study group on the issue. To read and track. Appears stalled on the House side - may be sent to a house study group.

Services for persons with developmental disabilities - Fulfill the Promise Legislation - (SB2651/HB2569) Increases mandatory services provided to persons with disabilities and sets forth a planning process to implement increased evaluation and community-based services for persons with developmental disabilities other than mental retardation.

Requires the division of mental retardation services to serve 560 additional persons on the waiting list for family support programs beyond the number funded in the last fiscal year at $1785 per person. Requires the division to serve 100 more persons with developmental disabilities other than mental retardation than in the last fiscal year at $13,500 per person under personal support programs. Enumerates necessary aspects of the planning process and service plan. By Senator Tracy and Representative Curtiss. To read and track. Placed "behind the budget" for this year making passage unlikely.

For more information about the Fulfill the Promise Campaign.

Health Insurance

Health Insurance Coverage (SB1319/HB1726 as amended in the Senate) – Late last spring this proposed legislation was amended to exempt certain health insurance plans from large sections of the Tennessee code that regulate the health insurance industry. As a result these plans would not be required to include coverage under the Autism Equity Act as well as provide coverage for diabetes care, various cancer screenings and more. By Senator Stanley and Representative McCormick. To read and track. The Coalition Opposes this Legislation -- To learn more Stalled in 2008.

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. Did not move in 2008.

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 Did not move in 2008.

TennCare/SafetyNet Adult emergency dental services (SB2633/HB3294) Defines "adult emergency dental services" and expands scope of the health care safety net for the uninsured to include such services. By Senator McNally and Representative Vaughn. To read and track.

Claire's Law: Hearing screening for newborns - Insurance Coverage (SB3191/HB2753) Requires that all newborns be screened for hearing loss prior to hospital discharge or be referred to the health department. Mandates that children who do not pass screening be referred to TN Early Intervention System. Requires specified insurance policies to cover the screenings. By Senator Harper and Representative Pruitt. To read and track. PASSED

Health Care - Other

Waiver 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. Did not move in 2008.

Dental services provided at free health clinics (SB2698/HB3127) Authorizes a free health clinic to charge for dental services based on a sliding fee schedule approved by the commissioner of health. Fee must be nominal or less than the commercial market rates as assessed by the commissioner. Clarifies that the dentist and the clinic are protected from liability as long as the clinic is charging according to the fee schedule. By Senator Raymond Finney and Representative Montgomery. To read and track. Never assigned to a House Committee.

Traumatic Brain Injury Fund (SB3810/HB3512) - Imposes additional fine of $25.00 to be deposited in the brain injury fund by drivers who engage in drag racing. By Senator Marerro and Rep. U. Jones.To read and track.

TennCare and Durable Medical Equipment (SB2887/2519) - Revises the definition of durable medical equipment currently included in rules and regulations promulgated by the bureau to delete the requirement in such definition that such equipment is appropriate for and used in the patient's home. By Senator Haynes and Representative Mike Turner. To read and track. Essentially stalled in 2008

Accrediting of home medical equipment providers (SB2904/HB2945) - This bill changes present law by removing the reference to the joint commission on accreditation of health care organizations and specifying that any home medical equipment provider who is accredited by any home care accrediting organization recognized by the health care financing administration is presumed to comply with the board's requirements for licensure. By Senator Stanley and Representative Lynn. To read and track. Never moved in Senate General Welfare.

Home- and Community-Based Services & Related

Long-Term Care Identification and Assessment Act (SB3267) - 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 Johnson and Henry. To read and track SB3267. Was not pushed due to introduction of Governor's Long-Term Care 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. Did not move in 2008.

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.

Ready, Willing and Waiting - Reducing DRMS Waiting List (SB3126/HB3297) Requires certain home and community based services to be made available to persons on the waiting list for mental retardation services by means of a federal waiver and state resources. In addition, the division of mental retardation services will implement a process that determines the specific needs of each person in hopes of expanding the availability of services relative to the principles outlined in the bill. This is the Arc of TN's Ready, Willing and Waiting Legislation. By Senator Burchett and Representative Vaughn. Sent to a study committee in the House, essentially stalling bill for 2008.

Public ICF/MRs and Certificates of Need (SB2782/3277) - The legislative summary on the state website provides an incorrect description of this bill. The actual bill would permit allow individuals on the wait list to move into newly approved ICF/MR beds rather than limiting those beds to individuals moving out of the older developmental centers. This would presumably lead to a net increase in institutionalization as well as be more costly than home- and community-based alternatives. By Senator Watson and Representative Maddox. To read and track. The Coalition and the Arc of Tennessee Oppose. Never put on a committee calendar for consideration.

Personal Assistant Med Administration (SB4205/HB4204) – Specifies that a person trained by the department of finance and administration, division of mental retardation services, to administer medications to individuals incapable of self-administration is not subject to the nursing licensure requirements if the person is providing personal support services to clients living in their own home or private residence pursuant to a contract or agreement under any Medicaid waiver or other program of the division of mental retardation services. To read and track. PASSED.

Assisted-Living Facilities and Hospice Care (SB2614/HB2729) - Permits a resident of an assisted-care living facility to receive hospice services and remain a resident of the facility. By Senator Black and Representative Favors. To read and track PASSED

Miscellaneous

Building Code Revision (SB1068/HB0211) – Requires certain buildings constructed to comply with the less-stringent accessibility requirements of the 2003 International Building Code. By Representative Brown. To read and track. Withdrawn in the House

Handgun permit eligibility for persons with mental illness (SB2688/HB3081) Allows an applicant who has voluntarily been committed to a mental institution to obtain a handgun carry permit after seven years following the date of release, providing the applicant has a certificate from a psychiatrist licensed in Tennessee stating that during those seven years the applicant exhibited no signs of mental illness and is not a danger to himself or society. By Senator Jackson and Representative McCord. To read and track. Never put on a committee calendar for consideration.

TN Disability Act (SB2969/HB2993) - Changes the language "handicap" to "disability" in the Tennessee Human Rights Act and in §§ 8-50-103 and 8-50-104 and designates §§ 8-50-103 and 8-50-104 as the "Tennessee Disability Act." By Senator Lowe Finney and Representative Overbey. To read and track. PASSED

Autism License Plates (SB2565/HB2627) - Authorizes issuance of new specialty earmarked plates to raise public awareness about autism; allocates 50 percent of funds derived from sale of such plates to Autism Society f America, East Tennessee Chapter, Autism Society of Middle Tennessee, and the Autism Solutions Center (West Tennessee). By Senator Woodson and Representative Overbey. To read and track.

Pedestrian defined to include persons using wheelchairs. (SB3396/HB2626) Adds people using any kind of wheelchair to the definition of "pedestrian" and allows use of such wheelchairs on highways having two to four lanes. By Senator Tate and Representative Hardaway. To read and track. Sent to summer study in the House.

Definition of pedestrian to include wheelchair users. (SB3688/HB3260) Redefines "pedestrian" to include as any person afoot or using a motorized or non-motorized wheelchair. By Senator Haynes and Representative Gilmore. To read and track. PASSED

Crohn's Disease Restroom Access Act (SB2695/HB2822) Requires a retail establishment that has a toilet facility for its employees to allow a customer to use such facilities during normal business hours if the toilet facility s safe and the customer requesting the use of the employee toilet facility suffers from an eligible medical condition or utilizes an ostomy device. Makes a violation of this chapter a class C misdemeanor punishable by a fine only of not more than $100. By Senator Jackson and Representative Shepard. To read and track. Withdrawn in the House.

Restroom Accessibility Act (SB1415/HB0122) Requires any place of business that is open to the general public for the sale of goods or services and has an employee toilet facility to allow a customer to use such facility during normal business hours if certain conditions are met. An amendment requires customer to provide proof of medical condition. By Senator Herron and Representative Lois DeBerry. To read and track.

Definition of disabled driver. (SB3297/HB2928) Revises definition of "disabled driver" for purposes of receiving a handicapped parking tag or placard to include persons with 20/200 vision with corrective lens in both functioning eyes. By Senator Stanley and Representative Kelsey. To read and track. PASSED

Requires governor appointees on certain non-profit boards. (SB3436/HB3631) Requires all non-profit organizations receiving more than $100,000 in state funds to have a member on the board appointed by the governor. Requires such member to serve for a term of at least four years. To read and track. Stalled in the Senate.

Waiving of registration fee for certain lobbyists. (SB3595/HB3753) Waives registration fee for certain lobbyists who receive as compensation for lobbying only reimbursement for actual out-of-pocket personal expenses who receive such reimbursement for more than ten days per year. To read and track.

Minors on off-highway vehicles without helmet. (SB3585/HB3193) Removes the exemption that allows minors to forego wearing a helmet when the minor is on the private property of a relative or legal guardian or commuting for the purpose of hunting and is in possession of a valid hunting license. By Senator Tate and Representative Hardaway. To read and track. Stalled in committees.

Assisted outpatient treatment. (HB1883/SB1269) Original bill amended to create a pilot project in East Tennessee to study "mandatory outpatient treatment" programs. Related to the criminal justice system. To read and track.

Nursing Homes

Nursing Home Patient/Profit Protection Act (SB4075/HB4053) - As originally drafted this bill would have severely limited the rights of nursing home patients who are injured while a resident. Opposition from AARP, Citizen Action, Trial Lawyers, the Coalition and others led to an amendment that would only create a legislative study committee to look into the costs of litigation for nursing homes. Sponsored by Senator Tracy and Rep. Rinks. To read and track.

Inspection of nursing homes by former employees (SB2889/HB2572) - Prohibits the department of health from assigning an individual to inspect a nursing home facility at which the individual has ever been employed or has ever worked at as a consultant. Requires full disclosure of such previous employment by individual prior to employment with the department of health. By Senator Haynes and Representative M. Turner. To read and track.

Nursing homes placed on probation (SB2779) - Limits sanction of probation imposed by the board for licensing health care facilities to nursing homes rather than any "facility" regulated by the board. Clarifies that "licensed nursing personnel" are those nurses licensed under Title 63, Chapter 6 for purposes of assessing type B civil penalties against nursing homes. By Senator Crowe. To read and track.

Notification of suspension of admissions to nursing homes (SB2888/HB2677) - Requires the commissioner of the department of health to provide at least 24 hours notice of any suspension of admissions to a nursing home to the members of the general assembly whose district is affected. Exempts situations in which the immediate protection of the health and safety of the residents requires otherwise. By Senator Haynes and Representative Mike Turner. To read and track.

Displacement of residents from a nursing home. (SB3268/HB3941) - Requires any nursing home implementing an involuntary transfer of a resident to notify the resident and a family member or legal representative of the resident in writing at least ten days before the transfer when possible. Requires that notification be given as soon as possible in a language and manner the resident or representative understands, and provides exceptions for the ten day time period when a disaster occurs, a medical emergency arises, or the transfer is agreed to in writing. Requires the department of health and long-term care ombudsman to be notified and meet with affected parties to discuss options. By Senator Henry. To read and track.

Voting

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. Never moved in 2007.

Voter Confidence Act (SB1363/HB1256) – Requires any voting system purchased to provide the ballot of record be a paper ballot marked by the voter with appropriate accommodation for persons with disabilities; requires such ballot to be available to voter to verify the vote; requires that secrecy of the voter's choice be maintained. By Senator Haynes and Representative Moore. Conceivably, this legislation may lead to the replacement of newer DRE’s in favor of optical scan voting systems. To read and track.

Voting Systems and Paper Trails (SB3609/HB4022) - Requires all new voting machines be either optical scan or if touch-screen devices, be equipped with a device that complies with the Americans with Disabilities Act that provides a paper trail that can be reviewed by the voter to insure the accountability of the vote. Requires such systems to maintain the secrecy of the voter's choices and the ballots produced shall be used in any recounts, contests, or random samplings for accuracy. By Representative Hardaway and Senator Tate. To read and track. Stalled in committees.

Establishment of vote centers. (SB0922/HB1918) Permits county election commissions to establish, in place of precinct polling places, vote centers that would allow registered voters in that county to vote at any center, regardless of the voter's precinct. AMENDMENT: House Elections Subcommittee amendment 1 changes the effective date to January 1, 2009. To read and track. Taken off notice in the House.

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

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