2009 Legislative Session
Tracking Legislation
As a service to our readers we provide this page as a means of quickly tracking major disability-related bills and as the new site gets up and running we will add new bills each week. To track a bill, just click its bill number and you will be linked to the state's web page for the bill. To search for other legislation visit: http://www.capitol.tn.gov/
New Laws
Each of the bills below have passed both chambers and been signed into law by the Governor or sent to him for signing.
Open Doors Home Health Care Act - This bill specifies that home health care services provided in the recipient's home and should also follow the recipient into the community for the purposes of providing services during routine activities of daily living such as outpatient medical appointments, school and other educational functions, employment and volunteer opportunities, and church and religious services. Senate Bill 851 by Black and House Bill 1114 by Shepard. This is a Coalition-sponsored bill.
Adult Care Home Act - Establishes regulations for adult care homes which are defined as single family homes in which 24-hour residential care is provided to no more than five elderly or disabled adults. Requires such establishments to register with the department of health and meet specified licensing requirements. SB 2275 by Kyle and HB 2282 by Curtiss.
Background Checks and Health Care Facilities - As introduced, requires criminal background checks to be conducted for direct care employees "prior to employment" instead of "prior to employment or within seven days of employment." Senate Bill 277 by Haynes and House Bill 93 by Moore.
Certified Medication Technicians - As amended creates a category of licensure as a certified medication aide for individuals who can administer certain medications under the general supervision of a licensed nurse at a nursing home or assisted living facility. Senate Bill 0009 by Black and House Bill 1607 by Maggart.
Department of Aging Act of 2009 - Creates a joint committee to study the creating of a new Department of Aging and Adult Services that is tasked with producing a report by February 1, 2010. SB 1171 by L. Finney and HB 1410 by Ferguson.
Division of Mental Retardation Services & Legislative Language - This bill renames DMRS to the Division of Intellectual Disability Services (DIDS). It also removes from present law some references to antiquated terminology such as "idiot" or "lunatic" in favor of "person found to be incompetent." SB 1121 by Yager and HB 1275 by Ferguson.
Fulfill the Promise – Expresses support for people with developmental disabilities having access to home- and community-based services provided through a single distinct entity in state government. Senate Joint Resolution 0072 by Senator Tracy and House Joint Resolution 139 by Representative Curtiss.
ICF/MRs – As amended this bill requires the Division of Mental Retardation Services to do everything possible to provide referrels for new ICF/MR beds. The Division must demonstrate commitment in assisting providers in locating referrels by obtaining a written statement from the conservator of every eligible service recipient indicating that they have been fully informed of the ICF/MR facilities and the specialized services they provided. Senate Bill 416 by Bo Watson and House Bill 1674 by Ferguson. The Coalition opposes the state's reliance upon institutional ICF/MR facilities.
Judicial Exemption from 4-Bed Limit - Exempts facilities that house persons on a temporary or transitional basis or through a specialized court program addressing the needs of individuals both in court custody and dually diagnosed with a developmental disability and mental illness from licensure requirements. Senate Bill 2201 by Marrero and House Bill 2344 by S. Jones.
Psychotropic Medications in Schools - Instructs the State Board of Education to review policies on school personnel recommending psychotropic drugs such as Ritalin to treat elementary and secondary school students and then report its findings and recommendations to the Select Oversight Committee on Education. Senate Bill 1121 by Yager and House Bill 1275 by Ferguson.
Registry of Adult Predators - Revises certain requirements concerning the registry of persons who have abused, neglected, or exploited the property of vulnerable adults. Senate Bill 2295 by Kyle and House Bill 2286 by Hackworth.
Reports of Abuse or Neglect of Adults - Specifies that the division of mental retardation services of the department of finance and administration is not required to report to the department of human services any allegations of abuse, neglect or exploitation involving any person in any of the institutions operated by the division. Specifies that such allegations will be investigated by investigators within the division itself. Senate Bill 2296 by Senator Kyle and House Bill 2254 by Yokley.
Senior Alert - Inspired by the Amber Alert program, this law creates a missing senior citizen alert program to be coordinated by local law enfocement agencies. For purposes of the law a "missing senior citizen" is defined as someone 1) whose wherabouts are unknown, 2) who is 60 or older and has an imparied mental condition and 3) is believed to be in danager or unable to return home safely without assistance. Senate Bill 532 and House Bill 346 by Senator McNally and Representative Hackworth.
TennCare Crossover Claims - Requires TennCare to reimbusre crossover claims for full benefit dual eligibles at 100% of the Medicare allowable charge for pharmacy services. Senate Bill 1965 by Johnson and House Bill 1732 by Hackworth.
Bills that Were Defeated on a Vote
Adult Helmet Law - Exempts persons 21 years of age and older from requirement that persons riding a motorcycle must wear a helmet. Senate Bill 1506 by Burchett and House Bill 1511 by Todd.
Nursing Home Profit Protection Act (aka Tort Reform) - Limits the legal liability of nursing homes in cases of abuse and neglect thus reducing incentives to improve quality of care. Senate Bill 2160 by Tracy and House Bill 2243 by Lundberg.
Bills That Stalled or Were Deferred to 2010
Adult Day Facilities for Persons with a Developmental Disability - Exempts certain adult day habilitation facilities providing services to developmentally disabled adults from individual program plan and medical care requirements. Senate Bill 2013 by Senator J. Johnson and House Bill 1821 by Representative Casada.
Adult Day Facilities Providing Services to a Person with MR- Exempts from licensure by the department of mental health and developmental disabilities any facilities operated by nonprofit entities providing educational services for persons over 18 with mental retardation and that do not receive any governmental funds for providing such services. SB 1226 by Bunch and HB 702 by K. Brooks.
Autism Health Care Coverage - In 2006 the Coalition helped pass the Autism Equity Act, legislation that helped "open the door" to coverage of Autism Spectrum Disorders. Today there is a new bill that takes Autism Equity one step further by requiring health insurers to provide sufficient levels of coverage to meet the needs of children for speach, occupational, behavioral and other therapies. Senate Bill 1789 by Herron and House Bill 2105 by Shepard.
Bus Transit Time to School - Changes the maximum time allowed for students in transit to or from school to no more than one hour each way. Senate Bill 1957 by Senator Burchett and House Bill 1682 by Representative H. Brooks.
Capping Liability at Certain MR Facilities - Limits the legal liability of certain facilities that contract with the Division of Mental Retardation Services or the TennCare bureau. People with mental retardation should have the same legal protections as anyone else. Senate Bill 420 by Bunch and House Bill 1693 by E. Watson. The Coalition opposes.
Colon Cancer Screening Program Act - Requires the department of health to develop and implement a program to provide colorectal cancer screenings for uninsured individuals between ages 50 and 64 and for any other uninsured individuals determined to be at high risk for developing colon cancer; requires health insurance companies to cover colorectal cancer screenings. Senate Bill 508 by Burchett and House Bill 396 by Fincher.
Continuity of Care for Prescriptions – Prohibits a health insurance policy or health care service plan contract that covers prescription drugs from limiting, reducing, or denying coverage for any drug if, prior to the limitation, reduction, or denial of coverage of the following occur: the insured was using the drug; the insured was covered under the policy or contract; and the drug was covered under the policy or contract. Senate Bill 669 by Norris and House Bill 1548 by Fitzhugh
Hearing Aid Coverage - This bill requires that each individual and group and blanket health insurance contract, including each policy or contract issued by a hospital or medical service contract, that is delivered, issued for delivery, or renewed in this state provide coverage of up to $1,000 per individual hearing aid, per ear, every three years, for children less than 24 years of age, covered as a dependent by the policy holder. Senate Bill 160 by Ketron and House Bill 636 by Maggart.
ICF/MR Expansion – Extends the deadline for increasing the maximum number of beds in certain ICF/MR facilities. If the bill above passes, then the state will have more time to institutionalize new individuals with mental retardation. Senate Bill 1696 by Southerland and House Bill 928 by Hawk The Coalition opposes.
Hope Scholarships for 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 Tennessee HOPE scholarship, if because of the disability, the student can only attend an eligible postsecondary institution part-time. Senate Bill 311 by Senator E. Stewart and House Bill 474 by Representative Harmon.
Occupational Diploma for Students with Disabilities - This bill requires the board to adopt an occupational diploma for students with disabilities. This diploma will be in addition to the full diploma, certificate of attendance and special education diploma provided for under present law. The board would set the requirements for obtaining an occupational diploma, but a student would not be required to pass the TCAP tests in order to receive an occupational diploma. Senate Bill 2126 by Senator Tate and House Bill 2072 by J. DeBerry.
TennCare, Orthotic and Prosthetic Services (SB0526/HB0354) – Requires TennCare to reimburse providers of orthotic and prosthetic services at a rate of 100 percent of Medicare allowable costs for certain TennCare enrollees. Senate Bill 526 by Senator McNally and House Bill 354 by Representative Hackworth.
Pneumococcal conjugate vaccine – Requires children under the age of 24 months enrolled or enrolling in a child care facility to receive the pneumococcal conjugate vaccine. Senate Bill 0004 by McNally and House Bill 247 by Lynn.
Rule making and approval from general assembly - Requires approval of the general assembly before a permanent rule becomes effective and repeals provisions authorizing emergency and public necessity rules. Senate Bill 198 by Senator Bunch and House Bill 425 by Bell.
Youth Helmet Law Amendment – Establishes an offense for any parent or legal guardian of a person under 18 years of age who permit that youth to operate or be a passenger on an off-highway motor vehicle without an appropriate helmet. Senate Bill 1350 by Tate and House Bill 36 by Hardaway.
Other Legislative Issues
Family Support Program - The state passed a budget that paves the way for the Family Support Program to be phased out by late 2010. This would be devastating to families that have come to rely upon the assistance provided by the program.
It is truly one of the few, perhaps only, true cross-disability support program available in the state and the only program available to persons with a developmental disabiltiy other than mental retardation (intellectual disability).
The Coalition encourages Tennesseans to contact their legislators between now and the Spring 2010 session and ask them to "Stop the Cuts" to the Family Support Program by restoring recurring funds to the program next year.
