2010 Legislative Session

This is a partial listing of disability-related bills.

Adult Care Home Providers and Ventilator Residents - Requires Level 2 adult care homes providing services to residents on a ventilator to have - instead of a respiratory therapist - a current professional licence or employ a resident manager with a current license as a rehabilitation professional, mental health professional or other previously specificed liecense. HB 3813 by L. Deberry / SB 3853 by Kyle.

Arrest of Defendants with Mental Illness - Requires that any defendant arrested for any offense against a person and who has a severe and persistent mental illness be held in custody for at least 12 hours from the time of such defendant's arrest if the defendant is a threat to the alleged victim.  HB 3691 by Coleman / SB 3439 by Tracy.

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. 

Competing Autism Coverage Bill - This plan would extend the age of coverage to 16 and provide for behavioral coverage up to $50,000 a year.  HOWEVER, it would reducing the number of plans that had to provide coverage as well as shrink the definition of Autism Spectrum Disorder for purposes of coverage.  Senate Bill 3095 by E. Stewart and House Bill 3117 by Matheny.

Child Custody and Parents with an Addiction - Specifies that when a court is determining the best interest of a child for purposes of custody, visitation, or a residential schedule of a child, the court is to consider whether a parent has a diagnosable addiction unlikely to change within a reasonable time that would make the parent or caregiver unable to provide acceptable care for the child.  HB 2658 by Favors / SB 2568 by Marrero.

Child Safety and Helmets - Establishes an offense for any parents or legal guardian of a person under 18 that permits a child to operate or be a passenger on an off-highway motor vehicle without an appropriate helmet.  House Bill 0036 by Hardaway and Senate Bill 1350 by Tate.

Children and Head Lice - Requires the policies and rules of the department of health excluding children from school for head lice to be consistent with the recommendations of the federal centers for disease control.  HB 3210 by Casada / SB 2927 by Johnson.

Dental Services by Health Departments - Clarifies that the language "to the extent possible within budget limitations" does not relieve rural or metro health departments with dental staffs and clinical facilities of the obligation to occasionally provide care to adult indigent patients for relief of pain, infection, or proper emergency services. See the state page for new details.  HB 1871 by B. Ramsey / SB 0806 by Overbey.

Family Intervention When Adult Abused or Neglected - Establishes that family members may obtain court orders to intervene when a relative adult is being intentionally abused, neglected or exploited.  Allows court to grant motion and take other steps including an order of protection.  HB 2778 by Hackworth / SB 2832 by Berke. 

House Amendment - specifies that provisions of the bill do not apply to certain adults under the care of the Division of Intellectual Disability Services.

Hancock County Home Care Organization - Permits the county to operate a licensed home care organization at any location within the state.  HB 2790 by Harrison / SB 2694 by Faulk.

Health Insurance & Failure to Make Prescription Payments - Gives the Commissioner of the Department of Health the authority to charge a reasonable fee to any person issuing an insurance policy that fails to make payments for medications that the FDA has not approved for a certain drug as an indicated treatment.  HB 3921 by Shepard and SB 3806 by J. Johnson.

Health Insurance Grievance and External Review Act - Provides standards for procedures by health carriers to assure that covered persons and health care providers have the opportunity for the resolution of grievances (47 pages).  House Bill 3940 by Sargent and Senate Bill 2806 by J. Johnson. 

Hearing Aid Coverage - This bill requires that each individual and group 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.

Home Health Companies and Waivers - Requires home health companies to obtain a waiver from the client or the client's attorney to be able to perform the adult daily living requirements that are necessary to keep the client in the client's home, including medication assistance. Requires the home health company to keep a list of the medications for which assistance is provided in the client's file. Also requires home health agencies to be properly bonded and insured and requires such agencies to do background checks on employees who assist clients in their homes. Requires home health companies to provide assistance with medication to clients. Requires background checks of employeesPro, recordkeeping, and waiver. House Bilil 2337 by Winningham and Senate Bill 2071 by Burks.

Long-Term Care Community Choices Act Revision - Directs the commission on aging and disability to implement the Long-Term Care Choices Act of 2008. Requires the commission to report annually on such activities to the select oversight committee on long-term care. Broadly captioned.  Senate Bill 3209 by L. Finney and House Bill 3529 by Maddox.  

Licensed Marital and Family Therapist - Adds services within the lawsful scope of practice of a duly licensed marital and family therapist to the list of services that, when covereged in an insurance policy, must be reimbursed at a rate not to exceed the percentage of reimbursement provided for psychiatrists in the policy.  House Bill 2984 by Mumpower and Senate Bill 3579 by Ketron.

Microboards - Expands the scope of services for certain individuals who are eligible for medical assistance to include services provided by nonprofits created specifically to care for related individuals.  House Bill 2808 by McDonald and Senate Bill 2833 by Berke.

Missing Person Alert Program - Requires local law enforcement to implement an endangered missing persons alert program, whereby local law enforcementwill have set protocol to investigate reports of missing elderly, or mentally or physically disabled persons.  Senate Bill 2940 by Norris and House Bill 2993 by J. Deberry.

Missing Senior Alert Program - This bill revises present law by making the missing senior citizen alert program apply to all missing citizens who have an impaired mental condition as determined by a caregiver's statement and who are believed to be in danger because of age, health, mental or physical disability, in combination with environmental or weather conditions, or who are believed to be unable to return safely without assistance. House Bill 2941 by Hackworth and Senate Bill 2903 by McNally.

MHDD as State Opiod Treatment Authority - Enacts the "Opioid Treatment Authority Act of 2010." Designates the department of mental health and developmental disabilities as the state agency with the authority to license and regulate opioid treatment facilities. Requires all opioid treatment facilities licensed by the department to regularly submit report data to the department in order to ensure the delivery of the best possible care and treatment for Tennessee citizens. HB 3809 by Shepard / SB 3869 by Kyle.

Nurses and Medication Aides - Clarifies that a registered nurse or licensed practical nurse can work with medication aides. HB 3368 by Maggart / SB 3144 by Black.

Offenses by Special Education Students - Removes the requirement that a school resource officer shall only take a special education student into custody if a law enforcement agency and not a school official pay the officer.  SB 3583 by Ketron / HB 3161 by Curtiss.

Out of State Home Medical Equipment Services - Requires the board to adopt rules requiring out-of-state home medical equipment service providers to maintain an office within the state. HB 3439 by Harrison / SB 2718 by Overbey.  

Pre-screening Agents for Mental Health - Clarifies that regular employer, whether public or private, of an employee serving as a mandatory pre-screening agent as part of the mental health community-based screening process will not be held liable for civil damages arising out of actions while the employee is performing such duties.  HB 2687 by Harrison / SB 1294 by Crowe.

Private Duty Nursing Services - Makes private duty nursing services for certain quadriplegics a covered medical service under TennCare.  HB 3719 by Bass / SB 3478 by Jackson.

Release of Inmates from Mental Facility - Extends the court's time to set a hearing for a person involuntarily committed in a mental retardation facility who no longer meets the committal requirements from ten days to 45 days with the hearing held within 90 days instead of 21 days from receipt of notice. Specifies that if the court does not set a hearing within 60 days of receipt of not the inmate may be released. HB 3222 by Hawk / SB 3026 by Southerland.

Report on Scholarship Fund for Deaf Students - Requires an annual report every November 1st on the amount of money in the fund and expected for scholarships for students at the Tennessee School for the Deaf.  HB 3777 by M. Turner / SB 3357 by Kyle. 

Residential Homes for the Aged - Adds Campbell and Union Counties to the list of participating counties in the residential home for the aged program. HB 2520 by Faulkner / SB 2623 by Faulk.

Removes References to "Mental Retardation" - Changes references in certain titles of the TN Code from "mental retardation" to "intellectual disability."  HB 3139 by H. Brooks / SB 3338 by Henry.

Revises Language Relative to Persons with Disabilities - Deletes language such as "idiot, lunatic, person of unsound mind" throughout the code and replaces it with "persons found disabled."  HB 2846 by Harwell / SB 2798 by Henry. 

Service Animals and Fish Tanks in Barber Shops - Allows service animals and fish tanks in barber shops. AMENDMENT: House Public Health and Family Assistance Subcommittee amendment 1 prohibits animals to be in barber shops except for service animals and fish tanks for decorative purposes.  HB 2823 by T. Cobb / SB 2843 by E. Stewart.

Sliding Scale Co-Pay Option for TennCare - Requires Bureau of TennCare to establish a co-pay plan based upon a sliding scale for TennCare standard enrollees. Requires such plan to provide for 12 annual visits to a primary care physician before having to meet the co-pay requirement. Broadly captioned.  HB 2707 by Rich / SB 2997 by Gresham.

Special Education Students & Locked Isolation Rooms - Allows the use of locked isolation rooms and physical restraints upon a student receiving special education to protect faculty, staff, or other pupils from harm. Prevents school resource officers from taking a special education student into custody.  House Bill 2538 by Casada and Senate Bill 2517 by Johnson.  The Coalition opposes in its current form and is working with sponsors to address the bill.

Task Force on Residental and Day Provider Regulations - Creates 11-person task force to review the regulations of the residential and day provider agencies contracted by the TN Division of Intellectual Disabilities Services and make recommendations with regard to relieving expensive and unnecessary regulations on such providers by January 11, 2011. House Bill 2987 by H. Brooks and Senate Bill 3514 by Yager.

TCAP as Percentage of Final Grade - Requires that a student's TCAP test score comprise 20 percent of the student's final grade for the subject to which the test corresponds.  SB 3427 by L. Finney / HB 3545 by Maddox.

TN Colon Cancer Screening Program Act - Creates a program to provide colon cancer screening for uninsured individuals who are ages 50 to 64 and other uninsured individuals determined to be at high risk for developing colon cancer. Allows private contractors to provide such services and authorizes the program to provide referral services for individuals who are determined to need further examination. Requires the department to establish a data collection system and the commissioner to appoint a colon cancer screening advisory committee to aid in the program's implementation.  SB 508 by Burchett / HB 396 by Fincher.