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2.23.24 TDC Weekly Public Policy Update

The Tennessee State Capitol building lit up at night and behind a set of ascending stairs

So, that wasn’t so bad – the supposed “worst week of the year” was just sort of a regular one (if not a tad busy). Maybe that is in part because a lot of top priority bills are still waiting their turns to hit their respective calendars. Or maybe it’s because Cordell Hull is thawing out from its cold war/middle school ethos (lol). But if all our elected official friends are still writing mean things in their slam books and feeling angsty, they’re gonna feel much better by next Wednesday, because that is DISABILITY DAY ON THE HILL!!! I hope you’re all RSVP’d, and if you haven’t called to make your appointments yet, now would be the time (see this humble little video on how to do that). I look forward to seeing everybody in person! If you see me at Fat Bottom the night before – let’s chat! Same for the big day at Cordell Hull – I live to talk this stuff! I’m pumped, I hope you are too!

 

2024 TDC Priority Bills

  • TennCare for Working Adults – this bill would create an option for working adults with disabilities to pay a premium to access TennCare services (like HCBS), while having income and assets above the current Medicaid eligibility threshold
  • Right to Repair pt. 2 – this bill would require suppliers of power and manual wheelchairs to offer twice-annual preventative maintenance and to repair malfunctions, and creates a pathway for independent repair persons to do some types of repair. 
    • Alright, so we got our text back from legal (check), put our heads together and approved (check), got it to the clerk before the Wednesday not deadline (not check)
      • Ok, so I was late with our final approval, so we won’t get to hear this one next week
        • But that’s ok, we’ve still got time (I think and hope)
    • Still a VGB, still on track
      • We’ll just have to wait a minute to get the GRASSROOTS going on this one
    • Next up:
      • The calendar (not next week but the week after)
  • TCA Placard Cleanup – this bill would update language related to disability placards found in the Tennessee Code that refers to people who use wheelchairs as “confined to a wheelchair”; this bill would modernize that language
  • Tennessee Disability and Aging Act – this bill establishes a new Department of Disability and Aging to serve the state’s population of Tennesseans living with disabilities
    • Here we go! This guy has been calendared in both the House and Senate for next week
      • And, lo and behold, on the big day!
        • (Wednesday/DDH/day in which our elected officials cower in fear at the just power of the TN disability community)
    • Check out this primer on the bill, and note the suggested amendments to the bill linked at the bottom
      • Remember, this is a HUGE deal – but, as Carol says, the devil is in the details
    • I don’t see a whole lot of opposition on this one – it’s an admin bill, it’s supported by the disability and aging communities and the fiscal note reads “not significant”
      • But let’s not rest on that assumption, it’s important that our legislators hear from the GRASSROOTS and know how we feel about it
    • Next up:

 

Other stuff:

  • Ok, I’ve got a bunch of other stuff today, not much of it good, but I want to get these guys on your radars
  • HB2497/SB2146 – IDD Residential CON – this bill would increase the allowable bed limit for a Certificate of Need (CON) for residential facilities that serve individuals with intellectual and developmental disabilities
    • An update from last week – it hasn’t been officially amended/posted to the GA website, but I’ve seen it, and it’s as bad as we’d feared
      • They are calling this a “pilot program”, but I have a feeling that if you build an actual structure/building to create such a “pilot project”, you intend for it to be a “permanent project” 
    • It’s an institution, y’all
    • But I hear that this one would not be able to overcome opposition from the disability community
    • Next up:
      • Watching for the official amendment
  • HB2468/SB2787 – The Voucher Bill – this bill would create a statewide private school voucher program 
    • Reminder: come for DDH, stay for the fun!
      • As a real reminder, these ones are headed for committee on the 27th and 28th 
        • And I say “these ones”, because there is already substantial disagreement over what a universal voucher program should look like
          • And thus, three proposals
            • One from the Gov, one in the House and one in the Senate
      • I’ll go into the details of the differences later, but just know that one is the devil we know, the other is larded up to the gills, and the last is the famous “reasonabilist” approach
    • Next up:
  • HB1886/SB2078 – TANF Work Exemption Changes – this bill would eliminate the TANF work exemption for caregivers with a disability
    • So, I’m very late to get this to you, because it’s already passed the Senate and headed to the House floor
      • But I want to explain anyway
    • So, in order to get TANF (Temporary Aid to Needy Families), your household must have one or more kids (or be expecting one), you must be poor (they’ve got a complicated income means test) and must work (or do “work activities) for 30 hours per week
      • This bill addresses that last one, the 30 hours part
      • There are several exemptions from the work requirement, including having a disability as primary caregiver or caring for somebody who does
        • And this wanted to do away with the former
          • If you qualify, you get like $200 per month 
          • And you can only get it for 60 months lifetime
    • In talking with DHS, they told me that they wanted to eliminate the work exemption or disabled caregivers because it also contained a provision for “temporary incapacitation”, which they say is a provision that is being abused/not applied consistently across the state
    • That said, they wanted to toss the baby out with the bathwater, because that provision also included “permanent disability”
      • Which is defined a couple ways, including receiving SSDI payments
    • We told them that the disability community often uses TANF as a last-ditch safety net before absolute impoverishment while they wait for their SSDI applications to be processed
    • So, they aren’t amending the bill, but they are changing their rules to include “in the process of applying for SSDI” to their work exemption criteria
      • So that safety net remains
        • But, unfortunately, out goes the “temporary incapacitation” 
          • Which is real – people do legitimately get temporarily incapacitated, including by menstrual cramps, you ghouls
    • But this was the best I thought we could do – they said that the “temporary incapacitation” was the #1 priority of this year’s DHS administrative package
      • And that they would not budge on that
    • So alas, the war on poor people continues, and it sweeps up all sorts of others (like those with disabilities) in its wake
      • But I hope retaining that safety net helps somebody out there
    • Next up:
  • HB2404/SB2349 and HB2166/SB1747 – Facilities for Kids in State Custody – these bills redefine which children in state custody are eligible for detention in a juvenile justice facility, and creates a mechanism by which a judge can render them detained based on “risk of harm”
    • So I’m too long on my update already to go too deep into this one just yet (I will, don’t worry, just later)
    • To sum it up, there are more kids with disabilities in state care, often because community supports for them don’t exist/aren’t available, which places extreme stress on their families
      • This bill would permit kids in state custody (disability or not) who have not been found liable for breaking the law, but are in a “condition of want or suffering”, to be placed in kid jail
        • Want or suffering would now mean kids without access to mental health care or substance abuse disorder treatment
        • And/or deemed to pose a risk of harm to self or others
    • Kid jail is no place for kids with disabilities, particularly those that have not broken the law
    • Next up:

 

Federal Update

  • Super short because this update is already super long:
  • The US Congress is in recess until 2/28, which means the House must continue to scramble to pass appropriations bills by March 8th to avoid a shutdown
    • Sigh…
      • So, of course, this means no proactive disability-related legislation gets any air

 

GRASSROOTS Update

  • T-minus 5 days until DDH – are you ready?
    • Have you RSVP’d?
    • Have you called to arrange your meetings?
    • Do you know what you want to talk about?
      • If not, that’s ok! I tell everyone that you only need to be an expert on yourself and your story
        • And then just ask them to support the disability community in the General Assembly
        • If you want to find something to talk specifically about, check out the Big Net Calendar to see a big list of things you might be interested in talking about
      • If you do, fantastic!
        • No need to be a policy expert with in-depth knowledge of the nuts and bolts
        • Just tell your story, talk about how a bill would help/hurt you, and ask them to do something about it
    • Do you have your party shoes on?
      • See you at Fat Bottom Brewing on the 27th!
      • Come find me and say “hello!” if you get the chance
    • See you there!

 

Media Highlights

  • WSMV – a youth wheelchair basketball team were denied service at a Murfreeesboro restaurant after their presence was deemed a “fire hazard”. That’s…. not how the ADA works – I have a feeling that restaurant might hear more about that shortly. Big ups to TDC member Empower Tennessee, local advocates and the kids for standing up for themselves!
  • WKMG – sigh, another one: a woman who is a double amputee was denied a “disability access pass” to Disney World, saying that she should use a wheelchair instead. Disney thankfully reversed their decision, but took some well-deserved heat in the meantime.
  • The Tennessean – This weekend, the Nashville Soccer Club (NSC) season begins anew! I am personally a huge fan, my family has season tickets and I won’t miss a game. That said, there are some questions: can the new faces in the midfield advance the ball (finally)? Are we getting 2022 or 2023 Hany? Can Shaffelburg and Surridge take a step forward? Can we make it 6 playoff appearances in 6 years in the MLS? Let’s go!

 

Phew, that’s a long one. But I suppose that makes sense – the GA is moving hard and fast, but we’re running right along with them. I’m pumped to see everyone next week at DDH (and Fat Bottom), so if you see me, please reach out say hello! And, as always, feel free to email me or call with questions, thoughts or feelings! See you soon!