While the General Assembly scrambles to adjourn by their self-imposed (court-imposed?) deadline of April 17th, things are winding down for us advocates. Most bills are eyeing their final destinations for the year, with some being passed, others failing and yet others just waiting till next year. We’re not quite done, but we’re doing a bit of all of it (besides failing). Hang in there; they go home soon. Onward!
- HB712/SB1178 - Freedom for Family Care Act – (aka Paid Family Caregiving: Part 1) this bill would prohibit TennCare from developing or implementing policies that discriminate against family caregivers in the provider-based employment
- We’re just awaiting the Gov’s signature on this one – then it gets its public chapter number and is officially codified
- As we wait, it’s worth turning our eyes towards “what’s next” for paid family caregiving
- This bill codifies the permission, how do we want to build upon that to make this thing actually work for families
- We’ll spend the next 8 months doing just that
- Next up:
- The code
- We’re just awaiting the Gov’s signature on this one – then it gets its public chapter number and is officially codified
- HB711/SB706 – TennCare Network Reporting Reform – this bill would require TennCare to collect and publish data about percent service utilization, appointment wait times and time between approval for a service and start of the service, broken down by county and waiver program
- We’re off notice on this one, meaning it can’t be reconsidered by the GA until it is reintroduced next year
- It remains an important bill, but we’ll have to either retool to reduce the fiscal note, or build enough support to get it funded
- Next up:
- 2025
- We’re off notice on this one, meaning it can’t be reconsidered by the GA until it is reintroduced next year
- HB1158/SB1053 – Katie Beckett Part A Wraparound Improvement Act – this bill would permit Part A families to utilize HCBS wraparound services funds using an HRA, similar to that in Katie Beckett Part B
- This one is officially “behind the budget”, which was expected
- “Behind the budget” means that a bill has a fiscal note that will need to be accounted for by appropriating the correct amount of funds to implement the bill in the final General Assembly budget
- The behind part means that they will first determine what is and is not in this year’s budget, and once they have that all figured out, they’ll go back and “pass” those lucky funded bills through the Finance committees
- I wish I had some more for the GRASSROOTS to do, but the cards have mostly been played here
- The bill (and necessary funding) is “on the radar” of Finance leadership
- We’ve made the case throughout the committees
- We’ve made TennCare eat it
- But now we wait (and hope)
- We’ll likely find out whether this one will come out from “behind the budget” to be funded this coming week
- Or perhaps the next, if they can’t meet their April 17th adjournment deadline
- Next up:
- Hopefully the budget
- This one is officially “behind the budget”, which was expected
- HB793/SB836 – Plyler Challenge Bill – this bill would allow public schools in Tennessee to refuse to enroll undocumented immigrant students unless they pay tuition
- This one is through the Senate in its amended form
- The final version (on the Senate side, the House side is still working on it) requires schools to verify immigration status before enrolling and makes it the choice of the district to refuse to enroll undocumented students without charging tuition
- So, mandatory status checks, permissive enrollment refusal and/or tuition charge
- The final version (on the Senate side, the House side is still working on it) requires schools to verify immigration status before enrolling and makes it the choice of the district to refuse to enroll undocumented students without charging tuition
- I’ve been over it and over it, but this bill has so many problems and holes that it can’t reasonably be implemented without substantial administrative oversight (and lawsuits)
- But again, that’s not the point
- The point is to facilitate a General Assembly field trip to DC to grandstand in front of the Supreme Court while the Justices decide whether or not to overturn the 1982 Plyler decision
- This is not a good reason to make policy, and it’s not a good way to make policy
- Because there are real people that would be impacted by this law – for them, it isn’t about the Plyler precedent
- It’s about ensuring that their child has every opportunity in the world to be educated and succeed in this world
- Because there are real people that would be impacted by this law – for them, it isn’t about the Plyler precedent
- But again, that’s not the point
- The bill was VERY close in House Government Operations, passing on an 8-7 line
- I’ve heard the vote is going to be similarly close on the House floor, where it is headed after Finance
- And to note, the fiscal note, which estimates how much a bill would cost the state to implement, is “undetermined”
- Noting that it threatens access to federal funds (because it would violate the conditions of those funds)
- Not only are they gambling with court decision-making, not only are they gambling with the education of immigrant children, they’re also also gambling with EVERYBODY’S education dollars
- Again, foolish
- Next up:
- This one is through the Senate in its amended form
- HB1314/SB1298 – Threats of Mass Violence Expansion – this bill would expand the types of facilities that would be subject to the enhanced felony penalty for a threat of mass violence
- This one passed House Finance this week and is set for the House floor this coming week
- And is set for Senate Finance this coming week as well
- It does have a fiscal note for “incarceration”, estimating that 62 Tennesseans per year will be charged with a felony and locked up under this law
- But honestly, I’m not seeing much in the way that would potentially stop this one
- It addresses a real problem – people should not live life under the threat of a bombing or mass shooting – but does so in an extremely after-the-fact punitive manner
- But it still does not address concerns about the related school-based version of this law
- Which is still disproportionately sweeping up kids with disabilities for consideration of a felony charge
- And this bill will likely do the same
- Which is still disproportionately sweeping up kids with disabilities for consideration of a felony charge
- The bill also creates overlapping, unaligned (at best; contradictory at worst) laws regarding these threats
- The bar is much higher for investigation/arrest for this law than it is for children at their school to be charged
- Which seems pretty backwards to me
- The bar is much higher for investigation/arrest for this law than it is for children at their school to be charged
- Next up:
- This one passed House Finance this week and is set for the House floor this coming week
Other stuff:
- HB910/SB861 – Human Rights Commission Dissolution – this bill would transfer the responsibilities of the Tennessee Human Rights Commission (HRC) to the state Attorney General’s office
- Haven’t touched on this icky one yet, but this is a Very Bad Bill (VBB)
- Background: the Tennessee Human Rights Commission was established in 1963 to advise people on their rights
- It has evolved into the primary arbiter of civil rights complaints in the state
- This includes housing discrimination, employment discrimination, etc.
- And is one of the top enforcement mechanisms in the state of federal civil rights law (like the Civil Rights Act of 1958, ADA, Fair Housing Act, etc.)
- It has evolved into the primary arbiter of civil rights complaints in the state
- This bill dissolves the HRC and gives their enforcement power to the Attorney General’s office
- (when he isn’t busy in DC challenging Supreme Court precedent)
- Transferring this vital authority from a commission independent of the state to the AG’s office (an arm of the state) is effectively letting the fox run the hen house
- Suddenly, the state’s interest plays a role in the determination of these discrimination complaints
- But this isn’t the only concern – the bill vacates the over 1,000 standing discrimination complaints currently on the books being investigated by the HRC
- This means that anybody who has had their rights violated (or believes they have) will need to refile those complaints entirely
- Will some? Yes. Will everybody? No. This doesn’t mean those rights weren’t violated
- This means that anybody who has had their rights violated (or believes they have) will need to refile those complaints entirely
- Ultimately, there is no reason for this bill other than to consolidate state power over its citizens, and to cut off long-standing avenues for complaint and redress
- And, of course, people will suffer the result
- The bill is on a speed run to the TCA (because leadership wants it)
- And is unlikely to be significantly moved by advocacy
- Next up:
- Other other stuff
- House Subcommittee Calendar
- Most, if not all, subcommittees have closed for the session
- House Committee Calendar
- Not yet published
- Senate Committee Calendar
- Big Net List 2025
- House Subcommittee Calendar
Federal Updates
- Ok, let’s start with something that we can definitively say is bonkers – Robert F Kennedy Jr., who has been tapped as Secretary for the Department of Health and Human Services, says he will find out the “cause” of autism by September
- To be clear, we don’t know the “cause” of Autism – some evidence points vaguely to genetics and “environmental factors”
- But most evidence points to “we don’t know for sure”
- And most evidence says that the “rise” of autism is related to better evaluation, more frequent evaluation and a broadening of the understanding of autism under the autism spectrum
- So, that is to say, I don’t think RFK Jr. is going to achieve his goal, and I think our understanding of autism, both medically and within the societal context, is not going to improve from this effort.
- To be clear, we don’t know the “cause” of Autism – some evidence points vaguely to genetics and “environmental factors”
- Also, tariffs are off! Or, sort of. President Trump announced a 90 day pause of his broader tariffs, offering some reprieve to the stock market and those of us who buy consumer goods
- While the reprieve is technically temporary, it also offers 3 months to industries, such as the medical equipment industries, to lobby for exceptions
- As I noted last week, lots of medical equipment is produced abroad and imported, setting the stage for higher prices for these vital goods
- Maybe a break and some reflection (and lobbying) can protect those who need these goods from those higher prices
- As I noted last week, lots of medical equipment is produced abroad and imported, setting the stage for higher prices for these vital goods
- While the reprieve is technically temporary, it also offers 3 months to industries, such as the medical equipment industries, to lobby for exceptions
- And finally, the worst news of all, the House passed their budget resolution, which formally included $880 billion in cuts to Medicaid
- There are still no details about how those will be implemented, but unless the Senate insists to the contrary, it’s happening
- Speculating, but these could look like: cuts to the federal matching rate, lowering the matching rate “floor”, work requirements, benefits cuts, eligibility changes (like eliminating Medicaid Expansion)
- KFF has a good reader on this – and a good contextualizer
- Nothing has happened yet – Medicaid remains – so it’s not time to panic
- But it’s time to mobilize, and time to plan and prepare
- But it’s time to mobilize, and time to plan and prepare
- There are still no details about how those will be implemented, but unless the Senate insists to the contrary, it’s happening
GRASSROOTS Update
- Nontraditional (for us, anyway), but there is an “Education for All” rally/protest being held on Monday in Nashville to protest the Plyler v Doe bill in the TN General Assembly
- I hear cool kids will be there, so if you’d like to go, here’s the link
- Send your legislator a nice card, or something
Media Update
- NY Times – this is a really interesting article, and I’m not sure how I feel about it yet, or even if I know enough to have an opinion on it. The NY Times highlights a new and burgeoning dementia care strategy that create fictional (artificial?) environments for those with dementia that simulate real life settings (like a town square, a diner, a theater, etc.). Some are skeptical, others note that something new is needed, and this, at least is new.
- The Daily Beast – the article itself isn’t super enlightening, but I wanted to highlight the concerning but growing resurgence of the use of the r-word as acceptable in public discourse. I thought we left this one back in 2000 with American Pie movies, but it’s back, and no less harmful. It’s worth calling out, if you get the chance.
- BBC – everybody needs pockets. Pockets are great for holding stuff, for sticking your hands in when they’re cold or for looping your thumbs in when you’re a cowboy (or girl!). So is advocacy, and this story is a lovely reminder that when you stand up for yourself (and others), good things can happen.
They say Thursday for adjournment, but I don’t think that’s happening. I’ll let you know next week in this little digest, dear reader. After that, I’ll wrap up the whole thing with some information, some reflection and a few gifs. Until then…