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Tennessee Statutes, Title 71

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Tennessee/Statutes

← All Tennessee coverage

Title 71, Welfare

7 chapters · 610 sections in this title.

All chapters in Title 71610 Ch 5, Programs and Services for Poor Persons270 Ch 4, Programs and Services for Persons Wi…110 Ch 3, Programs and Services for Children94 Ch 1, Administration48 Ch 2, Programs and Services for Elderly Pe…46 Ch 6, Programs and Services for Abused Persons39 Ch 7, Tennessee Rare Disease Advisory Council3

110 sections·Filtered byTitle 71✕Ch 4✕

Tenn. Code Ann. § 71-4-101 Short title
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This part may be cited as the “Aid to the Blind Law.”
Tenn. Code Ann. § 71-4-102 Part definitions
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(1) As used in this part, unless the context otherwise requires:(1) “Assistance” means money payments made to or in behalf of blind persons in need, or medical care, or both, including hospitalization, outpatient care and treatment, nursing home care, drugs or any other type of r…
Tenn. Code Ann. § 71-4-103 Blindness defined
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(a) A person shall be considered “blind” for the purposes of this part whose vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential. (b) The department shall promulgate rules and regulations stating, in terms o…
Tenn. Code Ann. § 71-4-104 Eligibility for assistance
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(1) Assistance shall be granted under this part to any blind person who:(1) Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the state; provided, that temporary absence from the state, with subsequent r…

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Tenn. Code Ann. § 71-4-105 Determination of amount of assistance

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The amount of assistance that any person shall receive in the form of supplementary payments shall be determined by an application of 212 (a) of Pub. L. No. 93-66, and rules and regulations made by the department establishing standards of need and allowable resources to the recip…

Tenn. Code Ann. § 71-4-106 Duties of department

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(1) The department shall:(1) Supervise the administration of assistance to the needy blind under this part by the regional directors;(2) Make such rules and regulations and take such action as may be necessary or desirable for carrying out this part. All rules and regulations mad…

Tenn. Code Ann. § 71-4-107 Duties of regional directors

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The regional directors shall administer this part in the counties of their regions, subject to the rules and regulations prescribed by the department, and shall report to the department at such times and in such manner as it may direct.

Tenn. Code Ann. § 71-4-108 Appeal to department

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(a) If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it. (b) The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportu…

Tenn. Code Ann. § 71-4-109 Finality of department decisions

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All decisions of the department shall be final and shall be binding upon the county involved and shall be complied with by the regional director or a designated agent.

Tenn. Code Ann. § 71-4-110 Reinvestigation of awards

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(a) (1) All assistance grants in the form of money payments made under this part shall be reconsidered by the regional director or a designated agent as frequently as may be required by the rules of the department.(2) After such further investigation as the regional director or a…

Tenn. Code Ann. § 71-4-1101 Short title

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This part may be cited as the “Aid to the Disabled Act.”

Tenn. Code Ann. § 71-4-1102 Part definitions

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(1) As used in this part, unless the context otherwise requires:(1) “Assistance” means money payments made to or in behalf of totally disabled persons in need, or medical care, or both, including hospitalization, outpatient care and treatment, nursing home care, drugs or any othe…

Tenn. Code Ann. § 71-4-1103 Eligibility for assistance

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(1) Assistance shall be granted under this part to any permanently and totally disabled person who:(1) Is eighteen (18) years of age or older;(2) Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the sta…

Tenn. Code Ann. § 71-4-1104 Amount of assistance

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The amount of assistance that any person shall receive in the form of supplementary payments shall be determined by an application of § 212(a) of Pub. L. No. 93-66, and rules and regulations made by the department establishing standards of need and allowable resources to the reci…

Tenn. Code Ann. § 71-4-1105 Duties of department

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(1) The department shall:(1) Supervise the administration of assistance to the permanently and totally disabled under this part;(2) Make such rules and regulations and take such action as may be necessary or desirable for carrying out this part to the end that equitable treatment…

Tenn. Code Ann. § 71-4-1106 Duties of regional directors

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The regional directors shall administer this part in the counties of their regions, subject to the rules and regulations prescribed by the department pursuant to this part, and shall report to the department at such times and in such manner as the department may direct.

Tenn. Code Ann. § 71-4-1107 Appeal to department

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(a) If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it. (b) The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportu…

Tenn. Code Ann. § 71-4-1108 Reconsideration of awards

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(a) All assistance grants in the form of money payments made under this part shall be reconsidered by the regional director, or a designated agent, as frequently as may be required by the rules and regulations of the department. (b) After such further investigation as the regiona…

Tenn. Code Ann. § 71-4-1109 Notice of change of status by recipient

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(a) If at any time during the continuance of assistance the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the county office of the receipt or possession of such …

Tenn. Code Ann. § 71-4-111 Change in property or income of recipient

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(a) If, at any time during the continuance of assistance, the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the regional director or a designated agent of the re…

Tenn. Code Ann. § 71-4-1110 Removal of recipient from county

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Any recipient who moves to another county in this state shall be entitled with the approval of the department to receive assistance in the county to which the recipient has moved, and the regional director, or a designated agent, of the county from which the recipient has moved s…

Tenn. Code Ann. § 71-4-1111 Amendment of law

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All assistance granted under this part shall be deemed to be granted to be held subject to any amending or repealing act that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of such recipient's assistance being affected in …

Tenn. Code Ann. § 71-4-1112 Assignment of benefits prohibited — Exemption from legal process

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Assistance granted under this part shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or ins…

Tenn. Code Ann. § 71-4-1113 Fraudulent devices — Penalty

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(1) A person commits a Class E felony who:(1) Knowingly obtains, or attempts to obtain, or aids or abets any persons to obtain, by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which such person is not entitl…

Tenn. Code Ann. § 71-4-1114 Charging disabled to file application — Illegal use of lists — Penalty

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(a) It is unlawful for any person, firm or corporation to directly or indirectly either charge or receive anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under this part. (b) It is …

Tenn. Code Ann. § 71-4-1115 Veterans education benefits

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Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part…

Tenn. Code Ann. § 71-4-112 Removal of recipient from county

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Any recipient who moves to another county in this state shall be entitled, with the approval of the department, to receive assistance in the county to which the recipient has moved, and the regional director or a designated agent of the county from which the recipient has moved s…

Tenn. Code Ann. § 71-4-113 Amendment of law

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All assistance granted under this part shall be deemed to be granted and to be held subject to any amending or repealing statute that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of the recipient's assistance being affec…

Tenn. Code Ann. § 71-4-114 Charging for assistance to applicants

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(a) It is unlawful for any person, firm, or corporation to directly or indirectly either charge or receive anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under any statutes of this…

Tenn. Code Ann. § 71-4-115 Unlawful use of lists

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(a) Except as permitted by §§ 71-1-117 and 71-1-118, it is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, …

Tenn. Code Ann. § 71-4-116 Fraudulent devices

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A person who knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which such person is not entitled or assistance greater than that…

Tenn. Code Ann. § 71-4-117 Assignment of benefits — Exemption

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Assistance granted under this part shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or ins…

Tenn. Code Ann. § 71-4-118 Veterans education benefits

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Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part…

Tenn. Code Ann. § 71-4-1201 Part definitions

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(1) As used in this part, unless the context otherwise requires:(1) “Division” means the division of vocational rehabilitation of the department of human services;(2) “Employed” means engaged in activity of thirty (30) or more hours per week for which the individual receives remu…

Tenn. Code Ann. § 71-4-1202 Authorized

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The division shall subsidize personal care assistance services pursuant to this part for an individual eligible under § 71-4-1205. Such subsidy for any individual shall not exceed forty (40) hours per week.

Tenn. Code Ann. § 71-4-1203 Eligibility

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(1) An individual is eligible for a personal care assistance services subsidy under this part if such individual:(1) Is eighteen (18) years of age or older;(2) Has a severe physical disability;(3) Is receiving or has received vocational rehabilitation services from the division;(…

Tenn. Code Ann. § 71-4-1204 Amount

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(a) The division shall determine the amount of subsidy provided under § 71-4-1202 by the following formula:(1) Individual's annual gross income, including social security disability income (SSDI), supplemental security income (SSI) and disability pensions;(2) Subtract federal and…

Tenn. Code Ann. § 71-4-1205 Eligibility evaluation teams

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(a) The director of the division shall designate one (1) or more evaluation teams, which shall consist of at least two (2) persons, one (1) of whom shall be a licensed medical professional and one (1) of whom shall be a licensed occupational therapist or physical therapist. (b) E…

Tenn. Code Ann. § 71-4-1206 Rules — Establishment of hourly rate

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(a) The commissioner of human services shall promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as shall be necessary to ensure that this part is implemented in an efficient and effective manner. (b) The commission…

Tenn. Code Ann. § 71-4-1207 Funds

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(a) In addition to any state funds appropriated to provide services under this part, the department of human services may apply for and use any federal or private funds, grants, and other support that is available to carry out the personal care assistance program. (b) Expenditure…

Tenn. Code Ann. § 71-4-1208 Annual reports — Register of individuals

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The department of human services shall annually report to the governor and the general assembly on the progress made in the personal care assistance program and shall maintain a register of individuals served and individuals eligible for the program but unserved.

Tenn. Code Ann. § 71-4-1209 Veterans education benefits

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Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part…

Tenn. Code Ann. § 71-4-201 Policy of state

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It is the policy of the state to encourage and enable persons who are blind or visually impaired to participate fully in the social and economic life of this state and to engage in remunerative employment.

Tenn. Code Ann. § 71-4-202 Employment by public agencies

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It is the further policy of this state that totally blind or partially blind persons and persons otherwise disabled shall be employed in the state service, the service of the political subdivisions of the state, in the public schools and in all other employment supported in whole…

Tenn. Code Ann. § 71-4-203 Division of services for the blind created

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(a) The department of human services shall create a division of services for the blind to develop measures for the prevention of blindness, the restoration of sight, and the vocational adjustment of blind persons, including employment in regular industries, independent business, …

Tenn. Code Ann. § 71-4-204 Purchases made by the state, governing subdivisions of the state, or public institutions

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All purchases made by any agency of the state, whether or not through the purchasing division of the department of general services, or by any county, municipality, or other governing subdivision of the state, or by any public institution, shall be made from an agency of the stat…

Tenn. Code Ann. § 71-4-205 Blind-made products — Conformity to standards — Prices

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Materials purchased from approved or state-operated workshops for the blind in Tennessee must conform to applicable federal standards and specifications for such products and be priced in accordance with prices provided by such standards. Workshops are to be given sixty (60) days…

Tenn. Code Ann. § 71-4-2101 Part definitions

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(1) As used in this part:(1) A “deaf-blind person” means the same as an “individual who is deaf-blind” and both mean any individual:(A) (i) Who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diame…

Tenn. Code Ann. § 71-4-2102 Creation of the Tennessee council for the deaf, deaf-blind and hard of hearing

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(1) Effective July 1, 2013, there is hereby created the Tennessee council for the deaf, deaf-blind, and hard of hearing, which has the duty to:(1) Advocate services affecting people who are deaf, deaf-blind, and hard of hearing in the areas of public services, health care, educat…

Tenn. Code Ann. § 71-4-2103 Members — Terms — Meetings — Reimbursement for expenses

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(a) The council for the deaf, deaf-blind, and hard of hearing shall consist of eighteen (18) members and shall be composed as follows: the commissioners of education, human services, health, mental health and substance abuse, and safety or their designees, the assistant commissio…