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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

610 sections·Filtered byTitle 71✕

Tenn. Code Ann. § 71-4-303 Application for purchase of materials
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(a) Any blind person desiring that materials and supplies for home industries be purchased for such person's benefit shall make application to the director of services for the blind stating the materials desired, the finished product that it is proposed to make and form, the prob…
Tenn. Code Ann. § 71-4-304 Denial of application for materials
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The director of services for the blind may, at the director's discretion, decline to purchase material and supplies for any blind person under this part, whenever and if information available to such director indicates that there is a probability that the amount of such purchase …
Tenn. Code Ann. § 71-4-305 Sale of products — Distribution of proceeds
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(a) All finished products made from raw material and supplies purchased with the proceeds of advances under this part shall be detailed to the director of services for the blind at such times and places as the director may designate. (b) Upon receipt of such finished articles, th…
Tenn. Code Ann. § 71-4-401 Program established — Purpose
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(a) The vocational rehabilitation service of the department of human services is authorized to establish and supervise a business enterprise program for the blind. (b) The purpose of this program shall be to promote the vocational rehabilitation of blind individuals and to assist…

Showing 251–300 of 610

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Tenn. Code Ann. § 71-4-403 Purchase of materials without formal procedures

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(a) Notwithstanding another law, and except as provided in subsection (b), the commissioner of human services or the commissioner's designee may make purchases of materials, services, equipment, stock, and merchandise for use in a business enterprise program for the blind without…

Tenn. Code Ann. § 71-4-404 Certification of disbursements and repayments

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Disbursements from and repayments to the revolving fund shall be made on the certification of the director of services for the blind.

Tenn. Code Ann. § 71-4-405 Rules governing disbursements — Liability for losses

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Disbursements from the revolving fund shall be made in accordance with rules and regulations recommended by the director approved by the commissioner; provided, that the director shall not be accountable for losses incurred in the making and obtaining of repayment of such advance…

Tenn. Code Ann. § 71-4-501 Construction

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It is the intent of the general assembly to grant to blind individuals a priority in the establishment and operation of vending facilities on public property in this state. To that end, this part shall be liberally construed to give the blind individuals who are eligible for such…

Tenn. Code Ann. § 71-4-502 Part definitions

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(1) As used in this part, unless the context otherwise requires:(1) “Blind individual” means any person who meets the requirements for services through the business enterprise program for the blind under part 4 of this chapter and who has been trained and licensed by the departme…

Tenn. Code Ann. § 71-4-503 Vending facilities on public property — Priority — Establishment

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(a) Whenever any new buildings or other facilities are to be constructed by the state or on any other public property or when any existing contracts expire or are changed in any way, the department shall be notified and it shall promptly make an investigation and survey of the pu…

Tenn. Code Ann. § 71-4-504 Vending machines in lieu of on-site manager

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(a) If, after conducting a survey, the department determines that there is not sufficient population to support an on-site manager but the public property management desires vending machine services, the department shall have the right to place vending machines on the property an…

Tenn. Code Ann. § 71-4-505 Cafeterias

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(a) The priority established by this part applies to cafeterias, as defined by the department, as limited by this section. (b) If a new cafeteria is to be constructed on public property or any existing cafeteria contracts on public properties expire, or both, the department shall…

Tenn. Code Ann. § 71-4-506 Effect of part

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Nothing in this part shall supersede any cooperative agreements that are in effect between the department and public property management on July 1, 1994, regarding the current operation of vending facilities on public properties, nor shall anything in this part preclude the depar…

Tenn. Code Ann. § 71-4-507 Dispute resolution

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(a) Except as stated in subsection (b), if a dispute arises between the management of public property and the department concerning any matter contained in this part, then either party may file a complaint setting forth the dispute with the secretary of state. Within ten (10) day…

Tenn. Code Ann. § 71-4-508 Administrative review or evidentiary hearing

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(a) The department has exclusive jurisdiction to provide an opportunity for an administrative review or evidentiary hearing to a blind individual under this part who is dissatisfied with any action arising from the operation or administration of the vending facility program. (b) …

Tenn. Code Ann. § 71-4-509 Proceeds set aside for blind vendors

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(a) After considering the recommendation from the committee of blind vendors, the department shall set aside or cause to be set aside a percentage of the net proceeds of the vending facilities in a reasonable amount not to exceed fifteen percent (15%) of their net income and purs…

Tenn. Code Ann. § 71-4-510 Complaint process and disciplinary actions for licensed blind vending facility operators

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(a) The department shall establish and implement by rule a process by which management of a public property may submit formal complaints regarding the conduct or performance of a blind individual who has been licensed by the department to operate a vending facility on such public…

Tenn. Code Ann. § 71-4-511 Self-employment and entrepreneurship opportunities for non-blind individuals with disabilities in operating vending facilities

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(a) As used in this section, “eligible individual with a disability” means a person with a disability who is a resident of this state, whose vocational rehabilitation is determined feasible by the department of human services division of rehabilitation services, and who has been …

Tenn. Code Ann. § 71-4-601 Short title

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This part may be cited as the “Vocational Rehabilitation of the Blind Law.”

Tenn. Code Ann. § 71-4-602 Part definitions

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(1) As used in this part, unless the context otherwise requires:(1) “Blind individual” means any person whose visual acuity with maximum correction does not exceed 20/200 in the better eye, except that in those instances in which the visual acuity exceeds 20/200 but is accompanie…

Tenn. Code Ann. § 71-4-603 Declaration of policy — Plan

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(a) It is hereby declared to be the policy of this state to provide rehabilitation services, to the extent needed and feasible, to eligible blind individuals with employment barriers throughout the state to the end that they may engage in useful and remunerative occupations to th…

Tenn. Code Ann. § 71-4-604 Creation of division of vocational rehabilitation of the blind — Director — Appointment — Regulations and state plan

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(a) (1) The division of vocational rehabilitation of the blind, called “the division” in this part, and the office of director of rehabilitation of the blind, the incumbent of which is called the “director,” in this part are hereby established in the department of human services.…

Tenn. Code Ann. § 71-4-605 Types of services — Workshops — Federal funds — Gifts

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(a) All rehabilitation services, as defined in this part, may be provided under this part to eligible blind handicapped individuals, and in any event, such services shall include training, maintenance, placement, guidance and physical restoration services. (b) Within such limits …

Tenn. Code Ann. § 71-4-606 Federal employees included

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Rehabilitation services provided under the state plan for the blind shall be available to any blind civil employee of the United States disabled while in the performance of the blind civil employee's duty, on the same terms and conditions as apply to other persons.

Tenn. Code Ann. § 71-4-607 Administration — Personnel — Rules

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(a) The department is hereby authorized to adopt and promulgate rules and regulations with respect to methods of administration, use of medical and other records of individuals who have been provided vocational rehabilitation services for the blind, and the establishment and main…

Tenn. Code Ann. § 71-4-608 Cooperation and utilization of other agencies

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(1) Pursuant to the general policies of the department, the director and the division are authorized to:(1) Cooperate with and utilize the services of the state agency or agencies administering the state's public assistance program, the federal bureau of old-age and survivors ins…

Tenn. Code Ann. § 71-4-609 Maintenance not transferable — Exempt from creditors

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The right of a blind individual to maintenance under this part shall not be transferable or assignable at law or in equity, and shall be exempt from the claims of creditors.

Tenn. Code Ann. § 71-4-610 Hearing on grievances

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Any blind individual applying for or receiving vocational rehabilitation who is aggrieved by any action of the vocational rehabilitation service for the blind shall be entitled in accordance with regulations promulgated by the commissioner to a fair hearing, and the decision so m…

Tenn. Code Ann. § 71-4-611 Illegal use of lists — Penalty

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(a) It is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in…

Tenn. Code Ann. § 71-4-612 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. § 71-4-701 Purpose — Applicability

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(a) The purpose of this part is to further the policy of the state to encourage and assist individuals with severe disabilities to achieve maximum personal independence through useful, productive, and gainful employment by assuring expanded competitive integrated employment oppor…

Tenn. Code Ann. § 71-4-702 Part definitions

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(1) As used in this part:(1) “Central nonprofit agency” means the agency designated by the committee to facilitate, by subcontract or other means, the fulfillment of orders from governmental entities for commodities and services and to assist the committee in administering the pr…

Tenn. Code Ann. § 71-4-703 Advisory committee — Responsibilities — Purchasing requirements for governmental entities — Applicability of part

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(a) (1) There is created the committee for providing competitive integrated employment for individuals with severe disabilities, and composed of the following:(A) The commissioner of general services or the commissioner's designee;(B) The commissioner of finance and administratio…

Tenn. Code Ann. § 71-4-704 Central nonprofit agency — Designation — Functions and operations — Fee

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(a) The functions and operations of the designated central nonprofit agency include, but are not limited to, the following:(1) Ensure that the priorities for orders from governmental entities are maintained under this part and that opportunities are provided to individuals with s…

Tenn. Code Ann. § 71-4-705 Cooperation between committee and governmental entities — Annual report of committee

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(a) In furtherance of the purposes of this part and in order to contribute to the economy of state government, it is the intent of the general assembly that there be close cooperation between the committee and any state governmental entity from which procurement of commodities or…

Tenn. Code Ann. § 71-4-801 Short title

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This part is known and may be cited as “The Achieving a Better Life Experience (ABLE) Act.”

Tenn. Code Ann. § 71-4-802 Purpose of part

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The purpose of this part is to authorize the establishment of a qualified ABLE program as an agency or instrumentality of the state to assist an eligible individual in saving money to meet the eligible individual's qualified disability expenses. The intent of the program is to en…

Tenn. Code Ann. § 71-4-803 Part definitions

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(1) As used in this part, unless the context otherwise requires:(1) “Account” means an account established by; owned by; and for the benefit of an eligible individual, who is also the designated beneficiary on the account, and maintained under a qualified ABLE program for payment…

Tenn. Code Ann. § 71-4-804 Trustees of qualified ABLE program — State treasurer authorized to establish qualified ABLE program — Program revenues

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(a) The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the state treasurer shall serve as trustees for a qualified ABLE program t…

Tenn. Code Ann. § 71-4-805 Authority of state treasurer

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(1) The state treasurer has the following powers and authorities necessary and convenient to carry out the purposes and provisions of this part, the purposes and objectives of the program and the trustees' plan, and the powers delegated by any other law of this state and the code…

Tenn. Code Ann. § 71-4-806 Accounts established for eligible individuals — Notice to United States treasury department — Monthly electronic statements to social security administration

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(a) The qualified ABLE program that is established and maintained by the state as an agency or instrumentality thereof shall comply with all requirements of the code and shall:(1) Allow one (1) or more persons to make contributions for a taxable year into an account for the benef…

Tenn. Code Ann. § 71-4-807 Administration of program by state treasurer

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The state treasurer shall carry out the day-to-day operations and responsibilities of the program. The state treasurer shall exercise such powers, duties, and responsibilities contained in this part to implement the purpose of this part; may assign any duties and responsibilities…

Tenn. Code Ann. § 71-4-808 Authority to offer investment options to participants

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Notwithstanding any other law to the contrary, the trustees shall be authorized to offer investment options to eligible individuals participating in the qualified ABLE program.

Tenn. Code Ann. § 71-4-809 Authority of state treasurer to request assistance from and exchange data with other departments and agencies

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In conjunction with the state treasurer's authority contained in this part, the state treasurer has the authority to request assistance from, and exchange data with, other departments and agencies of the state in carrying out the purpose and intent of this part and the requiremen…

Tenn. Code Ann. § 71-4-810 Assets, income and distributions exempt from taxation, garnishment, attachment or assignment

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Notwithstanding any other law to the contrary, all assets, income, and distributions of qualified ABLE programs as defined by the code, this part, or the laws of another state are exempt from any state, county, or municipal tax and shall not be subject to execution, attachment, o…

Tenn. Code Ann. § 71-4-811 Suspension or termination of program

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If the trustees determine that the program is financially infeasible or is not beneficial to the citizens of this state or the state itself, the trustees may suspend or terminate the program immediately.

Tenn. Code Ann. § 71-4-812 Disclosure of personal information prohibited — Exceptions

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(a) Notwithstanding any other law to the contrary, the state shall not disclose personal information about any person obtained in connection with an account established under this part, except under the following circumstances:(1) To any individual or entity authorized by the eli…

Tenn. Code Ann. § 71-4-813 Death of beneficiary — Prohibited government actions

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(a) Following the death of an individual who is the designated beneficiary of a qualified ABLE account established under § 71-4-804(b), the state shall not:(1) Seek recovery of an account balance remaining in the designated beneficiary's account for medical assistance paid to or …

Tenn. Code Ann. § 71-5-1001 Part definitions

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(1) As used in this part, unless the context otherwise requires:(1) “Account” means the nursing home assessment trust fund created under this part;(2) “Bureau” means the bureau of TennCare;(3) “Commencement date” means the later of July 1, 2014, or the date when the bureau has re…

Tenn. Code Ann. § 71-5-1002 Legislative purpose — Creation of nursing home assessment trust fund

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(a) It is declared to be the legislative intent that every person is exercising a taxable privilege who engages in the business of providing nursing home care. The assessment fee imposed by this part shall be in addition to all other privilege taxes. (b) The nursing home assessme…