Title 71, Welfare

It is the intent of the general assembly that, in order to maximize the medical care available to Tennesseans who are uninsurable but for the availability of Access Tennessee, federal matching funds should be identified and any applicable federal waiver should be negotiated that …

The commissioner is directed to identify, apply for and negotiate for federal waiver authority for matching funds to support the provision of coverage under this part, which may include innovative approaches and solutions, which may include, but are not limited to, support for he…

The commissioner may adopt any rules that are necessary and proper to implement this part, including, but not limited to, any rules or regulations necessary to identify, apply for and negotiate a federal waiver. The rules may be promulgated as emergency rules pursuant to the Unif…

This part is known and may be cited as the “TennCare for Working Individuals with Disabilities Act.”

(1) As used in this part:(1) “Bureau” means the bureau of TennCare;(2) “Buy-in program” and “program” mean the Medicaid eligibility group created pursuant to this part that enables a working individual with a disability to obtain or retain Medicaid health insurance coverage throu…

It is the intent of the general assembly to remove barriers to employment for individuals who, but for income and resources, meet the federal Social Security definition of having a disability, by providing medical assistance to working individuals with disabilities through a buy-…

(a) On or before January 1, 2025, the bureau shall establish a buy-in program for working individuals with disabilities that enables such individuals to access health insurance coverage through the medical assistance program, including as a supplement to employer-sponsored covera…

(1) The director shall ensure that the buy-in program:(1) Provides categorically needy scope of care;(2) Provides home- and community-based long-term services and supports for an enrollee who meets the functional requirements for those programs, is approved for those services, an…

(1) The director shall ensure that the buy-in program:(1) Requires that, for a person to qualify for the program, the person must:(A) Meet the following general requirements as established for the medical assistance program:(i) Residence in this state;(ii) Citizenship or immigrat…

(1) The director shall ensure that, for the purpose of the buy-in program, a person is considered to be employed if the person:(1) Gets paid for working;(2) Has earnings that are subject to federal income tax; and(3) Unless the person is self-employed, has payroll taxes deducted …

(a) The director shall ensure, when determining the premium amount a person must pay for participation in the buy-in program, that:(1) The bureau counts only the income of the person approved for the program, and does not count the income of another household member;(2) For purpo…

(1) The commissioner of human services shall complete a study of poverty in Tennessee, including its implications and potential solution strategies with feedback from departments, agencies, and selected non-governmental organizations serving the affected populations. Such departm…

(a) The poverty reduction plan shall:(1) Assess the current and future impact of poverty on the residents of Tennessee;(2) Examine the existing barriers, services and resources addressing the needs of persons living in poverty and their families; and(3) Develop a proposed strateg…

(a) The commissioner and other departments, agencies and selected non-governmental organizations conducting the study shall hold a public meeting and utilize technological means to gather feedback on the recommendations from the general public and from persons and families affect…

(a) This part may be cited as the “Tennessee Adult Protection Act.” (b) (1) The purpose of this part is to protect adults coming within this part from abuse, neglect or exploitation by requiring reporting of suspected cases by any person having cause to believe that such cases ex…

(1) As used in this part, unless the context otherwise requires:(1) “Abuse or neglect” means:(A) A situation in which a caretaker:(i) Inflicts physical pain, injury, or mental anguish;(ii) Deprives the adult of services that are necessary to maintain the health and welfare of the…

(a) The commissioner has the discretion to adopt such rules, regulations, procedures, guidelines, or any other expressions of policy necessary to effect the purpose of this part insofar as such action is reasonably calculated to serve the public interest. (b) (1) Any person, incl…

(a) Any court with jurisdiction under this part may upon proper application by the department issue a temporary restraining order or other injunctive relief to prohibit any violation of this part, regardless of the existence of any other remedy at law. (b) The court may enjoin fr…

Any person making any report or investigation pursuant to this part, including representatives of the department in the reasonable performance of their duties and within the scope of their authority, shall be presumed to be acting in good faith and shall thereby be immune from an…

Notwithstanding the existence of the privilege for confidential communications between husband and wife, the chancellor at the hearing may compel testimony if, in the chancellor's opinion, disclosure is necessary in the interest of the adult.

(a) (1) (A) If the department determines that an adult who is in need of protective services is in imminent danger if that adult does not receive protective services and lacks capacity to consent to protective services, then the department may file a complaint with the court for …

No adult may be adjudicated incompetent or committed to a mental institution under this part.

If the department determines that the adult is financially capable of paying for the protective services received, according to standards to be set by the department, the adult shall reimburse the state for the cost of providing the protective services. If the department determin…

Any person who fails to make reasonable efforts to make a report required by this chapter or § 39-15-509(a) commits a Class A misdemeanor.

It is the legislative intent that the protective services set out in this part be provided and that the department have present authority to provide or to arrange for the provision of the same. However, the provision of the services is subject to budgetary limitations and the ava…

The cost of the administration of this part and the provision of the services hereby authorized shall be limited to the amount of funds specifically appropriated for such purposes by the general assembly.

(a) It is the legislative intent that the departments of mental health and substance abuse services, disability and aging, and health, or their successor agencies, shall assist the department of human services with providing the services required under this part. (b) When the dep…

(a) The circuit, general sessions, and chancery courts have jurisdiction of proceedings arising under this part. Probate courts in counties having a population of not less than seven hundred seventy-five thousand (775,000), according to the 1980 federal census or any subsequent f…

It is the legislative intent that law enforcement officials shall cooperate with the department of human services in providing protective services under this part. Further, when the department is unable to return an adult to physical custody who voluntarily leaves such custody, l…

Either party to a proceeding under this part, or any interested person on behalf of the adult subject to such a proceeding, may file a motion for review of the decree of the court at any time.

(a) For purposes of this part, a person is not abused or neglected or in need of protective services if the person subject to care intentionally and willfully chooses or consents to engage in a religious method of healing in accordance with a recognized religious belief in lieu o…

(a) (1) The identity of a person who reports abuse, neglect, or exploitation, as those terms are defined in § 71-6-102, as required under this part, is confidential and may not be revealed except as otherwise provided in this section or upon an order by a court with jurisdiction …

(a) As used in this section, unless the context otherwise requires:(1) “Capacity to consent” means the mental ability to make a rational decision, which includes the ability to perceive, appreciate all relevant facts and to reach a rational judgment upon such facts; or to make an…

(a) All offices of physicians licensed pursuant to title 63, chapter 6 or 9, all health care facilities licensed pursuant to title 68, chapter 11, all senior centers, all community centers and all pharmacies shall post the following in the main public entrance:(1) Contact informa…

The division of adult protective services of the department of human services shall establish a toll-free telephone service to enable citizens within the state to call the division free of charge to report abuse, neglect, or exploitation and to seek relevant assistance from the d…

(a) It is an offense for a person to report to the department an accusation of abuse, sexual abuse, neglect or exploitation of an adult if, at the time of the report, the person knows or should know the accusation is false. (b) It is an offense for a person to knowingly cause ano…

(a) (1) (A) Any relative, conservator, or agent of the department of disability and aging; designated agency or assign of the relative, conservator, or department; or attorney ad litem having personal knowledge that an adult has been the subject of a violation of § 39-15-502, § 3…

(a) By January 1, 2017, the district attorney general of each judicial district shall establish, or cause to be established, a vulnerable adult protective investigative team (VAPIT) for the purpose of:(1) Coordinating the investigation of suspected instances of abuse, neglect, or…

(a) There are hereby established programs for the establishment and funding of family violence shelters and shelter services and child abuse prevention services. The program for the establishment of family violence shelters and shelter services shall be administered by the depart…

(1) As used in this part, unless the context requires otherwise:(1) “Child abuse prevention services” means those services designed to prevent the occurrence of child abuse and neglect. They may include, but are not limited to:(A) Services relating to prevention of child abuse, s…

(1) In administering these programs, the department with authority over each program:(1) Shall divide all funds received under this part equally, with fifty percent (50%) of the funds to be allocated to the department of finance and administration for family violence shelters and…

(1) To receive funds under this part, organizations shall:(1) Be incorporated as a not-for-profit corporation, and be tax-exempt under § 501 of the Internal Revenue Code (26 U.S.C. § 501); and(2) Comply with §§ 37-1-403 and 37-1-605 by reporting cases of suspected child abuse or …

To receive funds under this part for family violence shelter services or shelters, or both, all applicants shall show that they have provided shelter services for at least six (6) months prior to the application for funds under this part, and that the funds provided under this pa…

(1) To receive funds under this part for child abuse prevention services, all applicants shall show that the funds provided under this part will enable them to provide some of the following services:(1) Counseling for the prevention of child abuse;(2) Child abuse prevention self-…

It is the legislative intent that in providing services to family violence victims that shelter services be provided to male children twelve (12) to eighteen (18) years of age to the maximum extent feasible.

(a) No person can be compelled to provide testimony or documentary evidence in a criminal, civil or administrative proceeding that would identify the address or location of a shelter. (b) In any proceeding involving a shelter or a person staying at a shelter, the sheriff, constab…