1 | 1 | | |
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2 | 2 | | SENATE BILL 110 |
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3 | 3 | | By Lowe |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 133 |
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6 | 6 | | By Raper |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB0133 |
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10 | 10 | | 000616 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 33 |
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14 | 14 | | and Title 52, relative to facilities for persons with |
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15 | 15 | | disabilities. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Section 52-2-418(d)(1), is amended by |
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19 | 19 | | deleting the second sentence and substituting: |
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20 | 20 | | One (1) pilot participant must be located in the western grand division, as |
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21 | 21 | | described in § 4-1-204, one (1) pilot participant must be located in the middle |
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22 | 22 | | grand division, as described in § 4-1-203, and one (1) pilot participant must be |
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23 | 23 | | located in the eastern grand division, as described in § 4-1-202. |
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24 | 24 | | SECTION 2. Tennessee Code Annotated, Section 52-2-418(d)(3), is amended by |
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25 | 25 | | adding the following new subdivision (C): |
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26 | 26 | | (C) To be eligible to participate in the pilot program in the eastern grand division, |
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27 | 27 | | a participant must: |
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28 | 28 | | (i) Possess a license issued by the department to operate an existing |
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29 | 29 | | residential home, which must be located on property: |
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30 | 30 | | (a) In a county with a population of not less than one hundred |
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31 | 31 | | eight thousand six hundred (108,600) and not more than one hundred |
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32 | 32 | | eight thousand seven hundred (108,700), according to the 2020 federal |
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33 | 33 | | census or a subsequent federal census; |
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34 | 34 | | (b) Owned by the participant; and |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | - 2 - 000616 |
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38 | 38 | | |
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39 | 39 | | (c) That consists of no less than twenty-six (26) acres, which may |
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40 | 40 | | include adjacent properties on which adults reside in an existing |
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41 | 41 | | independent living, licensed assisted-care living, or licensed nursing |
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42 | 42 | | home community; |
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43 | 43 | | (ii) Offer residential services for no more than sixty (60) additional adults |
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44 | 44 | | with intellectual and developmental disabilities; |
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45 | 45 | | (iii) Foster an inclusive community by making available additional homes |
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46 | 46 | | on the property for adults of all abilities equal to twenty-five percent (25%) of |
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47 | 47 | | homes on the property; and |
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48 | 48 | | (iv) Be recognized by the internal revenue service as an entity that is tax |
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49 | 49 | | exempt pursuant to § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § |
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50 | 50 | | 501(c)(3)), as amended. |
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51 | 51 | | SECTION 3. Tennessee Code Annotated, Section 52-2-418(d)(4)(A)(iv), is amended by |
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52 | 52 | | deleting the subdivision and substituting: |
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53 | 53 | | (iv) Each bedroom contains, is adjacent to, or across the hallway from, a full |
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54 | 54 | | bathroom facility; |
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55 | 55 | | SECTION 4. Tennessee Code Annotated, Section 52-2-418(d)(5), is amended by |
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56 | 56 | | deleting the subdivision and substituting: |
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57 | 57 | | (A) The department shall accept applications for participation in a pilot program: |
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58 | 58 | | (i) Authorized under subdivision (d)(3)(A) or (B) beginning July 1, 2024. |
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59 | 59 | | Applications must be received on or before March 31, 2025; and |
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60 | 60 | | (ii) Authorized under subdivision (d)(3)(C) beginning July 1, 2025. |
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61 | 61 | | Applications must be received on or before March 31, 2026. |
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62 | 62 | | (B) The department shall approve an application for participation in the pilot |
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63 | 63 | | program that satisfies the requirements of subdivisions (d)(2)-(4) within thirty (30) days |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 000616 |
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67 | 67 | | |
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68 | 68 | | of receipt of the application. If an applicant proposes to build facilities in order to |
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69 | 69 | | participate in the pilot program, then the applicant must complete the facilities necessary |
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70 | 70 | | to participate in the pilot program on or before June 30, 2028. All pilot participants shall |
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71 | 71 | | comply with the applicable requirements for licensure for services or facilities, as the |
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72 | 72 | | case may be, prior to accepting residents. |
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73 | 73 | | SECTION 5. Tennessee Code Annotated, Section 52-2-418(d)(7), is amended by |
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74 | 74 | | adding the following sentence at the end of the subdivision: |
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75 | 75 | | The department is not required to report outcomes for a participant under the pilot |
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76 | 76 | | program qualified and approved under subdivision (d)(3)(C) for a reporting year until |
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77 | 77 | | such participant's facility is operational. |
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78 | 78 | | SECTION 6. Tennessee Code Annotated, Section 52-2-418(d)(8), is amended by |
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79 | 79 | | deleting all language before the colon and substituting: |
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80 | 80 | | It being the intent of the general assembly that there be one (1) pilot program |
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81 | 81 | | participant in the western grand division, one (1) pilot program participant in the |
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82 | 82 | | middle grand division, and one (1) pilot program participant in the eastern grand |
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83 | 83 | | division, the department shall not |
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84 | 84 | | SECTION 7. This act takes effect July 1, 2025, the public welfare requiring it. |
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