SENATE BILL 110
By Lowe
HOUSE BILL 133
By Raper
HB0133
000616
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AN ACT to amend Tennessee Code Annotated, Title 33
and Title 52, relative to facilities for persons with
disabilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 52-2-418(d)(1), is amended by
deleting the second sentence and substituting:
One (1) pilot participant must be located in the western grand division, as
described in § 4-1-204, one (1) pilot participant must be located in the middle
grand division, as described in § 4-1-203, and one (1) pilot participant must be
located in the eastern grand division, as described in § 4-1-202.
SECTION 2. Tennessee Code Annotated, Section 52-2-418(d)(3), is amended by
adding the following new subdivision (C):
(C) To be eligible to participate in the pilot program in the eastern grand division,
a participant must:
(i) Possess a license issued by the department to operate an existing
residential home, which must be located on property:
(a) In a county with a population of not less than one hundred
eight thousand six hundred (108,600) and not more than one hundred
eight thousand seven hundred (108,700), according to the 2020 federal
census or a subsequent federal census;
(b) Owned by the participant; and
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(c) That consists of no less than twenty-six (26) acres, which may
include adjacent properties on which adults reside in an existing
independent living, licensed assisted-care living, or licensed nursing
home community;
(ii) Offer residential services for no more than sixty (60) additional adults
with intellectual and developmental disabilities;
(iii) Foster an inclusive community by making available additional homes
on the property for adults of all abilities equal to twenty-five percent (25%) of
homes on the property; and
(iv) Be recognized by the internal revenue service as an entity that is tax
exempt pursuant to § 501(c)(3) of the Internal Revenue Code (26 U.S.C. §
501(c)(3)), as amended.
SECTION 3. Tennessee Code Annotated, Section 52-2-418(d)(4)(A)(iv), is amended by
deleting the subdivision and substituting:
(iv) Each bedroom contains, is adjacent to, or across the hallway from, a full
bathroom facility;
SECTION 4. Tennessee Code Annotated, Section 52-2-418(d)(5), is amended by
deleting the subdivision and substituting:
(A) The department shall accept applications for participation in a pilot program:
(i) Authorized under subdivision (d)(3)(A) or (B) beginning July 1, 2024.
Applications must be received on or before March 31, 2025; and
(ii) Authorized under subdivision (d)(3)(C) beginning July 1, 2025.
Applications must be received on or before March 31, 2026.
(B) The department shall approve an application for participation in the pilot
program that satisfies the requirements of subdivisions (d)(2)-(4) within thirty (30) days
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of receipt of the application. If an applicant proposes to build facilities in order to
participate in the pilot program, then the applicant must complete the facilities necessary
to participate in the pilot program on or before June 30, 2028. All pilot participants shall
comply with the applicable requirements for licensure for services or facilities, as the
case may be, prior to accepting residents.
SECTION 5. Tennessee Code Annotated, Section 52-2-418(d)(7), is amended by
adding the following sentence at the end of the subdivision:
The department is not required to report outcomes for a participant under the pilot
program qualified and approved under subdivision (d)(3)(C) for a reporting year until
such participant's facility is operational.
SECTION 6. Tennessee Code Annotated, Section 52-2-418(d)(8), is amended by
deleting all language before the colon and substituting:
It being the intent of the general assembly that there be one (1) pilot program
participant in the western grand division, one (1) pilot program participant in the
middle grand division, and one (1) pilot program participant in the eastern grand
division, the department shall not
SECTION 7. This act takes effect July 1, 2025, the public welfare requiring it.