1 | 1 | | |
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2 | 2 | | SENATE BILL 654 |
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3 | 3 | | By Crowe |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 717 |
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6 | 6 | | By Jones R |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB0717 |
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10 | 10 | | 002698 |
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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 9; |
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14 | 14 | | Title 33; Title 52; Title 67 and Title 68, relative to |
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15 | 15 | | relief for caregivers of individuals with Alzheimer's |
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16 | 16 | | disease or related dementia. |
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17 | 17 | | |
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18 | 18 | | WHEREAS, one in three senior citizens will die from dementia; and |
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19 | 19 | | WHEREAS, the caregivers of family members with Alzheimer's disease incur |
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20 | 20 | | replacement costs and forgone wages estimated to be $36,667 per person; and |
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21 | 21 | | WHEREAS, financial relief is positively related to the level of service and support |
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22 | 22 | | provided by informal caregivers; and |
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23 | 23 | | WHEREAS, it is fitting and proper that the state create a financial relief program to |
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24 | 24 | | benefit Alzheimer's caregivers; now, therefore, |
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25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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26 | 26 | | SECTION 1. Tennessee Code Annotated, Title 52, is amended by adding the following |
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27 | 27 | | as a new chapter: |
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28 | 28 | | 52-9-101. This chapter is known and may be cited as the "Caring for Caregivers Act." |
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29 | 29 | | 52-9-102. As used in this chapter: |
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30 | 30 | | (1) "Activities of daily living" or "ADL" means: |
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31 | 31 | | (A) Ambulating, which is the extent of an individual's ability to move from |
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32 | 32 | | one position to another and walk independently; |
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33 | 33 | | (B) Feeding, which is the ability of an individual to feed oneself; |
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34 | 34 | | (C) Dressing, which is the ability to select appropriate clothes and to put |
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35 | 35 | | the clothes on without aid; |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 002698 |
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39 | 39 | | |
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40 | 40 | | (D) Personal hygiene, which is the ability to bathe and groom oneself and |
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41 | 41 | | maintain dental hygiene and nail and hair care; |
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42 | 42 | | (E) Continence, which is the ability to control bladder and bowel function; |
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43 | 43 | | and |
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44 | 44 | | (F) Toileting, which is the ability to get to and from the toilet without aid, |
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45 | 45 | | using it appropriately, and cleaning oneself; |
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46 | 46 | | (2) "Adjusted income" means household income minus fifty percent (50%) of the |
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47 | 47 | | cost of total eligible expenditures for the year; |
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48 | 48 | | (3) "Alzheimer's disease or related dementia" has the same meaning as defined |
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49 | 49 | | in § 52-8-203; |
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50 | 50 | | (4) "Eligible expenditures": |
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51 | 51 | | (A) Means uncompensated expenses paid or incurred by a family |
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52 | 52 | | caregiver that are directly related to assisting the family caregiver in providing |
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53 | 53 | | care to an eligible family member; |
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54 | 54 | | (B) Includes expenses paid or incurred for: |
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55 | 55 | | (i) The improvement or alteration to the family caregiver's or |
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56 | 56 | | eligible family member's primary residence to permit the eligible family |
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57 | 57 | | member to live in the residence and to remain mobile, safe, and |
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58 | 58 | | independent; |
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59 | 59 | | (ii) The family caregiver's purchase or lease of equipment, |
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60 | 60 | | including healthcare equipment, durable medical equipment, or |
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61 | 61 | | technology, that is necessary to assist an eligible family member in |
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62 | 62 | | carrying out one (1) or more ADLs; or |
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63 | 63 | | (iii) Respite care; and |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 002698 |
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67 | 67 | | |
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68 | 68 | | (C) Does not include the carrying out of general household maintenance |
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69 | 69 | | activities such as painting, plumbing, electrical repairs, or exterior maintenance; |
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70 | 70 | | (5) "Eligible family member" means an individual who: |
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71 | 71 | | (A) Requires assistance with at least two (2) ADLs and is diagnosed with |
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72 | 72 | | Alzheimer's disease or related dementia and qualifies as an adult child, spouse, |
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73 | 73 | | parent, or other relative by blood or marriage to a family caregiver; and |
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74 | 74 | | (B) Lives in a private residential home and not in an assisted living |
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75 | 75 | | center, nursing facility, or residential care home; |
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76 | 76 | | (6) "Family caregiver" means an individual who: |
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77 | 77 | | (A) Provides care and support for an eligible family member; |
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78 | 78 | | (B) Has incurred eligible expenditures; and |
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79 | 79 | | (C) For calendar year 2026, and each subsequent year, has an annual |
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80 | 80 | | adjusted income from all sources that does not exceed thirty-seven thousand |
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81 | 81 | | dollars ($37,000); and |
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82 | 82 | | (7) "Respite care" has the same meaning as defined in § 52-8-203. |
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83 | 83 | | 52-9-103. |
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84 | 84 | | (a) The department shall establish and administer a family caregiver grant pilot |
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85 | 85 | | program to provide grants to family caregivers of eligible family members in each of the |
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86 | 86 | | three (3) grand divisions to offset eligible expenditures incurred by the family caregivers. |
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87 | 87 | | The pilot program must be operated from July 1, 2025, to December 31, 2028. |
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88 | 88 | | (b) There is created a separate fund within the general fund to be known as the |
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89 | 89 | | family caregiver grant fund. The fund is composed of: |
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90 | 90 | | (1) Funds appropriated by the general assembly for the fund; and |
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91 | 91 | | (2) Gifts, grants, and other donations received by the department for the |
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92 | 92 | | fund. |
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93 | 93 | | |
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94 | 94 | | |
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96 | 96 | | |
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97 | 97 | | (c) Subject to the availability of funds, the department shall allocate and disperse |
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98 | 98 | | grants each fiscal year of the pilot program period to family caregivers of eligible family |
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99 | 99 | | members on a first-come, first-served basis. A grant awarded under this chapter is |
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100 | 100 | | limited to six thousand dollars ($6,000) per family caregiver in a fiscal year. |
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101 | 101 | | (d) Family caregivers must continue to qualify for a grant while the eligible family |
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102 | 102 | | member is temporarily relocated for health care to a hospital or skilled or intermediate |
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103 | 103 | | care facility if the eligible family member indicates an intent to return to the private |
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104 | 104 | | residential home when recovered sufficiently. |
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105 | 105 | | (e) It is the legislative intent that an initial appropriation in the amount of six |
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106 | 106 | | hundred thousand dollars ($600,000) be appropriated in fiscal year 2025-2026 in the |
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107 | 107 | | general appropriations act for awarding grants from the fund. |
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108 | 108 | | (f) Moneys in the fund must be invested by the state treasurer for the benefit of |
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109 | 109 | | the fund in accordance with § 9-4-603. Interest accruing on investments and deposits of |
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110 | 110 | | the fund must be returned to the fund and remain part of the fund. Any unencumbered |
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111 | 111 | | moneys and any unexpended balance of the fund remaining at the end of a fiscal year |
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112 | 112 | | do not revert to the general fund, but must be carried forward until expended in |
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113 | 113 | | accordance with this section. |
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114 | 114 | | 52-9-104. The annual adjusted income limit in § 52-9-103(6)(C) must be adjusted by the |
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115 | 115 | | department on July 1, 2026, and July 1, 2027, to reflect the cost-of-living adjustment for social |
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116 | 116 | | security recipients as determined by the social security administration and must be rounded to |
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117 | 117 | | the nearest ten dollars ($10.00). The income attributable to the family caregiver applying for a |
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118 | 118 | | grant is the income of the family caregiver and the income of the family caregiver's spouse, if |
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119 | 119 | | applicable. |
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120 | 120 | | 52-9-105. The commissioner may promulgate rules to effectuate this chapter in |
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121 | 121 | | accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. |
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122 | 122 | | |
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123 | 123 | | |
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125 | 125 | | |
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126 | 126 | | 52-9-106. On or before October 1, 2026, and by October 1 of each subsequent year, |
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127 | 127 | | until the close of the pilot program period, the department shall submit a report to the chair of |
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128 | 128 | | the health and welfare committee of the senate and the chair of the committee in the house of |
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129 | 129 | | representatives having jurisdiction over health-related matters on the status of the program and |
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130 | 130 | | on the funds received and payments made by the family caregiver grant fund. |
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131 | 131 | | SECTION 2. This act is not an appropriation of funds, and funds must not be obligated |
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132 | 132 | | or expended pursuant to this act unless the funds are specifically appropriated by the general |
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133 | 133 | | appropriations act. |
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134 | 134 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it. |
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