What's New on the Hill - May 05, 2023

Tennessee: Leading the
Nation’ Agenda Passes

Tennessee Governor Bill Lee passes $56.2 billion budget and full legislative agenda, including the historic Transportation Modernization Act which invests $3.3 billion to accommodate the state's record growth and meet transportation needs without raising taxes or taking on debt. The agenda also includes significant investments in tax relief, K-12 education, skilled workforce, conservation, and a comprehensive school safety proposal to enhance physical security in public and non-public schools across Tennessee.

Next week is Teacher Appreciation Week (May 8-12, 2023) and this year, we're joining together to celebrate the hard work and dedication of our educators. This session the legislature’s education budget packet passed, increasing the base pay for Tennessee teachers to $50K by 2027, ranking the state in the top 10 for teacher pay. Let's take a moment to thank a teacher for their tireless efforts in shaping the future generation! 

Gov. Lee Announces Key Leadership
Transition at TN Dept. of Education

Governor Bill Lee announced the appointment of Lizzette Gonzalez Reynolds as commissioner for the Tennessee Department of Education (TDOE), effective July 1. Reynolds will succeed Dr. Penny Schwinn, who will step down at the end of the school year after more than four years of service to Tennesseans.

“During her years of dedicated service, Penny has played a key role in our administration’s work to ensure educational opportunity for Tennessee students and secure the next generation of teachers, while navigating historic learning challenges,” said Lee. “I have tremendous gratitude for her leadership and wish her much success in her next chapter.”

General Assembly Passes
Tennessee Works Tax Act

The  General Assembly has approved more than $400 million in tax cuts for Tennessee families and businesses through the Tennessee Works Tax Act, marking one of the largest tax cuts in Tennessee history and supporting future economic growth.

“Decades of smart fiscal stewardship have enabled Tennessee to maintain a balanced budget while cutting taxes for Tennessee families and businesses,” said Governor Bill Lee. “We are proud to continue that legacy this year by putting dollars back in the pockets of Tennesseans and supporting future economic growth across Tennessee, and I thank the General Assembly for its partnership to promote future growth and opportunity for our state.” 

LEGISLATIVE WINS

BUDGET

The budget as passed included some important NEW items for our clients:

• $9 million recurring to increase the provider rate reimbursement pool for providers in the behavioral health safety net.

• $16 million recurring to increase to $15/hour the average hourly rate paid to direct support professions who provide care for the intellectually and developmentally disabled.

• $800,000 non-recurring to Centerstone Military Services to provide services to military members, veterans, reservists, national guard members and their families across the state of Tennessee

LEGISLATION

SB 675/HB 667: Kevin Clauson Drug Donation Act - Which modernized and improved on the state’s existing drug donation program to allow for more drugs to be donated and more Tennesseans to be served.  It’s an incredible program that gets life saving prescription medication to those in need.

HB 1195 By Williams SB 72 By Watson - allows physical therapists to accept referrals from nurse practitioners and physician assistants when they are working under a collaborative relationship with their physician. Although this has been happening for years, an attorney interpreted the current statute differently, hence the need to clarify it in the new legislation.

HB 661 by Hicks and  SB402 by Massey - allows physical therapists to issue a certified statement of disability authorizing a patient to apply for disability placards. Currently, only physicians and nurses operating under a collaborative agreement have this authority. The change will enable physical therapists to evaluate their patients' functional limitations and determine the need for a temporary or permanent disability placard. The reason for the change is to recognize the role of physical therapists in evaluating patients' conditions and enabling them to access the appropriate plates, placards, or decals.

HB 498 by Martin and SB 721 by Massey - exempts patients receiving initial behavioral health evaluations from the current telehealth requirements that mandate an existing in-person relationship with a practitioner. It also allows all twelve annual visits by collaborating physicians to telemedicine practices to be conducted remotely. The changes aim to provide rapid access to behavioral health evaluations and ensure that practitioners using telehealth services are operating within existing statutes. The exemption will allow physicians to maintain communication with licensees they practice with and meet the requirements of state law.

SB672 by Reeves and HB1051 by Vaughan - aims to ensure timely care for mental health patients and improve emergency department throughput by allowing qualified psychiatric advanced practice nurses and physician assistants to complete the second signature on certificates of need for involuntary emergency admission to mental health hospitals, provided the first signature is completed by a physician. This helps address the shortage of psychiatrists in the state and leverages the skills and training of other qualified healthcare professionals while maintaining the criteria for emergency involuntary admissions unchanged. The bill is supported by the Tennessee Hospital Association (THA), Tennessee Psychiatric Association (TPA), and Tennessee Medical Association (TMA).

TAMHO Supports SB 721 by Massey HB 498 by Martin - The telehealth parity act requires that before a telehealth encounter can occur, the patient must have an existing relationship with their practitioner and an in-person encounter within the last 16 months. The legislation removes the 16-month prior in person encounter. Rapid access to an evaluation can be life-saving for those in need of mental health and addiction care. The current statute does not accommodate the need to rapidly evaluate a client when necessary and clinically appropriate, stifling access to essential care.

In the News

Tennessee Faith and Freedom Coalition Presents Attorney General Jonathan Skrmetti with Defender of Freedom Award
The Tennessee Faith and Freedom Coalition (TNFFC) recently awarded Tennessee Attorney General Jonathan Skrmetti one of its Defender of Freedom awards. The award, according to TNFFC, is used to “recognize contributions made by recipients who go above and beyond the call of duty making contributions to protect the rights, freedoms and values of the citizens of the great state of Tennessee.”
Tennesseestar.com - May 05, 2023

Legal challenges keeping some laws from taking effect in Tennessee
NASHVILLE, Tenn. (WKRN) — While the Tennessee General Assembly is empowered to pass laws, not every law passed is able to move forward as written. Some laws get tied up in court over legal challenges, as is the case with a couple bills passed this legislative session.
wkrn.com - May 04, 2023

Flurry of late-session Tennessee bills await Lee's approval
(The Center Square) – A flurry of legislative action before Tennessee closed its session April 21 has left a stack of passed bills either on Gov. Bill Lee’s desk or headed there.
Once a bill is passed, it needs to be signed by both House Speaker Cameron Sexton and Senate Speaker Randy McNally before it heads to Lee’s desk. Then Lee has 10 days, not counting Sundays, to either sign or veto a bill or it will become law without his signature. Since the Legislature is not in session, bills are then sent to the Tennessee’s Secretary of State. 
thecentersquare.com - May 01, 2023

Tennessee Celebrates Teacher Appreciation Month in May
Nashville, TN—Throughout the month of May, especially the week of May 8-12, the Tennessee Department of Education invites all Tennesseans to celebrate Teacher Appreciation Month, Week, and Day and will highlight all the impactful work our teachers are doing across the state.
tn.gov - May 01, 2023

Tennessee Lookout’s Inaugural Niceley Awards Highlights Gaffes from State Leaders
For years, Republican state Sen. Frank Niceley of Strawberry Plains has been a walking Tennessee gaffe machine, a man who provides fodder for the Capitol Hill Press Corps legislative session after legislative session. 
We’ve been able to count on Niceley to advocate for cockfighting, a bloody sport in which two roosters — armed with metal spurs — fight to the death, or near death. Niceley defended the sport by calling it a “cultural tradition” and claiming, erroneously, that President Abraham Lincoln partook of the sport. 
memphisflyer.com - May 01, 2023

Analysis: Could gun reform really come to Tennessee in legislature's special session?
After lawmakers adjourned without passing – or even voting on – proposals to keep guns out of the hands of people deemed a danger to themselves others, Gov. Bill Lee says he will call lawmakers back to the state Capitol to take up gun reform.
tennessean.com - May 01, 2023

Davidson County Election Commission sets special election dates for Justin Jones’ seat
NASHVILLE, Tenn. (WKRN) — The dates have been set for the special elections for the 52nd District seat, the Davidson County Election Commission announced Tuesday.
The seat belongs to Rep. Justin Jones, who was expelled from it by the Tennessee General Assembly before being reappointed to it by the Metro Nashville Council three days later. He currently holds the seat on an interim basis. The primary election will be held June 15, followed by the general election Aug. 3.
wkrn.com - April 25, 2023

Dates announced for special election to fill former state Rep. Scotty Campbell’s seat
NASHVILLE, Tenn. (WJHL) — The dates are set for the special primary and general elections to fill former state Rep. Scotty Campbell’s seat.
wjhl.com - April 25, 2023

Nashville prosecutor wants search warrant unsealed, alleges conflict of interest in AG’s office
Nashville District Attorney General Glenn Funk is calling for records relating to the recent search of his offices to be unsealed. He is also calling it a conflict of interest for Attorney General Jonathan Skrmetti’s office to be leading the probe into whether improper recording devices were used outside Funk’s offices.
Onthehill.tnjournal.net - May 03, 2023