reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 6 - VOCATIONAL REHABILITATION OF THE BLIND (§§ 71-4-601 — 71-4-612) › Section 71-4-605 - Types of services - Workshops - Federal funds - Gifts

(a)
All rehabilitation services, as defined in this part, may be provided under this part to eligible blind handicapped individuals, and in any event, such services shall include training, maintenance, placement, guidance and physical restoration services.
(b)
Within such limits and under such conditions as may be specified in appropriations for rehabilitation facilities and workshops for the blind, the department may establish rehabilitation facilities and workshops for the blind.
(c)
(1)
Appropriations, federal grants and donations for vocational rehabilitation services for the blind, unless otherwise restricted, shall be available for all vocational rehabilitation services for the blind provided under the state plan for the blind, and for the acquisition of vending stands or other equipment and initial stocks, including livestock, and supplies for use by blind individuals in any type of small business, the operation of which will be improved through management and supervision by the division.
(2)
State appropriations and donations for vocational rehabilitation of the blind shall likewise be available for the purpose, whenever federal funds are made available to the state under § 3 of the federal vocational rehabilitation of the blind amendments of 1954, for initiating projects for the extension and improvement of vocational rehabilitation services for the blind, or under § 4 of such act for projects for research, demonstrations, training and traineeships, and for planning for an initiating expansion of vocational rehabilitation services for the blind under the state plan for the blind.
(3)
The general assembly shall appropriate for vocational rehabilitation of the blind such sums as are necessary, along with available federal and other funds, to carry out the purposes of this part. The acceptance of such federal and other funds, and their use for vocational rehabilitation of the blind, subject to such restrictions as may be imposed by the donor and are not inconsistent with this part, is hereby authorized.
(d)
The state treasurer is hereby designated as the custodian of all funds received from the federal government for the purpose of carrying out any federal statutes pertaining to the vocational rehabilitation of the blind.
(e)
The director is hereby authorized and empowered with the approval of the commissioner to accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this part. Gifts made under such conditions, as in the judgment of the commissioner are proper and consistent with this part, may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift.
Acts 1955, ch. 243, § 5; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-629, 14-14-405.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 6 - VOCATIONAL REHABILITATION OF THE BLIND (§§ 71-4-601 — 71-4-612) › Section 71-4-606 - Federal employees included

Rehabilitation services provided under the state plan for the blind shall be available to any blind civil employee of the United States disabled while in the performance of the blind civil employee's duty, on the same terms and conditions as apply to other persons.
Acts 1955, ch. 243, § 6; T.C.A., §§ 14-630, 14-14-406.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 6 - VOCATIONAL REHABILITATION OF THE BLIND (§§ 71-4-601 — 71-4-612) › Section 71-4-607 - Administration - Personnel - Rules and regulations

(a)
The department is hereby authorized to adopt and promulgate rules and regulations with respect to methods of administration, use of medical and other records of individuals who have been provided vocational rehabilitation services for the blind, and the establishment and maintenance of personnel standards, including provisions relating to the tenure, appointment and qualification of personnel, which shall govern with respect to such matters notwithstanding any other law; provided, that such activities must conform with any applicable rules and regulations of the department of human resources.
(b)
The department of human services is also authorized and directed to adopt and promulgate rules and regulations respecting:
(1)
The establishment and maintenance of minimum standards governing the facilities and personnel utilized in the provision of vocational rehabilitation services for the blind; and
(2)
The order to be followed in selecting those to whom vocational rehabilitation services are to be provided in situations where such services cannot be provided to all eligible blind people.
Acts 1955, ch. 243, § 7; impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, § 4; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., §§ 14-631, 14-14-407.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 6 - VOCATIONAL REHABILITATION OF THE BLIND (§§ 71-4-601 — 71-4-612) › Section 71-4-609 - Maintenance not transferable - Exempt from creditors

The right of a blind individual to maintenance under this part shall not be transferable or assignable at law or in equity, and shall be exempt from the claims of creditors.
Acts 1955, ch. 243, § 9; T.C.A., §§ 14-633, 14-14-409.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 6 - VOCATIONAL REHABILITATION OF THE BLIND (§§ 71-4-601 — 71-4-612) › Section 71-4-610 - Hearing on grievances

Any blind individual applying for or receiving vocational rehabilitation who is aggrieved by any action of the vocational rehabilitation service for the blind shall be entitled in accordance with regulations promulgated by the commissioner to a fair hearing, and the decision so made after such hearing shall be final.
Acts 1955, ch. 243, § 10; T.C.A., §§ 14-634, 14-14-410.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 6 - VOCATIONAL REHABILITATION OF THE BLIND (§§ 71-4-601 — 71-4-612) › Section 71-4-611 - Illegal use of lists - Penalty

(a)
It is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies of the state, or acquired in the course of the performance of official duties.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1955, ch. 243, § 11; T.C.A., §§ 14-635, 14-14-411; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 6 - VOCATIONAL REHABILITATION OF THE BLIND (§§ 71-4-601 — 71-4-612) › Section 71-4-612 - Veterans education benefits

Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part.
Acts 2003, ch. 239, § 4.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 7 - PURCHASE OF GOODS AND SERVICES FROM PERSONS WITH DISABILITIES (§§ 71-4-701 — 71-4-705) › Section 71-4-701 - Purpose - Applicability

(a)
The purpose of this part is to further the policy of the state to encourage and assist individuals with severe disabilities to achieve maximum personal independence through useful, productive, and gainful employment by assuring expanded competitive integrated employment opportunities, thereby enhancing their dignity and capacity for self-support and realizing independence and self-sufficiency.
(b)
This part applies to all governmental entities that are supported in whole or in part by the general assembly.
Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020.
Acts 1991, ch. 499, § 1; 1996, ch. 827, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 7 - PURCHASE OF GOODS AND SERVICES FROM PERSONS WITH DISABILITIES (§§ 71-4-701 — 71-4-705) › Section 71-4-704 - Central nonprofit agency - Designation - Functions and operations - Fee

(a)
The functions and operations of the designated central nonprofit agency include, but are not limited to, the following:
(1)
Ensure that the priorities for orders from governmental entities are maintained under this part and that opportunities are provided to individuals with severe disabilities to pursue competitive integrated employment;
(2)
Evaluate the qualifications and capabilities of entities for production of commodities or performing services. The central nonprofit agency must assure that individuals with severe disabilities are receiving competitive integrated employment in the production of commodities or performance of services. At a minimum, fifty percent (50%) of the hours worked on the production of commodities or performing services in the program are required to be provided by individuals with severe disabilities. Hours worked by supervisors with severe disabilities are to be included in the determination;
(3)
Recommend with appropriate justification, including recommended prices, suitable commodities or services for procurement and, as market conditions change, recommend price changes or revisions;
(4)
Fulfill or distribute and allocate, by subcontract or any other means, orders from governmental entities; and
(5)
Maintain the necessary records and monitor data on the entities to ensure compliance in the production of commodities and performance of services.
(b)
The central nonprofit agency shall charge a fee for fulfilling the orders. This fee must not exceed rates approved by the committee. The fee must be factored as an administrative expense into the overall cost.
Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020.
Amended by 2014 Tenn. Acts, ch. 739, s 3, eff. 7/1/2014.
Acts 1991, ch. 499, § 1; 1996, ch. 827, §§ 11, 12; 2002, ch. 526, § 10; 2011 , ch. 295, §§ 16, 19.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 7 - PURCHASE OF GOODS AND SERVICES FROM PERSONS WITH DISABILITIES (§§ 71-4-701 — 71-4-705) › Section 71-4-705 - Cooperation between committee and governmental entities - Annual report of committee

(a)
In furtherance of the purposes of this part and in order to contribute to the economy of state government, it is the intent of the general assembly that there be close cooperation between the committee and any state governmental entity from which procurement of commodities or services is required under the law currently in effect. The central nonprofit agency may enter into cooperative agreements, contracts, or other arrangements as may be determined to be necessary for the effective coordination and efficient realization of the objectives of this part.
(b)
The committee shall annually report, on or before December 31, to the governor and to each member of the general assembly concerning the number of governmental entities participating in the program, the total dollar amount of purchases, and any other information the committee deems appropriate.
Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020.
Amended by 2014 Tenn. Acts, ch. 739, s 4, eff. 7/1/2014.
Acts 1991, ch. 499, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-801 - Short title

This part shall be known and may be cited as "The Achieving a Better Life Experience (ABLE) Act."
Acts 2015, ch. 470, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-802 - Purpose of part

The purpose of this part is to authorize the establishment of a qualified ABLE program as an agency or instrumentality of the state to assist an eligible individual in saving money to meet the eligible individual's qualified disability expenses. The intent of the program is to encourage and assist individuals and families to save private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life.
Acts 2015, ch. 470, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-804 - Trustees of qualified ABLE program - State treasurer authorized to establish qualified ABLE program - Program revenues

(a)
The commissioner of finance and administration, the chair of the finance, ways and means committee of the senate, the chair of the finance, ways and means committee of the house of representatives, and the state treasurer shall serve as trustees for a qualified ABLE program that may be established pursuant to this part.
(b)
The state treasurer is authorized to establish a qualified ABLE program. If the state treasurer establishes a qualified ABLE program, the state treasurer shall develop a plan that shall include provisions for the implementation, administration, operation, marketing, investment options, customer service, and investment management services for the plan, which shall be approved by the remaining trustees. The state treasurer may modify the terms of the plan with the concurrence of the commissioner of finance and administration.
(c)
All revenues collected by the program shall remain with the program. To the extent that the program has unused revenues during a given fiscal year, the unused revenues shall not revert to the general fund, but shall be carried forward to the next succeeding fiscal year or years, and shall be used to fund the program. For the purposes of this subsection (c), "revenues" include, but are not limited to, state appropriated funds, monetary gifts, grants, or any other monetary aids received by the program from public or private sources; however, "revenues" do not include the contributions and earnings in an ABLE account.
Amended by 2016 Tenn. Acts, ch. 793,s 5, eff. 4/12/2016.
Acts 2015, ch. 470, § 4.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-806 - Accounts established for eligible individuals - Notice to United States treasury department - Monthly electronic statements to social security administration

(a)
The qualified ABLE program that is established and maintained by the state as an agency or instrumentality thereof shall comply with all requirements of the code and shall:
(1)
Allow one (1) or more persons to make contributions for a taxable year into an account for the benefit of an eligible individual who is also the designated beneficiary during the taxable year. The designated beneficiary shall be an eligible individual at the time the account is established, at the time of any contribution to the account, and at the time of a distribution from an account for qualified disability expenses; and
(2)
Limit one (1) eligible individual or designated beneficiary to one (1) account.
(b)
The state treasurer shall submit a notice to the secretary of the United States department of the treasury at the time that an account is established. The notice shall contain the name and state of residence of the designated beneficiary and such other and further information as the secretary of the United States department of the treasury may require.
(c)
On a monthly basis, the qualified ABLE program shall submit electronic statements to the commissioner of the social security administration containing distributions and account balances from all accounts.
(d)
Contributions from a student's individualized education account to an achieving a better life experience account for the benefit of the student along with the earnings in the achieving a better life experience account may only be expended for the student's education expenses in accordance with this part, and the rules promulgated pursuant thereto, and the code.
Amended by 2016 Tenn. Acts, ch. 793,Secs.s2, s3 eff. 4/12/2016.
Acts 2015, ch. 470, § 6.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-807 - Administration of program by state treasurer

The state treasurer shall carry out the day-to-day operations and responsibilities of the program. The state treasurer shall exercise such powers, duties, and responsibilities contained in this part to implement the purpose of this part; may assign any duties and responsibilities to the state treasurer's staff or private vendors and contractors, as the state treasurer deems necessary and proper; and may consult with professionals as necessary about the administration of the program. The state treasurer may also establish policies, guidelines, and operating procedures in accordance with this part.
Acts 2015, ch. 470, § 7.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-808 - Authority to offer investment options to participants

Notwithstanding any other law to the contrary, the trustees shall be authorized to offer investment options to eligible individuals participating in the qualified ABLE program.
Acts 2015, ch. 470, § 8.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-809 - Authority of state treasurer to request assistance from and exchange data with other departments and agencies

In conjunction with the state treasurer's authority contained in this part, the state treasurer has the authority to request assistance from, and exchange data with, other departments and agencies of the state in carrying out the purpose and intent of this part and the requirements contained in the code, including, but not limited to, the office of vital records. Notwithstanding any other law to the contrary, the office of vital records shall provide the state treasurer with vital records information without charge.
Acts 2015, ch. 470, § 9.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-810 - Assets, income and distributions exempt from taxation, garnishment, attachment or assignment

Notwithstanding any other law to the contrary, all assets, income, and distributions of qualified ABLE programs as defined by the code, this part, or the laws of another state are exempt from any state, county, or municipal tax and shall not be subject to execution, attachment, or garnishment, nor shall any assignment thereof be enforceable in any court. This exemption shall include a qualified ABLE program defined in § 529A of the Internal Revenue Code (
26 U.S.C. § 529A
), and shall include any properly authorized payments made to or by such funds.
Acts 2015, ch. 470, § 10.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-811 - Suspension or termination of program

If the trustees determine that the program is financially infeasible or is not beneficial to the citizens of this state or the state itself, the trustees may suspend or terminate the program immediately.
Acts 2015, ch. 470, § 11.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-812 - Disclosure of personal information prohibited - Exceptions

(a)
Notwithstanding any other law to the contrary, the state shall not disclose personal information about any person obtained in connection with an account established under this part, except under the following circumstances:
(1)
To any individual or entity authorized by the eligible individual or the eligible individual's legal representative;
(2)
In compliance with a subpoena or a court order;
(3)
To the comptroller of the treasury or the comptroller's designees for the purpose of an audit;
(4)
To the internal revenue service, the United States department of the treasury, or the social security administration for the purpose of filing notices, reports, statements, or any other required documentation; or
(5)
In any administrative proceeding or court action involving the state, the department of the treasury, the state treasurer, or the remaining trustees relative to an account established under this part.
(b)
For the purposes of this section, "personal information" shall include, but not be limited to, social security number; bank account numbers; transit routing numbers; credit card numbers; debit card numbers; business or residential addresses; telephone or cell phone numbers; e-mail addresses; disability certifications or determinations; and medical records.
Acts 2015, ch. 470, § 12.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 8 - ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 71-4-813 - Death of beneficiary - Prohibited government actions

(a)
Following the death of an individual who is the designated beneficiary of a qualified ABLE account established under §
71-4-804(b)
, the state shall not:
(1)
Seek recovery of an account balance remaining in the designated beneficiary's account for medical assistance paid to or on behalf of the designated beneficiary on or after the date the participation agreement was entered into and the account was established for the designated beneficiary, except as required by federal law; or
(2)
File a claim for payment under § 529A(f) of the Internal Revenue Code of 1986 (
26 U.S.C. § 529A
).
(b)
Subsection (a) applies to the extent permitted pursuant to federal law, including § 529A of the Internal Revenue Code of 1986 (
26 U.S.C. § 529A
).
Added by 2023 Tenn. Acts, ch. 44, s 1, eff. 3/14/2023.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1101 - Short title

This part may be cited as the "Aid to the Disabled Act."
Acts 1953, ch. 16, § 18 (Williams, § 4765.170); T.C.A. (orig. ed.), §§ 14-401, 14-16-101.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Assistance" means money payments made to or in behalf of totally disabled persons in need, or medical care, or both, including hospitalization, outpatient care and treatment, nursing home care, drugs or any other type of remedial care recognized under state law in behalf of permanently and totally disabled persons in need, but does not include subdivisions (1)(A)-(1)(D) unless the federal Social Security Act (42 U.S.C.), is amended to include one (1) or more of the following:
(A)
Any such payments to or care in behalf of any individual who is an inmate of a public institution, except as a patient in a medical institution, or any individual who is a patient in an institution for tuberculosis or mental diseases;
(B)
Any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result of having tuberculosis or psychosis;
(C)
Any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that such person has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution as a result of such diagnosis, for forty-two (42) days; or
(D)
Is not an inmate of any private institution except such private institution as has been approved by the department at the time of receiving assistance;
(2)
"Department" means the department of human services;
(3)
"Permanently and totally disabled" means that the individual has been determined to have a permanent physical or mental impairment, disease or loss that substantially precludes the individual from engaging in useful occupations within the individual's competence, such as holding a job or homemaking. Such determinations shall be made in accordance with standards that shall be established by the department in consultation with an advisory committee, which committee shall include physicians nominated by the state medical society, and after review of the medical findings by a reviewing physician or physicians;
(4)
"Recipient" means a person who was receiving aid to the permanently and totally disabled benefits during the month of December, 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally provided supplemental security income benefits; and
(5)
"Regional director" means the director of a region, or a designated agent in a county office, under chapter 1, part 1, of this title.
Acts 1953, ch. 16, § 1 (Williams, § 4765.153); Acts 1957, ch. 117, § 15; 1965, ch. 9, § 1; 1973, ch. 337, § 3; 1974, ch. 628, § 7; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed), § 14-402; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-102.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1103 - Eligibility for assistance

Assistance shall be granted under this part to any permanently and totally disabled person who:
(1)
Is eighteen (18) years of age or older;
(2)
Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the state; provided, that temporary absence from the state, with subsequent returns to the state or intent to return when the purposes of the absence have been accomplished, shall not, for the purpose of this part, interrupt continuity of residence;
(3)
Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health, and whose spouse is not able to meet the person's needs as determined by the department's standards;
(4)
(A)
Is not an inmate of a public institution and:
(i)
Is not a patient in an institution for tuberculosis or mental diseases; or
(ii)
Is not a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis;
(B)
An inmate of any public institution ineligible under subdivision (4)(A) may, however, make application for such assistance, but the assistance, if granted, shall not begin until after such person ceases to be an inmate;
(5)
Within five (5) years immediately preceding application or during receipt of assistance, has not in order to evade any provision of this part made an assignment or transfer of property, the proceeds from which at the fair market value, irrespective of the actual consideration received, would under the state standards of need still be available to meet the needs of the individual. Any transfer of property to a husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister, brother-in-law, sister-in-law, nephew or niece, within the period above mentioned, shall be prima facie evidence that the transfer was made with the intent to evade the provisions of this part;
(6)
Is not receiving for the same month old-age assistance, aid to the blind, or aid to dependent children;
(7)
Was receiving aid to the permanently and totally disabled benefits during the month of December 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits.
Acts 1953, ch. 16, § 2 (Williams, § 4765.154); Acts 1955, ch. 30, § 1; 1955, ch. 125, § 1; 1957, ch. 81, § 3; 1957, ch. 116, § 2; 1965, ch. 9, § 2; 1967, ch. 51, §§ 1, 2; 1970, ch. 487, § 1; 1974, ch. 628, § 8; T.C.A. (orig. ed.), § 14-403; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-103.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1104 - Amount of assistance

The amount of assistance that any person shall receive in the form of supplementary payments shall be determined by an application of § 212(a) of Public Law 93-66, and rules and regulations made by the department establishing standards of need and allowable resources to the recipient's present personal and economic circumstances.
Acts 1953, ch. 16, § 3 (Williams, § 4765.155); modified; Acts 1957, ch. 22, § 5; 1957, ch. 117, § 16; 1961, ch. 27, § 1; 1965, ch. 9, § 3; 1967, ch. 51, § 3; 1973, ch. 303, § 18; 1974, ch. 628, § 9; T.C.A. (orig. ed.), §§ 14-404, 14-16-104.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1105 - Duties of department

The department shall:
(1)
Supervise the administration of assistance to the permanently and totally disabled under this part;
(2)
Make such rules and regulations and take such action as may be necessary or desirable for carrying out this part to the end that equitable treatment shall be afforded to individuals in similar circumstances. All rules and regulations made by the department shall be binding on the counties and shall be complied with by the respective regional directors;
(3)
Establish criteria for determining who is permanently and totally disabled within the meaning of §
71-4-1102
;
(4)
Establish standards for the determination of need of the individual including:
(A)
Statewide requirements essential to maintaining a minimum standard of economic security based on studies of current living costs;
(B)
Methods and procedures for measuring income and resources against such statewide requirements;
(C)
Property reserves that will not preclude eligibility for assistance under this part;
(5)
Employ personnel for the administration of this part in conformity with title 8, chapter 30, and the rules and regulations of the department of human resources;
(6)
Prescribe the form of and supply to the regional directors such forms as it may deem necessary and desirable;
(7)
Cooperate with the commissioner of social security, or any federal officer or agency made successor to the commissioner of social security, in any reasonable manner as may be necessary to qualify for federal aid for assistance to the permanently and totally disabled and in conformity with this part, including the making of such reports in such form and containing such information as the commissioner of social security may from time to time require, and comply with such provisions as such commissioner may from time to time find necessary to assure the correctness and verification of such reports; and
(8)
Publish an annual report and such interim reports as may be necessary.
Acts 1953, ch. 16, § 4 (Williams, § 4765.156); modified; Acts 1973, ch. 303, § 19; 1974, ch. 628, § 10; T.C.A. (orig. ed.), § 14-405; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-105; Acts 2012, ch. 800, § 49.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1106 - Duties of regional directors

The regional directors shall administer this part in the counties of their regions, subject to the rules and regulations prescribed by the department pursuant to this part, and shall report to the department at such times and in such manner as the department may direct.
Acts 1953, ch. 16, § 5 (Williams, § 4765.157); T.C.A. (orig. ed.), § 14-406; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-106.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1107 - Appeal to department

(a)
If any award of assistance is modified or cancelled under any provision of this part, the recipient may appeal to the department in the manner and form prescribed by it.
(b)
The department shall, upon receipt of such an appeal, give the recipient reasonable notice and opportunity for a hearing.
Acts 1953, ch. 16, § 9 (Williams, § 4765.161); Acts 1973, ch. 303, § 21; 1974, ch. 628, § 11; T.C.A. (orig. ed.), § 14-411; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-107.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1108 - Reconsideration of awards

(a)
All assistance grants in the form of money payments made under this part shall be reconsidered by the regional director, or a designated agent, as frequently as may be required by the rules and regulations of the department.
(b)
After such further investigation as the regional director, or a designated agent, may deem necessary or the department may require, the amount of assistance in the form of money payments may be changed or assistance may be entirely withdrawn if the recipient's circumstances have altered to warrant such action.
(c)
(1)
A recipient shall submit to a reexamination as to such recipient's permanent and total disability when required to do so by the regional director, or a designated agent, or the department.
(2)
A recipient shall also furnish any information bearing on such recipient's eligibility required by the regional director, or a designated agent, or by the department.
Acts 1953, ch. 16, § 10 (Williams, § 4765.162); Acts 1957, ch. 117, § 19; 1973, ch. 303, § 23; T.C.A. (orig. ed.), § 14-413; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-108.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1109 - Notice of change of status by recipient

(a)
If at any time during the continuance of assistance the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the county office of the receipt or possession of such property or income.
(b)
The regional director, or a designated agent, may, after investigation, either cancel the assistance or alter the amount of the money payments in accordance with the circumstances.
(c)
Any assistance paid after the recipient has come into possession of such property or income and in excess of such recipient's need as determined by the department's standards shall be recoverable in a suit by the state as a debt due to the state.
Acts 1953, ch. 16, § 11 (Williams, § 4765.163); Acts 1957, ch. 117, § 20; 1961, ch. 17, § 1; 1974, ch. 628, § 12; T.C.A. (orig. ed.), §§ 14-414, 14-16-109.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1110 - Removal of recipient from county

Any recipient who moves to another county in this state shall be entitled with the approval of the department to receive assistance in the county to which the recipient has moved, and the regional director, or a designated agent, of the county from which the recipient has moved shall transfer all necessary records relating to the recipient to the regional director, or a designated agent, of the county to which the recipient has moved.
Acts 1953, ch. 16, § 12 (Williams, § 4765.164); T.C.A. (orig. ed.), §§ 14-415, 14-16-110.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1111 - Amendment of law

All assistance granted under this part shall be deemed to be granted to be held subject to any amending or repealing act that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of such recipient's assistance being affected in any way by any amending or repealing act.
Acts 1953, ch. 16, § 17 (Williams, § 4765.169); T.C.A. (orig. ed.), § 14-416; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-111.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1112 - Assignment of benefits prohibited - Exemption from legal process

Assistance granted under this part shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.
Acts 1953, ch. 16, § 8 (Williams, § 4765.160); T.C.A. (orig. ed.), § 14-417; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-112.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1113 - Fraudulent devices - Penalty

A person who:
(1)
Knowingly obtains, or attempts to obtain, or aids or abets any persons to obtain, by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which such person is not entitled or assistance greater than that to which such person is justly entitled; or
(2)
With intent to defraud, aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance, without the consent of the department;
commits a Class E felony.
Acts 1955, ch. 30, § 2; T.C.A., §§ 14-431, 14-16-113; Acts 1989, ch. 591, § 106.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1114 - Charging disabled to file application - Illegal use of lists - Penalty

(a)
It is unlawful for any person, firm or corporation to directly or indirectly either charge or receive anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under this part.
(b)
It is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of, any list of names of, or any information concerning, persons applying for or receiving aid to the permanently and totally disabled, directly or indirectly derived from the records, papers, files or communications of the department or divisions of the department, or acquired in the course of the performance of official duties, except as provided by §§
71-1-117
and
71-1-118
.
(c)
A person violating this section commits a Class C misdemeanor.
Acts 1955, ch. 30, § 3; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A., § 14-432; Acts 1986, ch. 905, § 2; T.C.A., § 14-16-114; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 11 - AID TO DISABLED PERSONS - GENERAL FINANCIAL ASSISTANCE (§§ 71-4-1101 — 71-4-1115) › Section 71-4-1115 - Veterans education benefits

Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part.
Acts 2003, ch. 239, § 3.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 12 - AID TO DISABLED PERSONS - PERSONAL CARE SERVICE SUBSIDIES (§§ 71-4-1201 — 71-4-1210) › Section 71-4-1201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Division" means the division of vocational rehabilitation of the department of human services;
(2)
"Employed" means engaged in activity of thirty (30) or more hours per week for which the individual receives remuneration at a rate not less than the federal minimum wage;
(3)
"Family member" means an individual's parent, grandparent, sibling, child, spouse, spouse's parent, spouse's grandparent, spouse's sibling or spouse's child;
(4)
"Personal care assistance services" means services rendered at least five (5) days a week at the times of day that are required by an individual with a severe physical disability to become physically independent in connection with actual employment. These services include, but are not limited to, any or all of following:
(A)
Routine bodily functions, such as bowel or bladder care;
(B)
Dressing;
(C)
Preparation and consumption of food;
(D)
Moving into, out of, or turning in bed;
(E)
Routine bathing;
(F)
Ambulation; or
(G)
Any other similar activity of daily living as determined appropriate by the division; and
(5)
"Severe physical disability" means a functional loss of both arms and both legs, when it is anticipated that the loss will be permanent.
Acts 1986, ch. 905, § 3; T.C.A., § 14-16-201.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 12 - AID TO DISABLED PERSONS - PERSONAL CARE SERVICE SUBSIDIES (§§ 71-4-1201 — 71-4-1210) › Section 71-4-1202 - Authorized

The division shall subsidize personal care assistance services pursuant to this part for an individual eligible under §
71-4-1205
. Such subsidy for any individual shall not exceed forty (40) hours per week.
Acts 1986, ch. 905, § 4; T.C.A., § 14-16-202.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 12 - AID TO DISABLED PERSONS - PERSONAL CARE SERVICE SUBSIDIES (§§ 71-4-1201 — 71-4-1210) › Section 71-4-1203 - Eligibility

An individual is eligible for a personal care assistance services subsidy under this part if such individual:
(1)
Is eighteen (18) years of age or older;
(2)
Has a severe physical disability;
(3)
Is receiving or has received vocational rehabilitation services from the division;
(4)
Is employed or ready for employment;
(5)
Has a need documented under §
71-4-1205
for not less than fourteen (14) hours a week of personal care assistance service provided by a person other than a family member, which services are necessary to enable the individual to be employed;
(6)
Is not otherwise eligible for personal care assistance services under other state or federal programs;
(7)
Agrees to a periodic reevaluation of such individual's need for personal care assistance services and of the extent of that need;
(8)
Has no or insufficient personal income or other support from public services, family members or neighbors;
(9)
Agrees to recruit, hire, fire, and supervise the person who provides personal care assistance services to such individual; and
(10)
Qualifies under §
71-4-1206
.
Acts 1986, ch. 905, § 5; T.C.A., § 14-16-203.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 4 - PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES (§§ 71-4-101 — 71-4-2303) › Part 12 - AID TO DISABLED PERSONS - PERSONAL CARE SERVICE SUBSIDIES (§§ 71-4-1201 — 71-4-1210) › Section 71-4-1204 - Amount

(a)
The division shall determine the amount of subsidy provided under §
71-4-1202
by the following formula:
(1)
Individual's annual gross income, including social security disability income (SSDI), supplemental security income (SSI) and disability pensions;
(2)
Subtract federal and state income taxes paid from the amount in subdivision (a)(1);
(3)
Subtract standard federal personal and state income tax exemptions from the remainder in subdivision (a)(2);
(4)
Subtract F.I.C.A. or mandatory pension contributions from the remainder in subdivision (a)(3);
(5)
Subtract impairment related work expenses that are incurred by the individual in order to function on a job and that are not reimbursed by a third party from the remainder in subdivision (a)(4);
(6)
Divide the remainder in subdivision (a)(5) by two (2); and
(7)
Subtract four thousand eight hundred dollars ($4,800) from the quotient in subdivision (a)(6).
(b)
If there is no income remaining after application of the formula in subsection (a), the division shall subsidize full cost for personal care assistance services provided to that individual.
(c)
If there is income remaining after application of formula in subsection (a), the cost to the division for personal care services provided to that individual shall be reduced by the amount of that income.
(d)
This program may supplement any other program for which the individual is eligible.
Acts 1986, ch. 905, § 6; T.C.A., § 14-16-204.