Disabled Persons - As enacted, authorizes a residential facility for persons with disabilities to operate in the eastern grand division of this state under an existing residential pilot program authorizing such facilitie, the official text

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PUBLIC CHAPTER NO. 303

SENATE BILL NO. 110

                                            By Lowe, Powers

Substituted for: House Bill No. 133

By Raper, Hale, Howell, Helton-Haynes, White

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

          (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;.
SB 110
          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 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.

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         SENATE BILL NO. 110

PASSED:  April 16, 2025

                 .u ~~14l ~ ~ \ , . .
                         \           RANDY Mc~LLY

                            SPEAKER OF THE SENATE

                         CAMERCJNa<JEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

~ APPROVED this  day o f ~           2025

                   UL~

                 BILL LEE, GOVERNOR