Amends TCA Title 39 and Title 71.
ON APRIL 27, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 439, AS AMENDED. AMENDMENT #1 adds to the present law governing vulnerable adult protective investigative teams. Present law requires the district attorney general of each judicial district to establish, or cause to be established, a vulnerable adult protective investigative team (VAPIT). Under present law, by January 31 of the following year, each district attorney general must cause to be filed an annual report that summarizes the work of the VAPIT for the previous calendar year with the chairs of the judiciary committee of the senate and the judiciary committee of the house of representatives. This amendment changes the reference to the house committee from "judiciary" to "criminal justice" and adds that by January 31 of each year, the department must report the following information from the adult protective services program to the chairs of the judiciary committee of the senate and the criminal justice committee of the house of representatives: (A) The number of reports received for investigation by type, such as emotional abuse, physical abuse, sexual abuse, neglect, self-neglect, and financial exploitation; (B) The number of reports assigned for investigation by type, such as emotional abuse, physical abuse, sexual abuse, neglect, self-neglect, and financial exploitation; (C) The number of reports not assigned due to not meeting criteria for adult protective services investigation by type, such as emotional abuse, physical abuse, sexual abuse, neglect, self-neglect, and financial exploitation; (D) The number of final investigative dispositions of cases obtained in the current reporting year by type of disposition as follows: (i) Unsubstantiated, closed, no services provided; (ii) Substantiated, closed, client refused services; (iii) Substantiated, closed, no services provided; or (iv) Substantiated, closed, services provided; (E) Demographic information, including age and gender of clients, in cases that are included in item (D); and (F) Relationship to the victim of perpetrators identified in cases that are included in item (D) and that are not related only to self-neglect. ON APRIL 27, 2022, THE HOUSE SUBSTITUTED SENATE BILL 439 FOR HOUSE BILL 630, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 439, AS AMENDED. AMENDMENT #2 requires the executive director of the commission on aging and disability to: (1) Establish and maintain a registry containing the names and addresses of unlicensed facilities that have been determined by a state agency to be providing care to elderly or vulnerable persons without maintaining the appropriate licensure; and (2) Publish the registry on the commission's website. This amendment requires a state agency that finds that a person or facility is operating an unlicensed facility to notify the executive director within five business days of finding. Within five business days of receipt of such notice, the executive director must publish information concerning the unlicensed facility on the registry. A person or facility published on the registry may appeal the publication to the executive director in accordance with the contested case provisions of the Uniform Administrative Procedures Act. If the executive director finds that an unlicensed facility continued to operate after placement on the registry, then the executive director may seek injunctive relief in Davidson County chancery court. On or after July 1, 2022, it will be a Class D felony for a person or facility to operate a facility after notification of publication on the registry. A state agency that notified the executive director of a finding that a facility was operating without a license may later recommend to the executive director the removal of a person or facility's information from the registry, if: (1) The state agency finds that the original notice to the executive director was in error; or (2) The facility has applied for and obtained the necessary licensure. ON APRIL 28, 2022, THE SENATE NONCONCURRED IN HOUSE AMENDMENT #2. ON APRIL 28, 2022, THE HOUSE REFUSED TO RECEDE FROM ITS ACTION IN ADOPTING AMENDMENT #2. ON APRIL 28, 2022, THE SENATE REFUSED TO RECEDE IN ITS NONCONCURRENCE IN HOUSE AMENDMENT #2, AND APPOINTED A CONFERENCE COMMITTEE. ON APRIL 28, 2022, THE HOUSE APPOINTED A CONFERENCE COMMITTEE. ON APRIL 28, 2022, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE. ON APRIL 28, 2022, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.
ON APRIL 27, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 439, AS AMENDED. AMENDMENT #1 adds to the present law governing vulnerable adult protective investigative teams. Present law requires the district attorney general of each judicial district to establish, or cause to be established, a vulnerable adult protective investigative team (VAPIT). Under present law, by January 31 of the following year, each district attorney general must cause to be filed an annual report that summarizes the work of the VAPIT for the previous calendar year with the chairs of the judiciary committee of the senate and the judiciary committee of the house of representatives. This amendment changes the reference to the house committee from "judiciary" to "criminal justice" and adds that by January 31 of each year, the department must report the following information from the adult protective services program to the chairs of the judiciary committee of the senate and the criminal justice committee of the house of representatives: (A) The number of reports received for investigation by type, such as emotional abuse, physical abuse, sexual abuse, neglect, self-neglect, and financial exploitation; (B) The number of reports assigned for investigation by type, such as emotional abuse, physical abuse, sexual abuse, neglect, self-neglect, and financial exploitation; (C) The number of reports not assigned due to not meeting criteria for adult protective services investigation by type, such as emotional abuse, physical abuse, sexual abuse, neglect, self-neglect, and financial exploitation; (D) The number of final investigative dispositions of cases obtained in the current reporting year by type of disposition as follows: (i) Unsubstantiated, closed, no services provided; (ii) Substantiated, closed, client refused services; (iii) Substantiated, closed, no services provided; or (iv) Substantiated, closed, services provided; (E) Demographic information, including age and gender of clients, in cases that are included in item (D); and (F) Relationship to the victim of perpetrators identified in cases that are included in item (D) and that are not related only to self-neglect. ON APRIL 27, 2022, THE HOUSE SUBSTITUTED SENATE BILL 439 FOR HOUSE BILL 630, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 439, AS AMENDED. AMENDMENT #2 requires the executive director of the commission on aging and disability to: (1) Establish and maintain a registry containing the names and addresses of unlicensed facilities that have been determined by a state agency to be providing care to elderly or vulnerable persons without maintaining the appropriate licensure; and (2) Publish the registry on the commission's website. This amendment requires a state agency that finds that a person or facility is operating an unlicensed facility to notify the executive director within five business days of finding. Within five business days of receipt of such notice, the executive director must publish information concerning the unlicensed facility on the registry. A person or facility published on the registry may appeal the publication to the executive director in accordance with the contested case provisions of the Uniform Administrative Procedures Act. If the executive director finds that an unlicensed facility continued to operate after placement on the registry, then the executive director may seek injunctive relief in Davidson County chancery court. On or after July 1, 2022, it will be a Class D felony for a person or facility to operate a facility after notification of publication on the registry. A state agency that notified the executive director of a finding that a facility was operating without a license may later recommend to the executive director the removal of a person or facility's information from the registry, if: (1) The state agency finds that the original notice to the executive director was in error; or (2) The facility has applied for and obtained the necessary licensure. ON APRIL 28, 2022, THE SENATE NONCONCURRED IN HOUSE AMENDMENT #2. ON APRIL 28, 2022, THE HOUSE REFUSED TO RECEDE FROM ITS ACTION IN ADOPTING AMENDMENT #2. ON APRIL 28, 2022, THE SENATE REFUSED TO RECEDE IN ITS NONCONCURRENCE IN HOUSE AMENDMENT #2, AND APPOINTED A CONFERENCE COMMITTEE. ON APRIL 28, 2022, THE HOUSE APPOINTED A CONFERENCE COMMITTEE. ON APRIL 28, 2022, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE. ON APRIL 28, 2022, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.
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