May 1, 2003

 TennCare: Can it Survive Another Year?

Norris TennCare 'Fix-It-or-Switch-It' Bill Provides Option

NASHVILLE--Senator Mark Norris (R-Collierville) worked Senate Bill 998, the TennCare Stabilization and Wind-Down Bill, through the Senate Commerce, Labor and Agriculture Committee Tuesday with the bare 5 votes necessary on the 9-member committee.

          "I appreciate the support of a majority of the Senate Commerce Committee for its recommendation of this vital bill," stated Senator Norris.  "The opposition, if we can call it that, from the administration seemed almost half-hearted.  I suspect that is because with this bill we are giving the governor and the administration exactly was he's asked for -- the opportunity to use his healthcare experience and either fix the TennCare Program so that it works which we would all like to see or else, if he cannot save TennCare, pull the plug on the program and try something else that can work.

"Either way the administration chooses to go, it's time to stop robbing the other state programs to fund the failed TennCare Program.  Higher education in particular has suffered from the diversion of funds for a program implemented by executive order and not enacted into law by the legislature.  The TennCare Program has not been accountable either to the people or to the legislature.  Its problems are legendary going back to the very origins of the program.  Less than 90 days after TennCare began by fiat order of the executive branch, The Commercial Appeal reported in its March 30, 1994, Legislative Briefs about the killing off of six TennCare-related bills.  It states: 'The bills, which would have made changes in Gov. Ned McWherter's TennCare health reform program, are all opposed by the McWherter administration, which is urging legislators to give the problem-plagued program more time to work.'

          "I assert that the 'problem-plagued program' has been given more than enough time to work.  It's time for someone to fix it or switch it," concluded Senator Norris.

The TennCare Wind-Down Bill looks for a TennCare Viability Report by Jan 15, 2004, and updates on flexibility in the program under federal law.  If the Viability Report cannot state conclusively that the TennCare Program can be saved, it requires a plan of action for Winding Down the TennCare Program, including a pro forma wind-down budget, and an outline of an alternative program.

The previous week when the bill was first heard in committee, one frustrated committee member cited a Fiscal Note for the bill which states: "The TennCare Bureau could not provide information on the number of out of network emergency room visits but believes there are a substantial number each year."

This shockingly striking example was given as an illustration of the almost decade-long history of legislators being unable to obtain valid numbers for the true costs of the TennCare Program so that it is accountable to taxpayers.

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Bill Seeks Cost-Savings for Higher Ed

SB 1288/HB 1282, sponsored by Senator Rusty Crowe (R-Johnson City) and Senate Education Chairman Randy McNally (R-Oak Ridge), passed unanimously through the full Senate Monday to provide more cost-efficient group purchasing procedures by institutions of higher education in order to achieve a cost-savings of 10% to 20% of purchases.

          The measure allows the colleges and universities to participate in group purchasing in ways that can achieve a substantial savings of 1% to 2% of their gross budget annually.

          This new option for higher education makes volume discounts available for the purchase of goods and services through a group purchasing organization.

"In these tight fiscal times when our colleges and universities are being asked to do more with less, it is absolutely essential that we provide them proven cost-saving options," said Senator Crowe.  "The healthcare industry has achieved significant operational savings through the group purchasing alternative and this legislation will allow higher education in Tennessee to benefit from a similar partnership.

"We hope that through regular use of group purchasing that higher education can reduce operational costs without compromising the quality of their educational missions."

SB 1288/HB 1282 requires that group purchasing organizations employ and certify competitive processes to obtain the most competitive bid or proposal for goods and services offered, considering price, quality and service.

Senators Jeff Miller (R-Cleveland), Bill Ketron (R-Murfreesboro), Jim Bryson (R-Williamson County), and Tim Burchett (R-Knoxville) are co-sponsors of SB 1288.

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Ramsey Plan Restores State-Shared Taxes

Senate Republican Caucus Chairman Ron Ramsey (R-Blountville) has worked with other members to try and put together a plan to restore the state-shared tax cuts that are proposed in the governor's recommended budget.

Senator Ramsey presented the plan to the Senate Republican Caucus this week.  To restore the $60.7 million in cuts to state-shared taxes, Senator Ramsey proposes an additional 1% cut in departmental budgets for a savings of $31.2 million.  Also, a cut of 9% in the proposed $327-plus million increase in the state appropriation to TennCare provides another $29.5 million, for the needed total of $60.7 million. 

"This would still be the largest budgeted increase in the state appropriation to TennCare," stated Senator Ramsey.

"This plan builds on some of the work that started with Senator Clabough's 90% solution and modifies it to pick up some additional support from other members.  Governor Bredesen has gone from 2.5% to 5.0% to 7.5% to 9.0% and now has even proposed 'deeper cuts' to the budget.  The  'magic number' seems to be 10%.  It balances the budget in a sound, responsible manner," concluded Senator Ramsey.

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Resolution Urges Libraries to Obtain Parental Consent

Senator Mae Beavers (R-Mt. Juliet) passed Senate Joint Resolution 205 with the unanimous consent of all 33 Senators on Monday to urge public library boards to require public libraries to obtain parental consent prior to allowing a minor to check out "R" or "NC-17" rated library materials.

        "This library resolution was brought to me by a teenager who had been able to check out an R-rated movie from one of the local libraries.  She was concerned that teenagers were able to go to the library and get that kind of material.  After we filed a bill to change the law, she approached the same library and they voluntarily changed their policy," stated Senator Beavers.  "As a result, we decided that an urging resolution would bring it to the library boards' attention and that might perhaps take care of the problem.  I think the parents should have a say in what their child is able to check out from the library."

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Abortion Language Amendment Passes Committee

Senator David Fowler (R-Signal Mountain) quickly moved Senator Joint Resolution 127, his proposed Abortion Language Amendment to the Tennessee Constitution, through the Senate Judiciary Committee Tuesday.  He garnered all five votes of the committee members then present.  SJR 127 would allow the people to decide in a referendum in November 2006 on whether to add a new provision to Article I of the state Constitution to provide that "Nothing in this Constitution secures or protects a right to abortion or the funding thereof."

          "It's encouraging to know that support in the Senate is so strong.  The people should have a say in this matter and the Tennessee Supreme Court was just wrong to cut off all debate by its de facto amendment of our Constitution," stated Senator Fowler. 

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Senate Floor Actions

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HB 470/SB 276 by Senator Burchett passed by unanimous consent of the Senate Monday to extend the right of access to public accommodations for dog guides in training to dogs being raised or socialized under the authority of an accredited school for training dog guides.

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HB 1319/SB 1503 by Senator Crowe passed by unanimous consent of the Senate Monday to specify that certain criminal history records check requested by home care organizations shall be jointly performed by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation.

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SB 1560/HB 1173 passed by unanimous consent of the Senate Monday to authorize funding for a consortium of historically black colleges and universities, subject to appropriation, to be used toward strategic economic development objectives of the consortium, the state, and participating private industry, and to authorize and direct the Department of Economic and Community Development and THEC to assist the consortium in meeting its key objectives.

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SB 1627/HB 1886 passed by unanimous consent of the Senate Monday to require the State Board of Education, with the assistance of the Commissioner of Education, to study and propose plans to recruit and retain highly qualified licensed elementary and secondary teachers in key academic fields in which there are critical shortages.  The board and commissioner would report alternatives to the Senate and House Education Committees before the General Assembly returns in January 2004.

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SB 1816/HB 1903 by Senator Crowe passed by unanimous consent of the Senate Monday to authorize emergency medical services board to conduct criminal background checks on applicants for licenses as EMTs and EMT-Ps.

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SB 1817/HB 1939 by Senator Crowe passed by unanimous consent of the Senate Monday to exclude the value of federal veterans education benefits from eligibility determinations for public assistance programs to the extent that is permitted by federal law.

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HB 2046/SB 1950 passed by unanimous consent of the Senate Monday to require persons applying for a commercial aerial applicator license to first obtain certification in the category of pesticides that they intend to apply, to impose other requirements on licensed aerial applicators, and to increase the punishment for a violation of aerial application provisions.

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SB 1023/HB 669 passed unanimously through the Senate Monday to enact the "Consumer Protection Act for Wheeled Mobility."

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SB 1029/HB 1545 passed through the Senate Monday in a 30-2 vote to extend the life of the Southern Dairy Compact until 2009.  Senators Burchett and Bryson co-sponsor the bill.

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SB 1332/HB 977, The Med Bill with Senator Curtis Person (R-Memphis) as a co-sponsor, passed the Senate Monday in a 30-2 vote to help protect the regional medical services provided by The Med in Shelby County by placing them under the protection of the Tennessee Governmental Tort Liability Act.

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HB 1342/SB 1387, a Physician Residency Bill, passed through the Senate Monday to authorize the Commissioner of Health to promulgate public necessity rules and regulations for a foreign residence requirement waiver in order to improve health care opportunities in underserved areas.  Based upon criteria to be determined by the commissioner, such rules and regulations would be allowed to establish the types and numbers of primary care and specialty providers and to designate priority areas of the state for the placement of aliens who meet the requirements of federal law.  According to the bill summary, present federal law requires that foreign physicians seeking to pursue graduate medical education or training in the United States obtain a J-1 exchange visitor visa.  The J-1 visa allows physicians to remain in the U.S. until their studies are completed.  However, upon completion of their studies, the physicians must return to their home countries for at least two years before they may return to the U.S.  Changes in federal law allow each state to sponsor up to 30 foreign-trained physicians each fiscal year.  The "State 30" program, as it is commonly referred to, affords J-1 visa holders the privilege of waiving their two-year foreign residency requirement in exchange for providing primary medical care in federally designated Health Professional Shortage Areas.

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SB 1518/HB 1070 by Senator Ramsey passed unanimously through the Senate Monday to change the title of unemployment appeals referees to unemployment hearing officers.

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HB 28/SB 1636 passed unanimously through the Senate Monday to clarify that an institution of higher education cannot prohibit a sorority from locating and maintaining a residential house on campus if that institution permits fraternity houses on campus and to require that rules applying to sororities can be no less stringent than those applying to fraternity houses.

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SB 1664/HB 889 by Senator Person passed unanimously through the Senate Monday to require the State Board of Education to make recommendations concerning the weight of textbooks used by students in elementary and secondary school on or before July 1, 2004.  The board would submit these recommendations to the General Assembly on an annual basis.

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SB 1721/HB 1417, by Senators Bill Clabough (R-Maryville) and Miller, passed unanimously through the Senate Monday to establish how escrow monies are to be handled for vacation lodging services.

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SB 1733/HB 1891 by McNally passed unanimously through the Senate Monday to require all public and private institutions of learning to provide new students information on Hepatitis B infections and vaccinations.

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SB 1820/HB 1781, the Day Care Rule Bill, passed 27-6 through the Senate Monday to rescind the reduction in ratios for day care for certain age groups.  Senator Burchett is a co-sponsor of the bill.

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SB 2018/HB 2098, the BlueCross/HCA Compromise Bill by Senator Clabough, passed unanimously through the Senate Monday to settle a health care industry issue as agreed upon by the parties.  Part of the compromise includes requiring BlueCross to adhere to reporting standards as any other company would be required to do, one-year advance notification of an intent to convert to a for-profit status, and the Board of Directors shall meet the same criteria as a non-profit board.

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HB 538/SB554, the Volunteer Firefighters Bill by Senator Clabough, passed through the Senate Wednesday by a 25-3-1 vote to prohibit an employer from terminating an employee who is a volunteer firefighter and who misses work or is late to work in order to respond to an emergency.  The employee must attempt to notify the employer, if possible.  Senator Ketron co-sponsors SB 554.

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HB 1274/SB897 by Senator Clabough passed unanimously through the Senate Wednesday to make changes to motor vehicle dealer and agent provisions relative to automobile auctions.

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SB 128/HB 452 passed through the Senate Wednesday by a 32-0-1 vote to provide statutory reciprocity for gun-permit holders with states which grant Tennesseans the same reciprocity.  Senators Miller, Norris and Person are co-sponsors on the bill.  The amended bill clarifies that a person must obtain a Tennessee permit within six months of becoming a resident here.

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Selected Committee Actions

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SB 618 passed out of Senate Finance, Ways and Means Committee to authorize the issuance of "Choose Life" specialty earmarked license plates.  Differences in details on the allocation of earmarked funds are to be ironed out between this Senate version and its companion, HB 788.

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SB 718, the Safe Boating Bill by Senator Burchett, passed out of Senate Finance, Ways and Means Committee to improve water safety by an operator licensing process.

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SB 1959, a Business Incentive Tax-Break Bill, passed unanimously out of Senate Finance Committee to provide a tax for the location of a $50 million headquarters facility or a $20 million investment accompanied by 200 full-time jobs paying at least twice the local average wages.  A sunset provision automatically repeals the break after four years without legislative action to extend it.

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SB 229, a vintage vehicle capable of driving a wide variety of lottery activities, was specially modified and fully equipped with 501 (c) (3) verbiage in Senate State and Local Government Committee.  Last seen heading to Calendar Committee.  May detour to FW&M.