Administrative Law Section

This section provides members with opportunities to exchange information with other practitioners regarding administrative law. The section produces annual CLE programming and news to the members.

Chair
Grimmett Law Firm, PLLC
315 Deaderick St Ste 1210
Nashville, TN 37238
(615)256-4468
Immediate Past Chair
Frost Brown Todd LLC
150 3rd Avenue South, Suite 1900
Nashville, TN 37201
(615)251-5594
Staff Coordinator
Tennessee Bar Association
221 4th Avenue N. Suite 400
Nashville, TN 37219
(615)383-7421

Several States to Issue Waivers on Work Requirements for Medicaid Recipients

As more states impose mandatory work requirements on their Medicaid programs, some have come under fire for policies that would protect many rural residents from the impact of the new rules, Business Insider reports. In Kentucky, Michigan and Ohio, the waiver proposals would exempt the counties with the highest unemployment rates, which critics argue skew towards white, GOP-leaning residents. Some health law experts say the waivers — already approved for Kentucky, pending for Ohio, and advancing in Michigan — may violate Title 6 of Civil Rights Act of 1964, which prohibits race-based discrimination in federal assistance programs. The waiver in Kentucky, the first state to approve the work requirements, will exempt eight counties where the percentage of white residents is over 90 percent. Tennessee's work requirement bill for TennCare recipients, HB1551/SB1728, was signed into law on May 3.

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U.S. Department of Labor Cites Contractor, Staffing Agency Following Fatal Trench Collapse

OSHA has proposed penalties totaling $152,618 against a construction company and a staffing agency after a trench collapse killed a temporary employee installing sewer lines, according to a press release on the agency's website. Regulators issued willful and serious citations to All Power Construction Corp. for allowing employees to work in a trench without cave-in protection, failing to provide a safe means to enter and exit the trench, and not having a competent person inspect the trench to identify potential hazards. The temporary employer, Labor Finders of Tennessee, was cited for not ensuring that employees were trained on trenching and excavation hazards. The companies have 15 business days from receipt of their citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

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