A bill that would allow mentally disabled people on death row to challenge their sentence is being considered by a House subcommittee, WPLN reports. The Tennessee Black Caucus filed House Bill 1/Senate Bill 1236 in November to shield intellectually disabled people convicted of a crime from the death penalty. It is now being considered by the House Criminal Justice Subcommittee. The bill has been backed by several high-profile figures, including the president of the American Bar Association and former independent prosecutor of the Whitewater investigation, Ken Starr. Although state law no longer allows those with an I.Q. of 70 or below to be executed, federal public defender Kelley Henry told lawmakers at a hearing on Wednesday that the bill was needed to provide the same protection for people who have already been sentenced. The state Black Caucus filed the bill on behalf of Pervis Payne, a man with intellectual disabilities who is scheduled to die in April.

The Tennessee Supreme Court today suspended Albert Fitzpatrick Officer III from the practice of law for six years, with six months active suspension and the remainder on probation. Officer is ordered to continue his monitoring agreement with the Tennessee Lawyers Assistance Program, engage the services of a practice monitor, pay restitution in the amount of $1,250 and reimburse the board for all costs in the disciplinary proceeding. Officer pleaded guilty to the amended criminal charge of misdemeanor DUI. He also failed to take action to prosecute or advance a client’s case, failed to advise his client in a matter that had been appealed, failed to file appellate responses resulting in the court removing him as the attorney of record, failed to deposit client funds into his trust account and appeared in court representing his clients while administratively suspended.

House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, have filed a rare, joint bill aimed at cracking down on legislators doing business with the state, the Tennessean reports. If passed, HB1040/SB798 would prevent legislators with political consulting companies from billing other members' state postage and printing accounts for constituent update mailers, which multiple lawmakers have recently done. The measure comes after an FBI raid on the homes and offices of Rep. Glen Casada, R-Franklin, Rep. Robin Smith, R-Hixson, and Rep. Todd Warner, R-Chapel Hill, over their dealings with campaign marketing businesses.

A measure that would declare racism a “public health threat” has passed through Tennessee House committees and is now ready for a floor vote, the Tennessean reports. House Joint Resolution 10 (HJR10), sponsored by Rep. Antonio Parkinson, D-Memphis, cites the policy adopted by the American Medical Association (AMA) last year, which refers to racism as such and commits itself to "dismantling racist policies and practices across all of health care." The resolution ends by saying the General Assembly will "commit ourselves to openly and honestly addressing racism to end areas of disparity and inequity." It passed on a voice vote.

Conservatorships have been a trending topic recently due to the “Framing Britney Spears” documentary, which highlights the pop star’s conservatorship and the movement advocating for its end. However, as Director of the Metro Nashville Office of Conservatorship Management (OCM) Amy Bryant writes in an opinion published by the Tennessean, “Conservatorships in Davidson County do not play out the way they do in the movies.” In the article, Bryant breaks down how conservatorships are handled in Nashville, including the proof needed to establish them and the layer of oversight and protection that the OCM provides those who are subject to conservatorship. Bryant is the 5th District Governor on the TBA’s Board of Governors and the chair of the Public Education Committee. She’s a member of the Elder Law and Estate Planning & Probate sections and a member of the TBA Leadership Law Class of 2019.

Attorney General Herbert Slatery has filed suit against health management organizations Care Services Management and Marquis Mobile Dental Services for making false TennCare claims. According to the state, the defendants targeted residents at long-term care facilities, who were receiving Medicaid assistance and were eligible for healthcare expense deductions, like dental care, from the payment of their facilities. Those deductions resulted in TennCare paying for a larger portion of the long-term care. In exchange for referrals, the defendants also provided free administrative services to the LTC facilities and free dental services for some of their residents, constituting an illegal kickback arrangement. The state is seeking damages and the maximum civil penalty for each violation. The AG’s website has more.

Legislation that would eliminate the professional privilege tax today cleared the House Finance, Ways and Means subcommittee.  HB519/SB884 must now be considered by both the House and Senate Finance Committees. TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley discuss the matter on today’s episode of the TBA Legislative Updates podcast. The pair also talk about this week's failure of HR23, which sought to remove Chancellor Ellen Hobbs Lyle from the bench, and additional TBA-sponsored legislation. A new episode of Legislative Updates drops every Thursday and can be found on the TBA’s Facebook page or anywhere you listen to podcasts. 

Register now for the TBA Litigation Law Ethics Forum set for March 30 from 9 a.m. until noon CDT. The program will feature commentary and analysis of litigation and other concerns about vaccines and COVID-related issues in the workplace, a discussion on access to justice issues exacerbated by the pandemic and an examination of the tricky ethical issues that arise when mixing jurors, jury selection and social media. Members of the Litigation Section can purchase the program at a discounted price. Not a section member? Join today!

TBA CLE will host Real Estate Concerns in Elder Law on March 23 from 11 a.m. until noon CDT. This live virtual event will be led by Barbara Moss from Elder Law of Nashville and George Mudter of Mudter, Patterson & Cox PLLC, who will discuss the intersection of elder and real estate laws, including, best practices, common concerns and more.

State officials have announced that thousands of Tennessee prisoners are now eligible to receive the COVID-19 vaccine, WPLN reports. The news comes days after an Associated Press investigation found that officials debated when to vaccinate prisoners, fearing that any decision could be deemed a “public relations nightmare.” State prisoners were among one of the last groups eligible to get the vaccine and, despite some becoming eligible earlier based on factors like pre-existing conditions and age, the Tennessee Department of Correction said last month that everyone housed in a state prison would be inoculated at the same time. State Health Commissioner Lisa Piercy refuted that claim and says any prisoner who fits the current requirements for phase 1c of the state’s vaccination rollout plan is now eligible for the shots.