Legislation Affecting Elder Law Practice

As the legislative session progresses, many bills of interest to the Elder Law Section are on the move. Here is a list of notable legislation which has the potential to affect your practice area:
 
SB199/HB249 GOVERNMENT ORGANIZATION: Creates elder abuse task force.
 
Sponsors:
Sen. Briggs, Richard, Rep. Carr, Dale
 
Summary:
Creates elder abuse task force charged with examining the current state of financial elder abuse, determining its economic and human impact, and developing recommendations to address problems associated with financial exploitation of the elderly. The task force will consist of 12 members, appointed by the health and financial commissioners, speakers of the legislative houses, district attorney, and TBI, as well as representatives from health and banking associations. The task force will submit its findings and recommendations to the governor and the general assembly no later than January 15, 2021.
 
Senate Status:
02/01/19 - Referred to Senate Government Operations Committee.
 
House Status:
02/01/19 - Referred to House Public Health Subcommittee.

SB265/HB257 CRIMINAL LAW: Punishes specific offenses involving elderly adults.
 
Sponsors:
Sen. Roberts, Kerry, Rep. Littleton, Mary
 
Summary:
Orders that anyone who knowingly commits an offense against the elderly by using a communication device to obtain medical conditions, sending unsolicited medical supplies, and filing a claim of reimbursement through the state Medicare plan for the value of the supplies sent is punishable with a Class D felony.
 
Senate Status:
02/01/19 - Referred to Senate Judiciary Committee.
 
House Status:
02/01/19 - Referred to House Criminal Justice Subcommittee.

HB360 TRANSPORTATION VEHICLES: Vision exam for those 75 years or older seeking driver license.
 
Sponsor:
Rep. Cooper, Barbara
 
Summary:
Requires anyone aged 75 or older to pass a vision exam in person prior to renewal of license. Declares that in lieu of participation in the exam at the department, the applicant may undergo an exam by a licensed optometrist within 90 days prior to renewal. Authorizes persons with diagnosed impaired night vision to use night vision equipment without a driving-during-daytime-only restriction.
 
House Status:
01/31/19 - Introduced in the House

SB534/HB799: Offense of financial exploitation of an elderly or vulnerable person. Broadens the offense of financial exploitation of an elderly or vulnerable person to include the use of a telephone or other electronic or communication device to fraudulently or deceptively obtain or attempt to obtain money, property, or another thing of value from that person. Increases penalty for such offense.

SB711/HB686: Public guardianship for the elderly. Allows the executive director of the Tennessee Commission on Aging and Disability to request the district public guardian to serve as a conservator for disabled persons who are younger than sixty (60) years of age if certain criteria are met.

SB1039/HB909: Elderly Abuse and Vulnerable Adult Protection Act of 2019.
 
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