TBA Law Blog


Posted by: Berkley Schwarz & Julia Wilburn on Apr 26, 2024

TBA’s Government Affairs team was successful in shepherding all four of TBA’s legislative proposals through the Tennessee General Assembly before legislators adjourned for the year. Here is a wrap up of those bills:

Indigent Representation Funding: The General Assembly’s budget for Fiscal Years 2024-2025, HB2973/SB2942, included $8.6 million in additional recurring funding to increase the hourly rate for court-appointed attorneys representing the indigent, raising the hourly rate by $10 an hour to $60 an hour, as well as the corresponding caps. The TBA supported the Administrative Office of the Court's budget request of $26.145 million, which would have raised the hourly rate to $80. It remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work. Read the TBA’s full statement.

Cost of Electronic Medical Records: HB647/SB1313, drafted by the TBA Disability Section, caps the cost of electronic medical records provided by medical providers at $90 per patient, except for electronic medical records requested for disability claims, which are capped at $20 per per patient. The new law was signed by Gov. Bill Lee in April and will go into effect on July 1.

Conservatorships: HB2710/SB2254, drafted by the TBA Probate Study Group, provides that a medical or psychological report, needed to appoint a conservator, no longer has to be notarized and instead may be declared under penalty of perjury as set forth in Tennessee Rule of Civil Procedure 72. This provision went into effect on March 27.

Adoption Clean Up: HB2644/SB2633, drafted by the TBA Adoption Law Section, cleans up and provides uniformity in the current adoption statutes to ensure that the new statutes enacted in 2023 will work as intended in practice. It includes amendments regarding child placement, putative fathers, child witnesses, termination of parental rights in causes of severe abuse, among others. It will take effect on July 1.

Birth Certificates in Adoptions: HB2645/SB2632, drafted by the TBA Adoption Law Section, requires the Tennessee Department of Vital Records to issue birth certificates within 45 days of the finalization of an adoption, among other things. It will take effect on July 1.