HB 634

This bill creates the conservatorship management task force ("task force"") to be administratively attached to the department of disability and aging and to be composed of the following nine members: (i) the commissioner of disability and aging or the commissioner's designee; (ii) the commissioner of health or the commissioner's designee; (iii) the director of the administrative of f ice of the courts or the director's designee; (iv) the commissioner of human resources or the commissioner's designee; (v) the commissioner of mental health and substance abuse services or the commissioner's designee; and (vi) one current member of the ju d iciary with experience in probate matters, to be appointed by the governor; (vii) one representative from the Conservatorship Association of Tennessee, to be appointed by the governor; (viii) one representative from either a legal services program or lega l aid office in this state, to be appointed by the governor, or an attorney who contracts with either program or office; and (ix) one representative of the Tennessee Center for Decision-Making Support, to be appointed by the governor. This bill staggers t he terms of the initial appointees. Following the expiration of the initial terms, all appointments to the task force are for terms of three years. Public members must serve until the expiration of the term to which they were appointed and until their s u ccessors are appointed and qualified. Members are eligible for reappointment to the task force following the expiration of their terms, but must serve no more than two consecutive three-year terms. This bill provides that the purpose of the task force i s to do all of the following:  Review the care and management provided by conservators to determine the health, safety, and welfare of individuals under a conservatorship and make recommendations.  Determine the amount of assets managed by conservators and review the management of assets by conservators.  Review the provision and direction of available resources to promote effective and successful conservatorships.  Review education offerings and requirements for conservators and the public about conservatorships in this state.  Determine a process to provide notification to the court when a conservator is removed for cause.  Determine the capacity to document and track information for conservatorships in one central location.  Review the capacity to detect fraud and abuse of persons subject to conservatorship by enhancing this state's ability to identify potential areas of concern.  Review the capacity of the public guardianship program and determine the need for an independent conservator panel or professional conservators.  Review the monitoring of conservatorships and determine the necessity for a central oversight office.  Address other issues identified in the course of the work of the task force. This bill requires the governor to appoint the chair and requires the task force to meet quarterly, although the task force may meet more often upon a call of the chair. If vacancies occur on the task force for any cause, then the governor must fill the vacancies within 60 days for the duration of t h e unexpired term, if applicable. COMPENSATION This bill clarifies that members of the task force do not receive compensation and are not entitled to reimbursement for actual travel and other expenses incurred in attending any meeting and in performing a ny duties prescribed in this bill. ANNUAL REPORT This bill requires the task force to submit an annual report of its findings and recommendations to the department of disability and aging and the administrative office of the courts no later than Decembe r 31, 2025, and every year thereafter. ON MARCH 24, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 233, AS AMENDED. AMENDMENT #1 makes the following revisions:  Substitutes as one of the members on the task force the commissioner of human services for the commissioner of human resources.  Substitutes as one of the public members on the task force one representative from the Tennessee State Court Clerks Association for a representative from either a legal services program or legal aid office in this state or an attorney who contracts with either program or office .  Removes the requirement that the task force (i) r eview the care and management provided by conservators to determine the health, safety, and welfare of individuals under a conservatorship and make recommendations; (ii) d etermine the amount of assets managed by conservators and review the management of assets by conservators; and (iii) d etermine a process to provide notification to the court when a conservator is removed for cause .  Adds that the bill does not allow for the disclosure of protected health information, and any participating agency or entity must remain bound by state and federal privacy laws that restrict the sharing of protected health information, including regulations established pursuant to the Health Insurance Portability and Accountability Act (HIPAA), without the prior approval of the individual whose health information would be disclosed."