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Susan Lynn
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By Susan Lynn, State Representative, District 57 - This week, the General Assembly reconvened in Nashville for the 61st
Extraordinary Session in Tennessee history. As part of this historic special
session, four new committees were created so that every House member had the
opportunity to work on the three issues that comprised Governor Lee’s call for
the session. These panels focused on setting new standards to address the possibility of frivolous lawsuits
related to the Covid-19 pandemic, increasing access to telehealth services for Tennessee patients
during these unprecedented times, and holding those who promote lawlessness or who attack law enforcement and
first responders accountable.
The special session began at 4 p.m. on Monday, Aug. 10 in the House
chamber, and it concluded shortly after 7 p.m. on Wednesday, Aug. 12 with the
sine die adjournment resolution.
Republican leaders increase access to telehealth services for Tennesseans
During the special session, House Republicans led efforts to increase access
to telehealth services for Tennesseans through passage of
House Bill 8002. This legislation has been a priority of House Republican leadership
throughout the 111th General Assembly, and it was carefully vetted to
prioritize Tennessee patients having access to their very own doctors and
health care providers. House Bill 8002 increases access to electronic health
care services and provides payment parity for clinically appropriate,
medically necessary services so insurance companies reimburse providers at the
same rates they would for in-person visits. Under this legislation, patients
must have been seen in person by a physician or health service provider’s
practice group within 16 months of a telemedicine visit. The bill also enables
Tennesseans to utilize telemedicine as an alternative to in-person visits with
their physicians or providers during the pandemic. As part of the Republican
CARE Plan that was first introduced in 2019, this innovative solution puts
Tennessee patients first, by increasing access, promoting affordability, and
improving overall health outcomes.
The measure now awaits the governor’s signature.
House Republicans support business sustainability in Tennessee
House Republicans this week also set new standards to address the
potential for frivolous lawsuits against a person or entity
resulting from the ongoing pandemic in Tennessee through
House Bill 8001.
The Tennessee Covid-19 Recovery Act was approved in the House
chamber by an 80-10 vote Wednesday. This legislation increases
liability protections for businesses, schools, institutions of
higher learning, churches, as well as civic organizations that
operate in good faith from frivolous claims by raising standards
for action from the current standard of simple negligence to a
new standard of gross negligence or willful misconduct.
Under this proposal, any individual alleging injury must file
a verified complaint, citing specific facts, as well as clear
and convincing evidence that the injury was caused by an act
or omission constituting gross negligence or that an entity
demonstrated willful misconduct, resulting in a loss, damage,
injury, or death from Covid-19.
All lawsuits already filed or in process on or before the
date of the governor’s call for a special session on Aug. 3
would not be affected by the Tennessee Covid-19 Recovery Act
and may still proceed.
These are extraordinary times, and our businesses have
suffered considerable hardships because of unexpected
closures in recent months. Additionally, schools have
worked tirelessly to implement protocols and procedures so
they can safely reopen and educate our children.
The Tennessee Covid-19 Recovery Act protects these and
other entities by establishing predictable standards
moving forward for future pandemic-related lawsuits so
individuals or groups seeking a payday do not abuse our
legal system to file a baseless claim against an
individual or organization in our state.
Republican lawmakers push for law and order, support
Tennessee’s first responders
House Republicans on Wednesday evening approved
legislation that holds those who promote lawlessness
or who attack law enforcement and first responders
in Tennessee accountable.
Known as the Law & Order bill, House Bill 8005
protects the rights of citizens enshrined in our
Constitution to peaceful assemble. However, those
few individuals who escalate peaceful
demonstrations into acts of aggression,
intimidation, rioting, vandalism or who seek
violence towards law enforcement, firefighters and
first responders will be held totally accountable
for their actions.
The legislation has statewide application, and
it is necessary because of recent incidents
across Tennessee and our nation where a few bad
actors have escalated peaceful demonstrations
and have turned them into acts of total
lawlessness.
House Bill 8005 creates mandatory minimum
prison sentences for assault and aggravated
assault of law enforcement, firefighters, and
first responders, as well as rioting and
aggravated rioting.
These mandatory minimums include:
-
A 30 day mandatory minimum sentence for
assault of a first responder.
- A 90 day
mandatory minimum sentence for aggravated
assault of a first responder.
- A 30 day
mandatory minimum sentence for
participation in a riot and an order of
restitution for property damage or loss
associated with the offense.
- A 45 day
mandatory minimum sentence for aggravated
rioting and an order of restitution for
property damage.
The legislation also clarifies and
strengthens our existing laws related to
illegal camping on state property, and
it addresses those who deface our state
and public buildings, while keeping
peaceful protestors, law enforcement,
first responders, and our citizens safe.
When the Covid-19 pandemic first
began, Tennessee’s first responders
were our heroes, and this is an
opportunity to once again join
together to support all who protect
and serve us and who risk their lives
each and every day for the citizens of
Tennessee.
We want our citizens to exercise
their constitutional rights and
participate in peaceful
demonstrations, but at the same
time, House Republicans will not
stand for anarchy or lawlessness
here in our state.
Government accountability measure
passes House chamber
Legislation that holds local
governments accountable for
prohibiting emergency response
during public demonstrations was
also approved this week.
House Bill 8006 removes immunity for
mayors, chief executives,
governing boards or government
entities if they choose to
prohibit law enforcement or fire
and rescue services from
accessing specific areas within
their jurisdiction which they
have left unprotected during a
public demonstration.
The measure — which is the
first of its kind — does not
apply to any decisions made by
local law enforcement, fire or
rescue services personnel
based on safety risks to those
responding or to the general
public. Under this
legislation, anyone who
violates this law will be held
financially liable if damages,
injury or death occurs to our
citizens and their property.
House Bill 8006 now heads to
the governor’s desk for his
signature.
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