The department shall:

(1) Supervise the administration of assistance to the permanently and totally disabled under this part;
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Terms Used In Tennessee Code 71-4-1105

  • Assistance: means money payments made to or in behalf of totally disabled persons in need, or medical care, or both, including hospitalization, outpatient care and treatment, nursing home care, drugs or any other type of remedial care recognized under state law in behalf of permanently and totally disabled persons in need, but does not include subdivisions (1)(A)-(1)(D) unless the federal Social Security Act (42 U. See Tennessee Code 71-4-1102
  • Department: means the department of human services. See Tennessee Code 71-4-1102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Permanently and totally disabled: means that the individual has been determined to have a permanent physical or mental impairment, disease or loss that substantially precludes the individual from engaging in useful occupations within the individual's competence, such as holding a job or homemaking. See Tennessee Code 71-4-1102
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(2) Make such rules and regulations and take such action as may be necessary or desirable for carrying out this part to the end that equitable treatment shall be afforded to individuals in similar circumstances. All rules and regulations made by the department shall be binding on the counties and shall be complied with by the respective regional directors;
(3) Establish criteria for determining who is permanently and totally disabled within the meaning of § 71-4-1102;
(4) Establish standards for the determination of need of the individual including:

(A) Statewide requirements essential to maintaining a minimum standard of economic security based on studies of current living costs;
(B) Methods and procedures for measuring income and resources against such statewide requirements;
(C) Property reserves that will not preclude eligibility for assistance under this part;
(5) Employ personnel for the administration of this part in conformity with title 8, chapter 30, and the rules and regulations of the department of human resources;
(6) Prescribe the form of and supply to the regional directors such forms as it may deem necessary and desirable;
(7) Cooperate with the commissioner of social security, or any federal officer or agency made successor to the commissioner of social security, in any reasonable manner as may be necessary to qualify for federal aid for assistance to the permanently and totally disabled and in conformity with this part, including the making of such reports in such form and containing such information as the commissioner of social security may from time to time require, and comply with such provisions as such commissioner may from time to time find necessary to assure the correctness and verification of such reports; and
(8) Publish an annual report and such interim reports as may be necessary.
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