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HB 104

Intellectual & Developmental Disabilities - As enacted, revises record retention requirements for records regarding services and supports received by persons with intellectual and developmental disabilities by the department of disability and aging's contracted providers and departmental facilities and clinics, updates outdated cross-references. - Amends TCA Title 4; Title 12; Title 33; Title 34; Title 36; Title 39; Title 49; Title 52; Title 68; Title 71 and Chapter 688 of the Public Acts of 2024.

114th Regular Session (2025-2026) Introduced by William Lamberth

Tennessee updates disability service record retention requirements and fixes outdated legal cross-references to strengthen protections for individuals with intellectual/developmental disabilities.

Pub. Ch. 47
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Bill Summary · HB 104

Legislative bill overview

HB 104 updates record retention requirements for services and supports provided to individuals with intellectual and developmental disabilities (I/DD) by Tennessee's Department of Disability and Aging contracted providers and state facilities. The bill also corrects outdated legal cross-references across multiple Tennessee Code Annotated titles to ensure consistent regulatory compliance.

Why is this important

Proper record retention is critical for protecting vulnerable populations, ensuring continuity of care, enabling accountability for service quality, and maintaining legal documentation of services provided. Updating outdated cross-references prevents confusion and enforcement gaps that could leave I/DD individuals without adequate regulatory protections or create liability issues for providers and the state.

Potential points of contention

  • Specific retention timeline changes: The bill text does not detail whether retention periods are being lengthened, shortened, or left unchanged—ambiguity that could affect both provider compliance costs and individuals' ability to access historical records for legal claims or medical purposes
  • Scope of affected providers: Unclear whether all contracted providers (residential, day programs, medical) face identical requirements or if differentiated standards apply, potentially creating inconsistent documentation practices across service types
  • Implementation burden: Simultaneous amendments to 11 different Tennessee Code titles could create complex compliance requirements; the dual effective dates (3/26/2025 and 7/1/2025) suggest phased implementation but may cause temporary confusion about which rules apply when

Compiled from official sources — confirm details with the bill’s official record.

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