Tag Archives: reform

Chamber of Commerce Lowers TN Rating as ‘Business Friendly’ in Lawsuits

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The U.S. Chamber of Commerce Institute for Legal Reform has rated Tennessee as the 26th best state information in ‘legal climate for business.’
That’s down from 19th in 2010, the year before Gov. Bill Haslam’s tort reform law was enacted. That law has multiple provisions, including new limits on damages that can be awarded to plaintiffs bringing lawsuits against businesses, and was promoted by the governor as making Tennessee more business-friendly.
The Chamber group rates Delaware as the best state for businesses in dealing with the civil justice system,, West Virginia the worst.
The group’s national news release, which focuses on what the Chamber considers the “worst” states, is HERE. The state-by-state ratings map is HERE.
The Tennessee “detailed” page is HERE.

Roe Says Partial Repeal of Health Care Law Would Be ‘Disaster’

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U.S. Rep. Phil Roe said the worst thing that could happen in a Supreme Court ruling on Barack Obama’s health care reform legislation would be if the judges say it’s partially constitutional.
In a Friday interview with the News Sentinel, and the court’s ruling expected soon, he said that if only parts of it are repealed, “it’s a disaster, the costs will skyrocket.”
He said that if the court only removes a requirement from the legislation that says all citizens must have health insurance, then insurers and other groups that pay for health care would not be able to handle how the risk is spread among groups. America’s Health Insurance Plans, which represents the health insurance industry, has also sounded that warning..
If the court upholds the reform legislation, then Republicans will work to repeal it themselves, the congressman from Johnson City said.
And if the entire reform law is repealed, that would be ideal with Republicans such as Roe.
A market-based exchange that lets consumers choose their own plans would be a suitable replacement, he said. But states led by Republicans aren’t ready to open such exchanges, The Associated Press reported this week.
“Spread the risks over a huge amount of people,” he said, another position shared by AHIP.
Roe was not ready to speculate on what the Supreme Court may say.
“I don’t have a clue,” he said.

Democrats Bash GOP ‘Reforms’ in Education Legislation

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Eight Democratic candidates for state House and Senate seats criticized recent education moves by the General Assembly at an education roundtable on Thursday hosted by the University of Tennessee at Chattanooga and the Hamilton County Democratic Party.
More from the Chattanooga TFP report:
The candidates rallied against what they called the privatization of public education through Republican-favored charter schools, for-profit virtual schools and voucher programs.
Rep. Tommie Brown said many Republican education efforts were aimed at spreading conservative ideals, like the recently so-called “monkey bill,” which encouraged discussing the weaknesses of scientific theories like biological evolution in classrooms. Brown said many pieces of conservative legislation originated from right-wing think tanks that drafted boilerplate bills to be used across many states.
“Let’s not see it as an isolated thing,” she said.
Many candidates criticized recent education reform efforts, like changes to teacher tenure and the new teacher evaluation model that ties teacher performance to test scores. They encouraged better teacher pay and an end to or heightened accountability for virtual school programs that make a profit.
Sandy Smith, a retiring Hamilton County teacher vying for a seat in the House of Representatives, said many reform efforts were aimed at busting unions. She said those efforts would ultimately lead to broadened achievement gaps.

Haslam Signs TEAM Act Into Law

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NASHVILLE, Tenn. (AP) — Gov. Bill Haslam on Tuesday signed his plan to overhaul state civil service rules that make it easier for executive branch employees to be hired and fired, and allow merit raises for high-performing workers and pay decreases for poor ones.
The Republican governor put his name to the legislation in a ceremony across from the state Capitol. He was joined by state employees, legislators and members of his cabinet.
The bill will also require written performance standards and annual evaluations, set a minimum of three candidates to be interviewed for openings, and reduce the minimum layoff notice from three months to 30 days.
Veterans and their spouses will also receive preference if there are two candidates with equal qualifications and one is a veteran.
Haslam said the legislation is necessary because over the next five years nearly 40 percent of state employees will be eligible for retirement.
“In facing this challenge, it is our responsibility to build a top notch workforce for the future,” said Haslam, who lauded the team effort among state employees and lawmakers in making the legislation possible.
“I think we started with some things we thought were really important, but in the process there were a lot of voices that added to it and made the bill one that could pass and will work well when implemented,” he said.
Note: News releases from the governor and TSEA below.

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Group Contends Health Care Reform Repeal Would Cost TN $73B

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If a budget proposal adopted March 29 by the U.S. House of Representatives is put into effect Tennessee could lose more than $73 billion by 2022 and an additional 628,000 Tennesseans could be uninsured, according to a report by Families USA cited by the News Sentinel.
The nonprofit consumer health care advocacy/lobbying organization on Tuesday released the report, which broke down state-by-state the impact of the proposal by House Budget Committee Chairman Paul Ryan, R-Wisc.
The report said the proposal, which reduces the deficit by cutting health care programs that largely help middle- and low-income Americans, would cost the nation $2.75 trillion over the next 10 years and “end Medicare and Medicaid as they currently exist.”
It would repeal 2010s Patient Protection and Affordable Care Act Tennessee wasn’t in Families USA’s list of top 10 states impacted: California, which faces $303.8 billion in cuts, followed by Texas, New York, Florida, Pennsylvania, Ohio, North Carolina, Illinois, Georgia and Michigan. But the report said all states face “substantial” cuts. Tennessee currently has a waiver for Medicaid replacing it with TennCare; the state pays 35 cents and the federal government 65 cents of every TennCare dollar.
Note: As originally posted, this item used the figure $75 Million instead of Billion. It has been corrected.

State Employees Rally Against ‘Cronyism’ Bill

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NASHVILLE, Tenn. (AP) — State employees are speaking out against Republican Gov. Bill Haslam’s proposal to dial back civil service protections, arguing that the move could result in cronyism.
Members of the Tennessee State Employees Association gathered outside the Capitol and the main state office building in Nashville on Tuesday to protest the bill that would make it easier for the governor to hire and fire state workers.
The measure would eliminate bumping rights, which the TSEA says would remove seniority as a protection for workers when layoffs are deemed necessary.
Robert O’Connell, the association’s executive director, argued that the changes would allow for hiring decisions to be made for political reasons rather than on the basis of experience.
The Senate Finance Committee later voted to send the measure for a full floor vote.

New PAC on the Block; Hands Out $117,000 in First Month

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A new Tennessee PAC took $126,000 from its parent organization in Washington on Dec. 8, 2011, then distributed $117,000 of the money to state legislator campaign causes by Jan. 9, 2012, according to its first campaign finance disclosure.
Andy Sher has more:
Tennessee Parents/Teachers Putting Students First… is the creation of StudentsFirst, a group pushing its version of education reform. The group was created by Michelle Rhee, the former chancellor of the Washington, D.C., school system. Rhee is the ex-wife of state Education Commissioner Kevin Huffman, whose boss is Republican Gov. Bill Haslam.
(Note: Students First also did a state poll – apparently paying for it outside the PAC, which discloses no poll spending – and provided the results to legislative leaders, several of whom received PAC money. The poll found the public supports proposals the group is pushing. It also shows the Legislature has a 63 percent approval rating among voters. See post below, or direct link to Tennessean story HERE.)
All of the PAC’s $126,000 in funding comes from StudentsFirst. The StudentsFirst PAC ranked No. 5 in contribution to individual lawmakers or legislative candidates with $65,400. Most contributions went to Republicans, who dominate the General Assembly these days. But Democrats were not forgotten.
The Senate Republican Caucus received $10,000 as did the House Republican Caucus. The PAC gave $5,000 each to the House Democratic Caucus and the Senate Democratic Caucus.
Republican Senate Speaker Ron Ramsey’s leadership committee, RAAMPAC, got $5,000 as did Ramsey’s personal campaign. Republican House Speaker Beth Harwell got $5,000 for her leadership committee, Harwell PAC, and another $5,000 for her personal campaign.

StudentsFirst Poll Shows Tennesseans Support StudentFirst Plans

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A majority of Tennessee voters support education reform and think the state is heading in the right direction, a recent poll found, reports The Tennessean.
A memo to state lawmakers last week from Mike Carpenter, Tennessee’s director of nonprofit StudentsFirst, showed its poll backed teacher tenure changes, new teacher evaluations and more charter schools. The poll, conducted by Public Opinion Strategies, surveyed 600 likely voters on Jan. 31 and Feb. 1, and had a 4 percent margin of error.
Among the findings: 72 percent of those polled like teacher evaluation changes, 68 percent favor alternate teaching licenses and 58 percent favor ending forced placement of teachers by districts without teacher or principal consent.
Gov. Bill Haslam garnered a 72 percent approval rating and lawmakers a 63 percent approval rating by voters.

‘Funeral Reform’ May Not Be a Dead Issue

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News release from Tennesseans for Funeral Reform:
(Nashville, TN)—-February 20, 2012….The sudden or unexpected death of a loved one….it is one of the toughest times for a family. And many have not prepared by purchasing a pre-paid funeral plan.
One way to encourage that is by offering a discount as an incentive for folks to plan ahead, says Fred Berry, a fourth-generation Knoxville funeral home director and the spokesman for a new group called Tennesseans for Funeral Reform.
“Unfortunately,” says Berry, “discounts on pre-paid funerals arrangements are illegal in Tennessee. In fact, Tennessee is the only state in the entire country that prohibits such incentives.

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Business, Doctors Want More Limits on Lawsuits Against Them

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Unsatisfied with landmark tort reform legislation that Gov. Bill Haslam and Republican lawmakers successfully enacted last year, business, insurance and health-care interests continue to push for laws that will reduce their exposure to civil lawsuits.
So reports The Tennessean:
Proponents of the laws say they will help prevent the filing of junk lawsuits and improve Tennessee’s business climate. Opponents say they would improperly shield wrongdoers and close the courthouse doors to all but the very wealthy.
Last year’s legislation capped non-economic damages such as pain and sufferring at $750,000 and punitive damages at $500,000, with some exceptions for cases involving “catastrophic” losses or intentional misconduct, records destruction, or conduct under influence of drugs or alcohol. It also restricted claims that can be brought under the Tennessee Consumer Protection Act.
The Tennessee Civil Justice Act of 2011, as it was called, was enacted over the objection of trial lawyers and consumer advocates.
This year, the same coalition of businesspeople that helped sell the governor’s tort reform package, Tennesseans for Economic Growth, wants more limitations imposed in civil lawsuits, including a handful of bills targeting the losing side in civil cases and litigants who refuse to settle lawsuits.
One bill would require a party who loses a motion to dismiss to pay the litigation costs of the opposing party.
“Loser pays on motions to dismiss is designed to prevent frivolous lawsuits,” said Lee Barfield, a lawyer at Bass, Berry & Sims and lobbyist for the business coalition.
Another bill would require a plaintiff to pay the litigation costs of a defendant if the plaintiff refused a settlement offer from the defendant only to win less than 75 percent of the settlement offer at trial. The law would similarly punish defendants who refuse a settlement offer if the plaintiff wins more than 125 percent of their settlement offer at trial.
….Gary Zelizer, director of governmental affairs at the Tennessee Medical Association, said his organization will continue to push for a bill that would prevent emergency room patients from suing hospitals and doctors for negligence unless they can show “gross negligence.” When mistakes occur, Zelizer said it’s unfair to hold emergency room physicians to the same standard as doctors who know, and have a history with, a patient.