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New Law Regarding TennCare (11/30/2006)

Notice of TennCare Status in Petition to open Estates.

Effective 1 January 2007, petitions for letters must provide notice to the court concerning whether or not the decedent was a TennCare recipient. T.C.A. § 71-5-116(d)(3), T.C.A. § 30-1-117. Petitions need to contain the following paragraph:

TENNCARE. At time of death, Decedent: (check each that applies)

__ was   __ was not    under the age of fifty-five years.

__ was   __ was not    enrolled in the TennCare Program in Tennessee.

Personal Representative’s Notice to Bureau of TennCare.

Within 60 days of the opening of an estate for a decedent who was 55 years or older, the personal representative is required to file with the Bureau of TennCare a notice of the decedent’s death. The notice is to be in a format to be specified by the bureau. T.C.A. § 71-5-116(d)(2).

Affidavit to Court Confirming Notice to Bureau of TennCare.

Within 60 days of the opening of an estate, the personal representative is required to file with the clerk an affidavit confirming that the Bureau of TennCare has been notified of the decedent’s death. T.C.A. § 30-2-301(b)(5), T.C.A. § 71-5-116(d)(2).

TennCare Claim Priority.

Now a third priority. T.C.A. § 30-2-317(a)(3).

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Clarification of Local Probate Rule II (7) & (8)

In response to some recent confusion regarding which documents should not be filed with the clerk’s office under these rules, there are two general types:

Discovery-Related Documents that are not “Motions” or “Petitions”

Interrogatories
Responses to Interrogatories
Answers to Interrogatories
Depositions
Notice of Depositions
Requests for Documents
Requests for Admission

Rule of Thumb for Discovery Documents:

Briefs and Memoranda

The new procedure for the following types of documents is to file the document without attached cases or law.  The full document, with attached cases and law, should only be given to the judge’s secretary.  Basically, you only file the portion of the document written by the lawyer, up to and including his or her signature and service on other lawyers/parties.

“Brief in Support of…”
Amicus Briefs
Memorandum of Points and Authorities
Memorandum of Law

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Inconsistancy and Change of Rule (Rule2, Para.8)

In a recent case,   Jennings v. Sewell-Allen Piggly Wiggly, et al., 173 S.W.3d 710.  Justice Janice M. Holder has found that a rule of the Shelby County Circuit Courts is inconsistent with Rule 5.05 of the Tennessee Rules of Civil Procedure and Supreme Court Rule 18(c).  We have a similar rule; therefore, we feel that a change is mandated.  

            The following paragraph is the suggested change to Rule II, paragraph 8 of the RULES OF THE PROBATE COURT OF SHELBY COUNTY, TENNESSEE, found on page 6,     

PROPOSED CHANGE TO
RULE 2, PARAGRAPH 8

OF THE

RULES OF THE PROBATE COURT OF
SHELBY COUNTY TENNESSEE:

 
"8.  Briefs, Memoranda of Points and Authorities, and similar matters pertaining to a contested or specially set matter, shall be filed with the Clerk, and a duplicate copy left with the Judge’s secretary (and opposing counsel where applicable) at least three (3) days prior to the hearing date. It is suggested that photocopies of the relevant portions of cited authorities be attached only to the duplicate copy given to the Judge and to the opposing counsel."