Tennessee § 33-1-204 - Unnecessary entitlements not created — Programs subject to funding by general assembly.

§ 33-1-204. Unnecessary entitlements not created — Programs subject to funding by general assembly.

This title shall not create entitlement to services and supports from the state except to the extent that services and supports are necessarily attached to deprivation of liberty by placement in facilities operated by the department. Implementation of any service or support at state expense under this title is subject to the availability of funds appropriated for that purpose in the general appropriations act. While the department of intellectual and developmental disabilities is charged with the planning and development of services for persons with developmental disabilities, such services shall be subject to the availability of funding, and to approval of any waiver amendments which would be required to effectuate such new programs at such time that they are developed. The reassignment of responsibility for developmental disabilities services to the department of intellectual and developmental disabilities does not create an entitlement to services for persons with developmental disabilities. Nor does it expand or affect in any way the population of persons who are currently eligible for programs and services currently available to persons with mental retardation. Acts 2000, ch. 947, § 1; 2010, ch. 1100, § 28. Compiler's Notes. Former chapter 1, §§ 33-1-101 , 33-1-201 — 33-1-209 , 33-1-301 — 33-1-303 (Acts 1965, ch. 38, §§ 2, 8; 1965, ch. 82, §§ 1-2, 4-7; 1965, ch. 305, § 1; 1971, ch. 247, § 1; 1972, ch. 644, §§ 1, 2; 1973, ch. 85, § 1; 1973, ch. 127, §§ 3, 4; 1973, ch. 341, §§ 1, 2, 5-7; 1974, ch. 802, §§ 3, 5-7, 16, 21; 1975, ch. 248, §§ 1, 4; 1976, ch. 806, § 1(95); 1978, ch. 533, § 2; 1978, ch. 853, § 10; 1981, ch. 98, §§ 3, 4; 1981, ch. 224, § 2; T.C.A., §§ 33-301 - 33-302, 33-104 — 33-107, 33-308; 1984, ch. 794, § 11; 1984, ch. 922, § 1; 1986, ch. 570, § 1; 1987, ch. 98, § 1; 1988, ch. 623, § 1; 1990, ch. 920, § 1; 1990, ch. 1024, §§ 17-18; 1992, ch. 991, § 12; 1994, ch. 861, §§ 1-4; 1996, ch. 993, § 1; 1997, ch. 305, § 1; 1997, ch. 534, § 1; 1999, ch. 466, § 1; 2000, ch. 947, § 6; 2000, ch. 981, § 53) is deleted and replaced in the revision of title 33 by Acts 2000, ch. 947, § 1, effective March 1, 2001. In order to effectuate the purposes of this section, funds were appropriated in Acts 2000, ch. 994. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health (now commissioner of mental health and substance abuse services), the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.