Tennessee § 4-58-108 - Interpretation consistent with federal and state law.

§ 4-58-108. Interpretation consistent with federal and state law.

This chapter shall be interpreted consistently with all federal laws, including, but not limited to, federal laws regulating immigration, labor, and medicaid, and all state laws. Acts 2012, ch. 1061, § 1. Code Commission Notes. Acts 2012, ch. 1061, § 1 purported to enact title 4, chapter 57. Title 4, chapter 57 was previously enacted by Acts 2012, ch. 1047, § 1; therefore, the enactment by Acts 2012, ch. 1061, § 1 was designated as title 4, chapter 58 by the code commission. Compiler's Notes. Acts 2012, ch. 1061, § 3 provided that all affected state governmental entities are authorized to promulgate rules and regulations to effectuate the purposes of the act, which enacted this chapter. All rules and regulations promulgated by a state governmental entity shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2012, ch. 1061, § 5 provided that the act, which enacted this chapter, shall apply to all applications for benefits submitted to state governmental entities or local health departments on or after October 1, 2012. Attorney General Opinions. The Eligibility Verification for Entitlements Act (EVEA) can be read in harmony with laws requiring licensure applicants to be U.S. citizens or U.S. citizens or resident aliens and therefore did not impliedly repeal those laws. State laws requiring licensure applicants to be U.S. citizens are preempted to the extent they conflict with a federal law that limits States’ authority to determine alien eligibility for state public benefits, including professional and commercial licenses. State laws requiring licensure applicants to be U.S. citizens also violate the Equal Protection Clause because they discriminate based on alienage and would not satisfy strict scrutiny. State laws requiring licensure applicants to be U.S. citizens or resident aliens are preempted to the extent they conflict with a federal law that limits States’ authority to determine alien eligibility for state public benefits, including professional and commercial licenses. Laws requiring licensure applicants to be U.S. citizens or resident aliens do not violate the Equal Protection Clause, however, because they discriminate only against unlawful aliens and lawful aliens who are not permanent residents. Those categories of aliens are not a suspect class, and the laws at issue would likely satisfy rational basis review. The Department of Commerce and Insurance is not required to enforce the requirements that an applicant for licensure, registration, or certification be a “citizen of the United States” or a “citizen of the United States or resident alien.” OAG 18-42, 2018 Tenn. AG LEXIS 42 (9/13/2018).