[Effective until 7/1/2024, see T.C.A. 4-45-108]

(a)

Terms Used In Tennessee Code 4-45-101

  • Fraud: Intentional deception resulting in injury to another.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) There is created a Tennessee office of cooperative disability investigation, referred to in this chapter as the “division”.
(2) The division:

(A) Is administratively attached to the department of finance and administration and the state of Tennessee office of inspector general, and may employ up to five (5) staff persons;
(B) Is headed by a special agent in charge, who also serves as an agent for investigative purposes;
(C) Is separate and distinct from any other bureau or agency in the state, and works primarily with the United States social security administration – cooperative disability investigation unit; and
(D) Shall report quarterly to the chair of the health and welfare committee of the senate, the chair of the health committee of the house of representatives, the chair of the government operations committee of the senate, and the chair of the government operations committee of the house of representatives on the number of disability cases investigated, the results of those investigations, and other matters the general assembly may deem relevant to the function of the division.
(b) The division is a temporary agency of state law enforcement officers, known as special agents, who shall work solely with the United States social security administration – cooperative disability investigation unit, for the purpose of saving taxpayer funds by investigating disability claims under the United States social security administration’s Title II and Title XVI programs that state disability examiners believe are suspicious.
(c) The division shall enter into a memorandum of understanding with the United States social security administration specifying that all fiscal responsibilities needed to fund and operate the division, including, but not limited to, salaries, overtime, insurance benefits, retirement benefits, paid leave, operating costs, and personal duty equipment must be provided by the United States social security administration. State funds must not be used to fund or operate the division. If the United States social security administration fails to provide the funding needed to fund and operate the division at any time prior to July 1, 2024, then the division ceases to exist.
(d) State special agents who work with the United States social security administration – cooperative disability investigation unit team shall investigate allegations of disability fraud. Upon completion of an investigation, a report detailing the investigation must be sent to the disability determination services, where disability determination services staff serves as the ultimate decision-making entity in determining whether a person is eligible to receive a monthly disability benefit payment.
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