§ 33-2-424 — Prohibited practices generally

(a) A treatment facility shall not: (1) Refer drug tests to an out-of-network laboratory if an in-network laboratory is reasonably available to meet the patient's drug testing needs; (2) Order or perform confirmatory testing in the absence of a documented medical or legal need for the testing; (3) Enter into any contract or agreement with a third-party payor that includes any inducement or incentive to reduce or limit services to a level or duration below what is in the best clinical interest of the patient; or (4) Request, receive, or retain payment for substance use disorder treatment services provided to a patient as a result of conduct described in subdivision (a)(1), (a)(2), or (a)(3). (b) In addition to any other punishment authorized by law, an entity that knowingly violates this section is subject to suspension or revocation of the entity's license pursuant to § 33-2-407 and the imposition of civil penalties under § 33-2-409 . (c) As used in this section, "treatment facility" means a developmental center, treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, hospital, community mental health center, counseling center, clinic, group home, halfway house, or any other entity that provides a mental health, intellectual, or developmental disability service or an alcohol and drug abuse prevention and/or treatment facility.

Legislative History

Added by 2021 Tenn. Acts, ch. 309, s 4, eff. 7/1/2022.