Tennessee § 63-2-104 Electronic medical records - Information blocking prohibited - Procedure for disclosure of test results - Exclusions

Tennessee Statutes

§ 63-2-104 — Electronic medical records - Information blocking prohibited - Procedure for disclosure of test results - Exclusions

(a)A healthcare professional subject to this title who is considered a business associate, as that term is defined in 45 CFR § 160.103 , shall comply with:

(1)The Health Insurance Portability and Accountability Act (HIPAA) ( 42 U.S.C. § 1320d et seq.) and standards for privacy of individually identifiable health information required by 45 CFR Parts 160 and 164; and (2) Federal laws regulating information blocking, as that term is defined in 45 CFR § 171.103 .

(b)Notwithstanding another law to the contrary, except as provided in subsection (c), a healthcare provider requesting a medical laboratory test for a patient shall not engage in information blocking as described in 42 U.S.C. § 300jj-52 .

(c)The following reports, test results, and any other related results must not be disclosed b

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(a) A healthcare professional subject to this title who is considered a business associate, as that term is defined in 45 CFR § 160.103 , shall comply with: (1) The Health Insurance Portability and Accountability Act (HIPAA) ( 42 U.S.C. § 1320d et seq.) and standards for privacy of individually identifiable health information required by 45 CFR Parts 160 and 164; and (2) Federal laws regulating information blocking, as that term is defined in 45 CFR § 171.103 . (b) Notwithstanding another law to the contrary, except as provided in subsection (c), a healthcare provider requesting a medical laboratory test for a patient shall not engage in information blocking as described in 42 U.S.C. § 300jj-52 . (c) The following reports, test results, and any other related results must not be disclosed by a designated entity, as defined under § 68-29-103 , to a patient as part of the patient's electronic health record until seventy-two (72) hours after the results are finalized, unless the healthcare provider directs the release of the results before the end of that seventy-two-hour period: (1) Pathology reports or radiology reports that have a reasonable likelihood of showing a finding of new or recurring malignancy; (2) Tests that could reveal genetic markers; (3) A positive HIV test, except that this section does not prevent the disclosure of HIV test results, including viral load and CD4 count test results, to a patient living with HIV by secure internet website or other electronic means if the patient has previously been informed about the results of a positive HIV test pursuant to the requirements of this section; or (4) Presence of antigens indicating a hepatitis infection. (d) This section does not apply to a person or entity that is licensed under this title or title 68.

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