Prohibition on insurance-driven questionnaires. [Effective October 1, 2026.]

Tenn. Code Ann. § 56-7-1022, under Health and Accident Insurance.

Tenn. Code Ann. § 56-7-1022

(a) A health insurance issuer, managed care organization, or an entity providing reimbursement for healthcare services shall not require or request a healthcare provider or facility to ask the following questions for any purpose, including as a condition of payment, credentialing, quality scoring, compliance, or participation:(1) Whether a minor feels normal in the minor's body;(2) Whether a minor believes the minor is the correct gender;(3) Whether a minor identifies as a gender different from the minor's sex; or(4) An inquiry intended to elicit statements from a minor about gender confusion or gender dysphoria.

(1) Whether a minor feels normal in the minor's body;

(2) Whether a minor believes the minor is the correct gender;

(3) Whether a minor identifies as a gender different from the minor's sex; or

(4) An inquiry intended to elicit statements from a minor about gender confusion or gender dysphoria.

(b) A health insurance issuer, managed care organization, or any entity providing reimbursement for healthcare services shall not deny or reduce payment, impose penalties, or otherwise disadvantage a provider for failing to ask such questions.

(c) This section does not apply to questions regarding a female's menstrual period.

(d) As used in this section, “minor”:(1) Means a person who has not attained eighteen (18) years of age; and(2) Does not include a person who:(A) Is emancipated pursuant to title 29, chapter 31;(B) Needs emergency treatment pursuant to § 63-6-222;(C) Is or was previously a member of the armed forces of the United States or a member of a reserve or national guard unit; or(D) Is the parent of a minor child and has full custody of that minor child.

(1) Means a person who has not attained eighteen (18) years of age; and

(2) Does not include a person who:(A) Is emancipated pursuant to title 29, chapter 31;(B) Needs emergency treatment pursuant to § 63-6-222;(C) Is or was previously a member of the armed forces of the United States or a member of a reserve or national guard unit; or(D) Is the parent of a minor child and has full custody of that minor child.

(A) Is emancipated pursuant to title 29, chapter 31;

(B) Needs emergency treatment pursuant to § 63-6-222;

(C) Is or was previously a member of the armed forces of the United States or a member of a reserve or national guard unit; or

(D) Is the parent of a minor child and has full custody of that minor child.