Records property of hospitals — Access — Not public records — Funding for medical record requests — Access during time of public health threat

Tenn. Code Ann. § 68-11-304, under Medical Records Act of 1974.

Tenn. Code Ann. § 68-11-304

(a) (1) Hospital records are and must remain the property of the various hospitals, subject, however, to court order to produce the records. Unless restricted by state or federal law or regulation, a hospital or other healthcare facility licensed or regulated under part 2 of this chapter shall furnish to a patient or a patient's authorized representative, such part or parts of the patient's hospital records without unreasonable delay upon request in writing by the patient or the representative. As authorized by 45 CFR § 164.502(g)(4), if the patient becomes incapacitated or dies, and there is no authorized representative for the patient, then the following individuals are considered to be authorized representatives for the patient:(A) The surviving spouse;(B) If there is no surviving spouse, a surviving child; and(C) If there is no surviving child, a parent.(2) (A) For records other than those involving workers' compensation cases:(i) The party requesting the patient's medical records in paper format is responsible to the provider or the provider's third-party release of information provider for the reasonable costs of copying and mailing the patient's records. Such reasonable costs must not exceed:(a) Twenty-five dollars ($25.00) for paper copies of medical records five (5) pages or less in length;(b) Fifty cents (50¢) per page for each page copied after the first five (5) pages;(c) Twenty dollars ($20.00) per printed film for producing radiology images in hard copy; and(d) The actual cost of mailing;(ii) If a party described in subdivision (a)(2)(A)(i) requests certification or notarization, then a certification or notary fee must be charged as a flat fee of twenty dollars ($20.00);(iii) The party requesting the patient's records in electronic format is responsible to the provider or the provider's third-party release of information provider for the following fees:(a) The reasonable fees for fulfilling a patient's request for the patient to receive their own records are governed by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (42 U.S.C. § 1320d et seq.), and the Health Information Technology for Economic and Clinical Health (HITECH) Act (42 U.S.C. § 201 et seq.), and those acts' implementing regulations, which must not exceed the cost of the following:(1) Labor for copying the protected health information requested by the individual;(2) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and(3) Postage, when the individual has requested the copy, summary, or explanation be mailed; and(b) For all other requesters and recipients, the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, must comply with the following:(1) The fee for all electronic medical records must be a flat fee of ninety dollars ($90.00);(2) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal;(3) If certification or notarization is requested, then a certification or notary fee must be charged as a flat fee of twenty dollars ($20.00);(4) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(2)(A)(i); and(5) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically;(iv) Upon request, a person or entity providing records pursuant to this section shall provide the records in electronic form unless the records are not kept in electronic form in the usual course of business;(v) For any medical records request other than a request made by the patient or the patient's personal representative, as defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (42 U.S.C. § 1320d et seq.), for the patient's personal use, a covered entity or business associate may require payment prior to the release of the records. Payment may be remitted electronically;(vi) A third-party release of information provider of record copying and related services is subject to the fee limits contained in this section and shall not impose a charge or fee for such service in excess of such fee limits;(vii) The fees charged for reproducing records of patients involved in a workers' compensation claim are as specified in § 50-6-204; and(viii) A provider shall not charge a fee for copying or notarizing a medical record when requested by the department of health pursuant to a complaint, inspection, or survey as set forth in § 63-1-117.(B) (i) Notwithstanding subdivision (a)(2)(A), a hospital may not impose a charge on an indigent person for furnishing the person, or the person's attorney or authorized representative, with a health record or part thereof concerning the patient for the purpose of supporting a claim or appeal under any provision of the Social Security Act (42 U.S.C. § 301 et seq.), if a request for the record or part thereof is accompanied by a copy of a recent application seeking benefits under the Social Security Act or a copy of a recent decision denying benefits. Patients being represented by organizations whose purpose is to provide legal assistance to the indigent, or represented by attorneys with an affiliated pro bono program, shall be presumed indigent. A hospital may demand reasonable proof of indigency from any other patient not so represented, or the patient's attorney or authorized representative, by submission of the following form: AFFIDAVIT OF INDIGENCY I, , do solemnly swear or affirm under penalties of perjury, that owing to poverty, I am not able to bear the expense of the furnishing of my medical record(s), and that any future action will be filed with the Court, along with a Pauper's Oath, pursuant to Tennessee Code Annotated, § 20-12-127. I am, am not, represented by an attorney and this is my first request for any or all of my medical record(s).                               Signature of Patient    Date:    Birth Date :    Social Security Number:    State of Tennessee    County of Subscribed and sworn to before me, this day of , 20.    By:      Notary Public (ii) If a copy of the patient's medical records has been previously provided without charge to an indigent patient or the patient's attorney or authorized representative, the hospital is not required to provide an additional copy of the same records without charge. A hospital shall furnish a health record requested pursuant to this section within thirty (30) days of the request.(3) Nothing in this section shall be construed as superseding any law that establishes specific costs for the reproduction, copying or mailing of records.(4) Payment of costs may be required by the hospital prior to the records being furnished.(5) Nothing in this section shall be construed as prohibiting a hospital from charging the actual costs of postage, in addition to charges otherwise permitted by this section.

(1) Hospital records are and must remain the property of the various hospitals, subject, however, to court order to produce the records. Unless restricted by state or federal law or regulation, a hospital or other healthcare facility licensed or regulated under part 2 of this chapter shall furnish to a patient or a patient's authorized representative, such part or parts of the patient's hospital records without unreasonable delay upon request in writing by the patient or the representative. As authorized by 45 CFR § 164.502(g)(4), if the patient becomes incapacitated or dies, and there is no authorized representative for the patient, then the following individuals are considered to be authorized representatives for the patient:(A) The surviving spouse;(B) If there is no surviving spouse, a surviving child; and(C) If there is no surviving child, a parent.

(A) The surviving spouse;

(B) If there is no surviving spouse, a surviving child; and

(C) If there is no surviving child, a parent.

(2) (A) For records other than those involving workers' compensation cases:(i) The party requesting the patient's medical records in paper format is responsible to the provider or the provider's third-party release of information provider for the reasonable costs of copying and mailing the patient's records. Such reasonable costs must not exceed:(a) Twenty-five dollars ($25.00) for paper copies of medical records five (5) pages or less in length;(b) Fifty cents (50¢) per page for each page copied after the first five (5) pages;(c) Twenty dollars ($20.00) per printed film for producing radiology images in hard copy; and(d) The actual cost of mailing;(ii) If a party described in subdivision (a)(2)(A)(i) requests certification or notarization, then a certification or notary fee must be charged as a flat fee of twenty dollars ($20.00);(iii) The party requesting the patient's records in electronic format is responsible to the provider or the provider's third-party release of information provider for the following fees:(a) The reasonable fees for fulfilling a patient's request for the patient to receive their own records are governed by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (42 U.S.C. § 1320d et seq.), and the Health Information Technology for Economic and Clinical Health (HITECH) Act (42 U.S.C. § 201 et seq.), and those acts' implementing regulations, which must not exceed the cost of the following:(1) Labor for copying the protected health information requested by the individual;(2) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and(3) Postage, when the individual has requested the copy, summary, or explanation be mailed; and(b) For all other requesters and recipients, the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, must comply with the following:(1) The fee for all electronic medical records must be a flat fee of ninety dollars ($90.00);(2) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal;(3) If certification or notarization is requested, then a certification or notary fee must be charged as a flat fee of twenty dollars ($20.00);(4) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(2)(A)(i); and(5) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically;(iv) Upon request, a person or entity providing records pursuant to this section shall provide the records in electronic form unless the records are not kept in electronic form in the usual course of business;(v) For any medical records request other than a request made by the patient or the patient's personal representative, as defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (42 U.S.C. § 1320d et seq.), for the patient's personal use, a covered entity or business associate may require payment prior to the release of the records. Payment may be remitted electronically;(vi) A third-party release of information provider of record copying and related services is subject to the fee limits contained in this section and shall not impose a charge or fee for such service in excess of such fee limits;(vii) The fees charged for reproducing records of patients involved in a workers' compensation claim are as specified in § 50-6-204; and(viii) A provider shall not charge a fee for copying or notarizing a medical record when requested by the department of health pursuant to a complaint, inspection, or survey as set forth in § 63-1-117.(B) (i) Notwithstanding subdivision (a)(2)(A), a hospital may not impose a charge on an indigent person for furnishing the person, or the person's attorney or authorized representative, with a health record or part thereof concerning the patient for the purpose of supporting a claim or appeal under any provision of the Social Security Act (42 U.S.C. § 301 et seq.), if a request for the record or part thereof is accompanied by a copy of a recent application seeking benefits under the Social Security Act or a copy of a recent decision denying benefits. Patients being represented by organizations whose purpose is to provide legal assistance to the indigent, or represented by attorneys with an affiliated pro bono program, shall be presumed indigent. A hospital may demand reasonable proof of indigency from any other patient not so represented, or the patient's attorney or authorized representative, by submission of the following form: AFFIDAVIT OF INDIGENCY I, , do solemnly swear or affirm under penalties of perjury, that owing to poverty, I am not able to bear the expense of the furnishing of my medical record(s), and that any future action will be filed with the Court, along with a Pauper's Oath, pursuant to Tennessee Code Annotated, § 20-12-127. I am, am not, represented by an attorney and this is my first request for any or all of my medical record(s).                               Signature of Patient    Date:    Birth Date :    Social Security Number:    State of Tennessee    County of Subscribed and sworn to before me, this day of , 20.    By:      Notary Public (ii) If a copy of the patient's medical records has been previously provided without charge to an indigent patient or the patient's attorney or authorized representative, the hospital is not required to provide an additional copy of the same records without charge. A hospital shall furnish a health record requested pursuant to this section within thirty (30) days of the request.

(A) For records other than those involving workers' compensation cases:(i) The party requesting the patient's medical records in paper format is responsible to the provider or the provider's third-party release of information provider for the reasonable costs of copying and mailing the patient's records. Such reasonable costs must not exceed:(a) Twenty-five dollars ($25.00) for paper copies of medical records five (5) pages or less in length;(b) Fifty cents (50¢) per page for each page copied after the first five (5) pages;(c) Twenty dollars ($20.00) per printed film for producing radiology images in hard copy; and(d) The actual cost of mailing;(ii) If a party described in subdivision (a)(2)(A)(i) requests certification or notarization, then a certification or notary fee must be charged as a flat fee of twenty dollars ($20.00);(iii) The party requesting the patient's records in electronic format is responsible to the provider or the provider's third-party release of information provider for the following fees:(a) The reasonable fees for fulfilling a patient's request for the patient to receive their own records are governed by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (42 U.S.C. § 1320d et seq.), and the Health Information Technology for Economic and Clinical Health (HITECH) Act (42 U.S.C. § 201 et seq.), and those acts' implementing regulations, which must not exceed the cost of the following:(1) Labor for copying the protected health information requested by the individual;(2) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and(3) Postage, when the individual has requested the copy, summary, or explanation be mailed; and(b) For all other requesters and recipients, the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, must comply with the following:(1) The fee for all electronic medical records must be a flat fee of ninety dollars ($90.00);(2) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal;(3) If certification or notarization is requested, then a certification or notary fee must be charged as a flat fee of twenty dollars ($20.00);(4) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(2)(A)(i); and(5) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically;(iv) Upon request, a person or entity providing records pursuant to this section shall provide the records in electronic form unless the records are not kept in electronic form in the usual course of business;(v) For any medical records request other than a request made by the patient or the patient's personal representative, as defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (42 U.S.C. § 1320d et seq.), for the patient's personal use, a covered entity or business associate may require payment prior to the release of the records. Payment may be remitted electronically;(vi) A third-party release of information provider of record copying and related services is subject to the fee limits contained in this section and shall not impose a charge or fee for such service in excess of such fee limits;(vii) The fees charged for reproducing records of patients involved in a workers' compensation claim are as specified in § 50-6-204; and(viii) A provider shall not charge a fee for copying or notarizing a medical record when requested by the department of health pursuant to a complaint, inspection, or survey as set forth in § 63-1-117.

(i) The party requesting the patient's medical records in paper format is responsible to the provider or the provider's third-party release of information provider for the reasonable costs of copying and mailing the patient's records. Such reasonable costs must not exceed:(a) Twenty-five dollars ($25.00) for paper copies of medical records five (5) pages or less in length;(b) Fifty cents (50¢) per page for each page copied after the first five (5) pages;(c) Twenty dollars ($20.00) per printed film for producing radiology images in hard copy; and(d) The actual cost of mailing;

(a) Twenty-five dollars ($25.00) for paper copies of medical records five (5) pages or less in length;

(b) Fifty cents (50¢) per page for each page copied after the first five (5) pages;

(c) Twenty dollars ($20.00) per printed film for producing radiology images in hard copy; and

(d) The actual cost of mailing;

(ii) If a party described in subdivision (a)(2)(A)(i) requests certification or notarization, then a certification or notary fee must be charged as a flat fee of twenty dollars ($20.00);

(iii) The party requesting the patient's records in electronic format is responsible to the provider or the provider's third-party release of information provider for the following fees:(a) The reasonable fees for fulfilling a patient's request for the patient to receive their own records are governed by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (42 U.S.C. § 1320d et seq.), and the Health Information Technology for Economic and Clinical Health (HITECH) Act (42 U.S.C. § 201 et seq.), and those acts' implementing regulations, which must not exceed the cost of the following:(1) Labor for copying the protected health information requested by the individual;(2) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and(3) Postage, when the individual has requested the copy, summary, or explanation be mailed; and(b) For all other requesters and recipients, the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, must comply with the following:(1) The fee for all electronic medical records must be a flat fee of ninety dollars ($90.00);(2) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal;(3) If certification or notarization is requested, then a certification or notary fee must be charged as a flat fee of twenty dollars ($20.00);(4) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(2)(A)(i); and(5) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically;

(a) The reasonable fees for fulfilling a patient's request for the patient to receive their own records are governed by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (42 U.S.C. § 1320d et seq.), and the Health Information Technology for Economic and Clinical Health (HITECH) Act (42 U.S.C. § 201 et seq.), and those acts' implementing regulations, which must not exceed the cost of the following:(1) Labor for copying the protected health information requested by the individual;(2) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and(3) Postage, when the individual has requested the copy, summary, or explanation be mailed; and

(1) Labor for copying the protected health information requested by the individual;

(2) Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and

(3) Postage, when the individual has requested the copy, summary, or explanation be mailed; and

(b) For all other requesters and recipients, the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, must comply with the following:(1) The fee for all electronic medical records must be a flat fee of ninety dollars ($90.00);(2) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal;(3) If certification or notarization is requested, then a certification or notary fee must be charged as a flat fee of twenty dollars ($20.00);(4) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(2)(A)(i); and(5) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically;

(1) The fee for all electronic medical records must be a flat fee of ninety dollars ($90.00);

(2) The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal;

(3) If certification or notarization is requested, then a certification or notary fee must be charged as a flat fee of twenty dollars ($20.00);

(4) Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(2)(A)(i); and

(5) The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically;

(iv) Upon request, a person or entity providing records pursuant to this section shall provide the records in electronic form unless the records are not kept in electronic form in the usual course of business;

(v) For any medical records request other than a request made by the patient or the patient's personal representative, as defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (42 U.S.C. § 1320d et seq.), for the patient's personal use, a covered entity or business associate may require payment prior to the release of the records. Payment may be remitted electronically;

(vi) A third-party release of information provider of record copying and related services is subject to the fee limits contained in this section and shall not impose a charge or fee for such service in excess of such fee limits;

(vii) The fees charged for reproducing records of patients involved in a workers' compensation claim are as specified in § 50-6-204; and

(viii) A provider shall not charge a fee for copying or notarizing a medical record when requested by the department of health pursuant to a complaint, inspection, or survey as set forth in § 63-1-117.

(B) (i) Notwithstanding subdivision (a)(2)(A), a hospital may not impose a charge on an indigent person for furnishing the person, or the person's attorney or authorized representative, with a health record or part thereof concerning the patient for the purpose of supporting a claim or appeal under any provision of the Social Security Act (42 U.S.C. § 301 et seq.), if a request for the record or part thereof is accompanied by a copy of a recent application seeking benefits under the Social Security Act or a copy of a recent decision denying benefits. Patients being represented by organizations whose purpose is to provide legal assistance to the indigent, or represented by attorneys with an affiliated pro bono program, shall be presumed indigent. A hospital may demand reasonable proof of indigency from any other patient not so represented, or the patient's attorney or authorized representative, by submission of the following form: AFFIDAVIT OF INDIGENCY I, , do solemnly swear or affirm under penalties of perjury, that owing to poverty, I am not able to bear the expense of the furnishing of my medical record(s), and that any future action will be filed with the Court, along with a Pauper's Oath, pursuant to Tennessee Code Annotated, § 20-12-127. I am, am not, represented by an attorney and this is my first request for any or all of my medical record(s).                               Signature of Patient    Date:    Birth Date :    Social Security Number:    State of Tennessee    County of Subscribed and sworn to before me, this day of , 20.    By:      Notary Public (ii) If a copy of the patient's medical records has been previously provided without charge to an indigent patient or the patient's attorney or authorized representative, the hospital is not required to provide an additional copy of the same records without charge. A hospital shall furnish a health record requested pursuant to this section within thirty (30) days of the request.

(i) Notwithstanding subdivision (a)(2)(A), a hospital may not impose a charge on an indigent person for furnishing the person, or the person's attorney or authorized representative, with a health record or part thereof concerning the patient for the purpose of supporting a claim or appeal under any provision of the Social Security Act (42 U.S.C. § 301 et seq.), if a request for the record or part thereof is accompanied by a copy of a recent application seeking benefits under the Social Security Act or a copy of a recent decision denying benefits. Patients being represented by organizations whose purpose is to provide legal assistance to the indigent, or represented by attorneys with an affiliated pro bono program, shall be presumed indigent. A hospital may demand reasonable proof of indigency from any other patient not so represented, or the patient's attorney or authorized representative, by submission of the following form: AFFIDAVIT OF INDIGENCY I, , do solemnly swear or affirm under penalties of perjury, that owing to poverty, I am not able to bear the expense of the furnishing of my medical record(s), and that any future action will be filed with the Court, along with a Pauper's Oath, pursuant to Tennessee Code Annotated, § 20-12-127. I am, am not, represented by an attorney and this is my first request for any or all of my medical record(s).                               Signature of Patient    Date:    Birth Date :    Social Security Number:    State of Tennessee    County of Subscribed and sworn to before me, this day of , 20.    By:      Notary Public

AFFIDAVIT OF INDIGENCY

I, , do solemnly swear or affirm under penalties of perjury, that owing to poverty, I am not able to bear the expense of the furnishing of my medical record(s), and that any future action will be filed with the Court, along with a Pauper's Oath, pursuant to Tennessee Code Annotated, § 20-12-127.

I am, am not, represented by an attorney and this is my first request for any or all of my medical record(s).

Signature of Patient

Date:

Birth Date :

Social Security Number:

State of Tennessee

County of

Subscribed and sworn to before me, this day of , 20.

By:

Notary Public

(ii) If a copy of the patient's medical records has been previously provided without charge to an indigent patient or the patient's attorney or authorized representative, the hospital is not required to provide an additional copy of the same records without charge. A hospital shall furnish a health record requested pursuant to this section within thirty (30) days of the request.

(3) Nothing in this section shall be construed as superseding any law that establishes specific costs for the reproduction, copying or mailing of records.

(4) Payment of costs may be required by the hospital prior to the records being furnished.

(5) Nothing in this section shall be construed as prohibiting a hospital from charging the actual costs of postage, in addition to charges otherwise permitted by this section.

(b) Hospital records shall be made available when requested for inspection by a duly authorized representative of the board or department.

(c) Except as otherwise provided by law, hospital records shall not constitute public records, and nothing contained in this part shall be deemed to impair any privilege of confidentiality conferred by law on patients, their personal representatives or heirs.

(d) [Deleted by 2025 amendment.]

(e) Providers, as defined in § 71-5-2503, shall make available for inspection and copying, to the office of inspector general and the medicaid fraud control unit, upon request, no later than by the close of business on the next business day, a complete set of all medical records requested in connection with an investigation being pursued by the agency, or shall provide a compelling reason why the requested records cannot be produced; provided, that no such records shall be removed from the grounds of the provider's office without the provider's consent, unless the office of inspector general or the medicaid fraud control unit reasonably believes that requested documents are about to be altered or destroyed.

(f) On request of a provider, a duly authorized agent of the requesting agency shall sign a document acknowledging receipt of records produced pursuant to this section. On request of a duly authorized agent of the requesting agency, a duly authorized agent of the provider shall sign a document acknowledging the return of specific records to the provider.

(g) No person or entity shall be subject to any civil or criminal liability for releasing patient information in response to a request from the office of inspector general or the medicaid fraud control unit.

(h) Pursuant to § 68-1-104, the commissioner or the commissioner's designee, upon request, shall obtain access to records maintained by any facility, entity, or individual licensed under title 63. Access shall be given in the most efficient and expedient means possible, including remote electronic access, to facilitate investigations and inquiries while responding to an immediate threat to the public health, welfare, or general good. Electronic access shall be limited to the minimum necessary for the duration of the outbreak, event, or time in which the public health is under immediate threat as determined by the commissioner.

(i) A parent, legal guardian, legal custodian, or other person with medical decision-making authority for an unemancipated minor may access, and a healthcare provider or healthcare facility shall provide access, in accordance with § 36-8-103, to the unemancipated minor's medical records resulting from medical treatment provided without parental consent, including treatment provided pursuant to § 68-10-104(c), § 68-34-107, § 63-6-220, § 63-6-222, or § 63-6-223.

(j) Notwithstanding subsection (i), a child's parent, legal guardian, or legal custodian shall not access, in accordance with § 36-8-103, the unemancipated minor's medical records resulting from treatment provided without parental consent, including treatment provided pursuant to § 68-10-104(c), § 68-34-107, § 63-6-220, § 63-6-222, or § 63-6-223, if the treating professional is required to report abuse of the unemancipated minor pursuant to § 37-1-403 or § 37-1-605, and the treating professional believes that access to medical records is reasonably likely to endanger the life or physical safety of the minor.