Restriction of patient or patient’s representative access to electronic health records prohibited — Penalties

Tenn. Code Ann. § 47-25-113, under Trusts — Unlawful Restraint of Trade and Discrimination.

Tenn. Code Ann. § 47-25-113

(a) A business associate shall not enter into a contract with a person or entity that includes terms that restrict a patient or the patient's representative from accessing the patient's electronic health records. Any contract clause or provision that restricts a patient's access to the patient's electronic health records is void and unenforceable.

(b) It is an unlawful restraint of trade or commerce for a person to intentionally violate federal laws regulating information blocking, as that term is defined in 45 CFR § 171.103, and such violations are subject to the same civil and criminal penalties as a violation of § 47-25-101.