Title 68, Health, Safety and Environmental Protection

(a) An adult care home provider or traumatic brain injury residential home provider shall conduct an assessment of a prospective resident before admitting the resident. The assessment shall include, but it is not limited to, diagnoses, medications, personal care needs, nursing ca…

(a) Prior to employing or contracting with any person providing direct care to a resident or patient, for whom a background check has not been completed, a health care facility licensed under this title shall initiate and perform a “registry check” which for the purposes of this …

(a) It is the policy of this state to encourage the improvement of patient safety, the quality of patient care and the evaluation of the quality, safety, cost, processes and necessity of healthcare services by hospitals, healthcare facilities and healthcare providers. Tennessee f…

(a) Traumatic brain injury residential homes shall be licensed by the commission and meet the standards prescribed in this part and in regulations promulgated by the commission pursuant to this part, unless the commission waives the same. (b) As a condition for licensure, a traum…

As an alternative to the licensing condition of off-site day services established by §§ 68-11-206(a)(2)(E) and 68-11-273, a traumatic brain injury residential home serving only private pay or private insurance clients may provide day services for its residents on site as part of …

(a) Nothing in this part, including the traumatic brain injury residential homes authorized by this part, shall entitle any traumatic brain injury residential home provider to funds from the TennCare CHOICES program or any successor to the TennCare program, other than those funds…

(a) As used in this section:(1) “Family member” means a spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half-brother, half-sister, adopted child, or spouse's parent;(2) “Hospital” has the same meaning as defined in § 68-11-201; and(3) “Pat…

(a) The commission shall appoint an executive director qualified by education and experience. The executive director must demonstrate knowledge and experience in the areas of public administration and health policy development. The executive director of the commission on June 30,…

Fees collected pursuant to § 68-11-202(c) must not revert to the general fund on any June 30, but must remain available for expenditure in subsequent fiscal years. These funds may be expended for operating expenses of the commission as authorized in the annual appropriations act.

(a) The health facilities commission shall establish an independent informal dispute resolution (IIDR) program that conforms to the requirements of this section. (b) If a nursing home is entitled to an informal dispute under 42 C.F.R. § 488.331 or 42 C.F.R. § 488.431, or pursuant…

(a) The executive director shall establish and maintain an assisted-care living facility trust fund known as the ACLF quality improvement fund. The ACLF quality improvement fund must be created by the deposit of all civil monetary penalties collected from assisted-care living fac…

The attorney general and reporter, either on the attorney general and reporter's own initiative or upon request of the health facilities commission or executive director, may petition a court for appointment of a receiver for a facility. The petition must be filed in the chancery…

(a) As used in this section:(1) “CMS” means the federal centers for medicare and medicaid services;(2) “Long-term care facility” means a nursing facility that is certified under Title XVIII or Title XIX of the Social Security Act (42 U.S.C. § 1395 et seq. and 42 U.S.C. § 1396 et …

(a) As used in this section:(1) “Affiliate” means an entity that is controlled by or under common control with an acute care hospital;(2) “Control” means the ability through ownership, voting authority, or contract to make final decisions regarding management and operation;(3) “H…

(a) The commission shall negotiate with the federal centers for medicare and medicaid services to secure the procedural flexibility the commission deems necessary to effectively and efficiently regulate the commission, including securing a block grant waiver amendment pursuant to…

(a) As used in this section:(1) “Emergency medical condition” means:(A) A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:(i) Placi…

This part shall be known and may be cited as the “Medical Records Act of 1974.”

(1) As used in this part, unless the context otherwise requires:(1) “Board” means the board for licensing health care facilities, as established in § 68-11-203;(2) “Business records” means all those books, ledgers, records, papers and other documents prepared, kept, made or recei…

(a) All hospitals, their officers or employees, and medical and nursing personnel practicing in the hospitals, shall with reasonable promptness prepare, make and maintain true and accurate hospital records, including records pertaining to abortions as provided in § 39-15-203, com…

(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…

(a) (1) Unless specified otherwise by the board, a hospital shall retain and preserve records that relate directly to the care and treatment of a patient for a period of ten (10) years following the discharge of the patient or such patient's death during such patient's period of …

(a) Before the hospital record is destroyed, the hospital shall cause an abstract to be made of any pertinent data, where so required by the rules and regulations of the board, or as the hospital in its discretion may find proper. (b) (1) Any hospital may transfer and record upon…

Any hospital may retain, preserve and store hospital records, either in the original or reproduced form, for such longer periods as in its discretion it may find proper, or as may be required by any court of competent jurisdiction.

(a) If any hospital is finally closed, its hospital records shall be delivered and turned over, in good order and properly indexed for convenient reference, to the department, which shall store, retain, retire and provide access to the information in the same manner as is provide…

(a) Except as otherwise provided by law, order or decree of any court of competent jurisdiction, or applicable rules and regulations, any hospital may retire any business records at such times as in its judgment may conform to sound business practices and the reasonable accommoda…

(a) (1) All hospitals licensed by the health facilities commission or by the department of mental health and substance abuse services shall, within one hundred fifty (150) days after the end of each individual hospital's fiscal year, submit to the department of health a joint ann…

(a) A willful violation of this part is a Class C misdemeanor. (b) No hospital, its officers, employees, or medical and nursing personnel practicing in the hospital, shall be civilly liable for violation of this part, except to the extent of liability for actual damages in a civi…

(a) It is the public policy of the state of Tennessee to promote effective communications between health care providers while rendering care to their patients. (b) (1) There is no implied covenant of confidentiality or other restriction that precludes: (A) Health care providers f…

(a) (1) A hospital licensed pursuant to this chapter shall require that all verbal orders be authenticated by a physician or authorized individual who has the authority to issue verbal orders in accordance with hospital policies or medical staff bylaws.(2) The policies or bylaws …

(a) Pursuant to § 68-1-104, the commissioner of health or the commissioner's designee may obtain records maintained by any facility licensed under this title to facilitate investigations and inquiries concerning opioid drug abuse, opioid drug overdoses, and opioid overdose deaths…

(1) As used in this part, unless the context otherwise requires:(1) “Custodian” means and includes the medical record practitioner and the administrator or other chief officer of a duly licensed hospital in this state and its proprietor, the appropriately designated person of a c…

(a) Except as otherwise provided, when a subpoena duces tecum is served upon a custodian of records of any community mental health center or hospital duly licensed under the laws of this state in an action or proceeding in which the hospital is neither a party nor the place where…

(1) The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness and date of subpoena clearly inscribed on the envelope or wrapper. The sealed envelope or wrapper shall then be enclosed in a…

(a) (1) Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribuna…

(a) The records shall be accompanied by an affidavit of a custodian stating in substance:(1) That the affiant is duly authorized custodian of the records and has authority to certify the records;(2) That the copy is a true copy of all the records described in the subpoena;(3) Tha…

(a) The copy of the record shall be admissible in evidence to the same extent as though the original of the record were offered and the custodian had been present and testified to the matters stated in the affidavit. (b) (1) The affidavit shall be admissible in evidence and the m…

(a) Where the personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads:“The procedure authorized pursuant to § 68-11-402 will not be deemed sufficient compliance with this subpoena.” “The procedure authorized pursuant to § 68-1…

(a) In view of the property right of the hospital or community mental health center in its records, original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body or tribunal c…

(a) Any municipality through its mayor and governing board is authorized to enter into contracts and guarantee the payment, and to make payment of the expense of maintaining a hospital for a period of five (5) years; provided, that any person will agree to defray the expense of b…

Municipalities and counties are empowered severally and jointly to enter into the contracts provided for in § 68-11-501. The municipalities and counties and those persons maintaining hospitals are authorized mutually to agree as to the amount of the expenses of the operation and …

(a) (1) The contract provided for by §§ 68-11-501 and 68-11-502, when made by the county legislative body of any county, shall be embodied in a resolution and shall set forth in full the proposition made by any person offering to build and equip the hospital.(2) The resolution sh…

Any county or incorporated municipality of this state is empowered and authorized to make contributions of property or money from the public funds of the county or municipality, or of both, to any general welfare corporation established under the laws of this state, and engaged i…

The contribution of public property and moneys, or both, to a public welfare corporation conducting a hospital is declared to be a public purpose for which public moneys raised by taxation may be expended.

(a) In making any contribution pursuant to this part, the county legislative body shall act by resolution making an appropriation where the contribution is from the funds of the county, or directing the execution of a bill of sale or deed by appropriate county officers in the nam…

All contributions pursuant to this part previously given to the public welfare corporations conducting hospitals as mentioned in this part are validated.

This part shall be known and may be cited as the “Medical Arts Building Act of 1974.”