Join us in Nashville, TN for the joint Sequoia Project and Carequality 2025 Annual Meeting – Register Now

AN ACT to amend Tennessee Code Annotated, Title 8; Title 47; Title 56; Title 63 and Title 68, relative to health records

State and Bill #

TN

|

SB 0890 (2025) and SB 2012 (2024)

Codified At
Codified in scattered sections in Title 8, Title 47, Title 56, Title 63 and Title 68
Effective Date
SB 2012 ( effective 7/1/2024) and SB 0890 ( effective 7/1/2025)
Description

With respect to the amendments to Title 63

  • Requires healthcare professionals who are considered business associates to comply with HIPAA and the federal Information Blocking Rule
  • Prohibits a health care provider requesting a medical laboratory test from engaging in information blocking (as defined by federal law)
  • This section does not apply to persons or entities licensed under Title 63 or Title 68

With respect to the amendments to Title 68

  • Requires a business associate (as defined by HIPAA) to comply with the federal Information Blocking Rule
  • Authorizes the State Attorney General to institute an action for injunctive relief to restrain violations of the federal Information Blocking Rule and/or to seek civil penalties

With respect to the amendments to Title 47

  • Prohibits a business associate from entering into a contract with a person or entity that would restrict a patient or their representative from accessing the patient’s electronic health record
  • Makes it an unlawful restraint of trade or commerce to intentionally violate federal laws relating to information blocking and subjecting such violations to the same civil and criminal penalties as a violation of Section 47-25-101

With respect to the amendments to Title 56

  • Requires a health insurance entity to establish and maintain a patient access application programming interface (API), provider directory API, provider access API, payer-to-payer API, and prior authorization API in accordance with CMS interoperability standards for these APIs by the compliance date(s) set by CMS for these APIs
  • Provides that the commissioner of commerce and insurance may promulgate rules to implement these requirements