Tennessee House Bill HB2011

Tennessee 2023-2024 Regular Session

• Introduced: 1/23/24
• Refer: 1/25/24
• Refer: 3/26/24
• Refer: 4/3/24
• Refer: 4/15/24
• Chaptered: 5/13/24
• Passed: 5/13/24

Caption

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

Impact

The enactment of HB 2011 will have significant implications for the way healthcare entities manage and disclose health records across Tennessee. By establishing strict guidelines for health insurance entities, the bill promotes transparency and patient access to their medical records while ensuring that the rights of patients are respected. It includes provisions preventing business associates from entering contracts that restrict patients' access to their electronic health records, thus fostering an environment of openness and accountability in healthcare transactions. The bill also permits the Attorney General to seek civil penalties against violators, which adds a layer of enforcement to the proposed regulations.

Summary

House Bill 2011 is an act aimed at amending various titles within the Tennessee Code Annotated, specifically focusing on health records and the compliance of healthcare providers and business associates with federal law. The bill is designed to ensure that healthcare professionals and entities adhere to the regulations set forth by the Health Insurance Portability and Accountability Act (HIPAA), particularly regarding the privacy and access to electronic health records. Additionally, it seeks to address information blocking practices that could hinder patient access to their health information. The regulations proposed in the bill are intended to enhance the overall efficiency of health information exchange within the state.

Sentiment

The sentiment surrounding HB 2011 appears to be generally positive among healthcare advocates and lawmakers who prioritize patient rights and transparency in healthcare services. Supporters argue that the legislation is a necessary step towards strengthening the patient-provider relationship and curbing unethical practices such as information blocking. However, there are concerns among certain healthcare providers regarding the potential burdens imposed by the compliance requirements and financial penalties associated with violations. The discussion surrounding the bill reflects a balance between enhancing patient rights and ensuring that healthcare providers can operate without excessive regulatory burdens.

Contention

A notable point of contention regarding HB 2011 is the implementation of penalties for violations of the proposed regulations. Critics have raised concerns that the financial penalties could disproportionately impact smaller healthcare providers, potentially discouraging them from servicing underserved populations. Additionally, the stipulations regarding the timing of disclosing sensitive health results could also generate debate among stakeholders who are concerned about the implications for patient autonomy and the responsiveness of healthcare providers. Overall, the bill positions itself at the intersection of patient rights advocacy and the practical realities faced by healthcare providers in maintaining compliance with regulations.