reglab/housing_qa huggingface dataset:
TN Code § 68-11-271 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-271. Registry Check

  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 section is defined as:  A state-by-state look in any state in which the person has lived in the previous seven (7) years of the national sex offender public registry web site coordinated by the United States department of justice; and   Any adult abuse registry maintained for any state in which the person has lived during the previous seven (7) years; and   The department of health's elder abuse registry established pursuant to part 10 of this chapter.     A health care facility may not employ or contract with any person providing direct care to a resident or patient if that individual is listed on any of the registries listed in subdivisions (a)(1)-(3).   If a health care facility contracts with a company, organization, or agency that provides or arranges for the provision of direct care to a resident or patient, the facility satisfies the requirements of subsection (a) by:  Receiving and retaining written documentation that an individual supplied by that company, organization, or agency is not listed on any of those registries, or;   Relying on a written contractual representation that such company, organization, or agency conducts the name searches required by subdivisions (a)(1)-(3), and any individual supplied by that company, organization, or agency is not listed on any of those registries; or   Satisfying both subdivisions (c)(1) and (2).     This section is not intended to apply to contracted, external staff who provide such services as cleaning services, maintenance of office or medical equipment or other services where direct patient contact is not intended.   A health care facility that complies with the requirements to perform a “registry check” under subsection (a), subsection (c), or both, shall not be subject to civil or criminal liability solely based upon the information provided through a registry check under this section. This immunity shall extend to a claim related to the facility's refusal to employ or contract with a person based on information obtained from a registry check.   The department of health shall post no later than October 1, 2010 in a conspicuous location on its web site as well as the web site of the board for licensing health care facilities a link to all databases listed in subdivisions (a)(1)-(3). In addition, the department of health shall notify all health care facilities annually through licensure renewals of their obligations under this section.   The requirements of this section shall become effective on and after October 1, 2010.
TN Code § 68-11-273 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-273. Licensing of Traumatic Brain Injury Residential Homes

  Traumatic brain injury residential homes shall be licensed by the board and meet the standards prescribed in this part and in regulations promulgated by the board pursuant to this part, unless the board waives the same.   As a condition for licensure, a traumatic brain injury residential home provider shall provide community-based care for its residents in addition to residential care. During weekdays, the disabled adults residing in a traumatic brain injury residential home shall be provided day services through a separate facility licensed by the state. On weekends, the disabled adults shall participate in community activities, including, but not limited to, church attendance, visits to local parks, and other recreational activities of their choice or the choice of their family or legal representatives.   Traumatic brain injury residential home providers shall not be required to live in or employ a resident manager or substitute caregiver to live in a traumatic brain injury residential home. However, a traumatic brain injury residential home provider shall employ staff members to supervise the residents at all times within the residence, including overnights and during weekends. The staff members providing overnight care and/or supervision shall hold a national certification by the Academy of Certified Brain Injury Specialists as a Certified Brain Injury Specialist (CBIS), or hold a current professional license as a physician, nurse practitioner, registered nurse, licensed rehabilitation professional, or licensed mental health professional who is trained and experienced in the care and rehabilitation of residents with traumatic brain injury.
TN Code § 68-11-274 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-274. Provision of Day Services for Residents as Part of Comprehensive Services

 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 its comprehensive services.
TN Code § 68-11-275 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 2 - Regulation of Health and Related Facilities|§ 68-11-275. Funding From the Tenncare Choices Program — Applicability of the Critical Adult Care Act of 2009

  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 for which the provider or its residents are eligible separate and apart from this part.   The Critical Adult Care Home Act of 2009, as enacted by chapter 579 of the Public Acts of 2009, shall have no applicability to chapter 1086 of the Public Acts of 2012 unless it is specifically authorized in chapter 1086 of the Public Acts of 2012.
TN Code § 68-11-301 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-301. Short Title

 This part shall be known and may be cited as the “Medical Records Act of 1974.”
TN Code § 68-11-302 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-302. Part Definitions

 As used in this part, unless the context otherwise requires:   “Board” means the board for licensing health care facilities, as established in § 68-11-203;   “Business records” means all those books, ledgers, records, papers and other documents prepared, kept, made or received at hospitals that pertain to the organization, administration or management of the business and affairs of hospitals, but that do not constitute hospital records as defined in subdivision (5);   “Department” means the department of health;   “Hospital” means any institution, place, building or agency that has been licensed by the board, as defined in § 68-11-201, or any clinic operated under the authority of a local or regional health department established under chapter 2, parts 6 and 7, of this title;    “Hospital records” means those medical histories, records, reports, summaries, diagnoses, prognoses, records of treatment and medication ordered and given, entries, X-rays, radiology interpretations, and other written, electronic, or graphic data prepared, kept, made or maintained in hospitals that pertain to hospital confinements or hospital services rendered to patients admitted to hospitals or receiving emergency room or outpatient care;   “Hospital records” also includes reductions of the original records upon photographic film of convenient size as provided in § 68-11-306;   “Hospital records” do not, however, include ordinary business records pertaining to patients' accounts or the administration of the institution;      “Patient” includes, but is not limited to, outpatients, inpatients, persons dead on arrival, persons receiving emergency room care, and the newborn;   For the purposes of this part, an unborn fetus shall not be considered a patient, whether the result of miscarriage or abortion; and     “Retirement” means the withdrawal from current files of hospital records, business records, or parts thereof on or after the expiration of the applicable period of retention established pursuant to § 68-11-305.
TN Code § 68-11-303 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-303. Hospital's Duty to Keep Records

  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, complying with the methods, minimum standards, and contents thereof as may be prescribed by rules and regulations adopted by the board.   The responsibility for supervision, filing and indexing of medical records shall be delegated to a responsible employee of the hospital.
TN Code § 68-11-305 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-305. Preservation of Records for Specified Time — Method of Destruction

   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 treatment within the hospital.   In cases of patients under mental disability or minority, their complete hospital records shall be retained for the period of minority or known mental disability, plus one (1) year, or ten (10) years following the discharge of the patient, whichever is longer.     An X-ray film may be retired four (4) years after the date of exposure; provided, that the written findings or interpretations of a radiologist who has read the X-ray film signed by the radiologist shall be retained for the same period as other hospital records under subsection (a).   Notwithstanding any law or rule to the contrary, mammography records shall be retained for the same period as other hospital records under subsection (a).    Upon retirement of the record as provided in subsection (a), the record or any part of the retired record shall be destroyed by burning, shredding or other effective method in keeping with the confidential nature of its contents.   Destruction of records must be made in the ordinary course of business and no record shall be destroyed on an individual basis.
TN Code § 68-11-306 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-306. Abstract Prepared Where Required — Photographic Reproductions — Reproduction Considered Original Record

  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.    Any hospital may transfer and record upon photographic film of convenient size, such as microfilm, photograph or photostat, or upon nonerasable optical and electronic imaging technology, for the preservation thereof as evidence, pursuant to § 24-7-110 [repealed], for the purposes of medical research and professional education, or administrative convenience, any or all of the original files and records of the hospital, dealing with case history, physical examination and daily hospital records of the individual patients thereof, including any miscellaneous documents, papers and correspondence in connection therewith.   The original documents so reproduced may be destroyed pursuant to the procedures set forth in § 68-11-305(c), and any such reproduction or copy of an original hospital record or part of an original hospital record shall be deemed to be the original hospital record or part of an original hospital record for all purposes, subject to retention and retirement as provided in § 68-11-305 and subsection (a).
TN Code § 68-11-307 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-307. Continued Storage of Records

 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.
TN Code § 68-11-308 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-308. Records of Closed Hospitals Retained

  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 provided for by hospitals.   In its discretion, the department may also exercise like authority, and to the same effect, with respect to reproduction of such hospital records as is conferred in § 68-11-306.
TN Code § 68-11-309 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-309. Retirement of Hospital Business Records

  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 accommodation of other interested parties.   Any hospital may, in its discretion, and at any time, cause any part of its business records to be reproduced as provided in § 68-11-306(b) for hospital records; however, this shall not be construed to permit the destruction, retirement or earlier retirement of any business record that is otherwise prohibited by law.
TN Code § 68-11-311 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-311. Violations — Civil Liability

  A willful violation of this part is a Class C misdemeanor.   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 civil action for willful or reckless or wanton acts or omissions constituting such violation. Such liability shall be subject, however, to any immunities or limitations of liability or damages provided by law.
TN Code § 68-11-312 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-312. Communication Between Health Care Providers and Their Patients

  It is the public policy of the state of Tennessee to promote effective communications between health care providers while rendering care to their patients.    There is no implied covenant of  confidentiality or other restriction that precludes:  Health care providers from communicating with each other in the course of providing care and treatment to a patient; or   A health care provider from responding to a request from a hospital regarding entries in the patient's records of the requesting hospital made or reviewed by that health care provider during the course of providing care and treatment to the patient in the hospital.     Notwithstanding subdivision (b)(1), any information received from a health care provider that corrects or modifies a patient's hospital record shall be made a part of the patient's hospital record with a notation as to the date the information was supplied and the name or names of the person or persons supplying the information.     This section shall not be construed to authorize any disclosure of information that would be prohibited pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), compiled in 42 U.S.C. § 1320d et seq.
TN Code § 68-11-313 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-313. Authentication of Verbal Orders

   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.   The policies or bylaws shall require that: authentication of a verbal order occurs within forty-eight (48) hours after the time the order is made unless a read-back and verify process pursuant to subdivision (a)(3) is used. The individual receiving a verbal order shall record the date and time of the verbal order, and sign the verbal order in accordance with hospital policies or medical staff bylaws.   A hospital policy may provide for a read-back and verify process for verbal orders. A read-back and verify process shall require that the individual receiving the order immediately read back the order to the physician or authorized individual, who shall immediately verify that the read-back order is correct. The individual receiving the verbal order shall record that the order was read back and verified. If the read-back and verify process is followed, the verbal order shall be authenticated no later than fourteen (14) days after the date of the verbal order.     Nothing in this subsection (b) shall be interpreted to encourage the more frequent use of verbal orders by the medical staff of a hospital.   Hospital policies or medical staff bylaws may establish a variety of modalities for communicating verbal orders and a read-back and verify process including, but not limited to, oral or electronic means so long as subdivisions (a)(2) and (3) are met.   For the purposes of this section, telephone orders are considered verbal orders.
TN Code § 68-11-314 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 3 - Medical Records Act of 1974|§ 68-11-314. Obtaining Records to Facilitate Investigations Regarding Opiate Drug Abuse, Overdoses, and Deaths

  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. Such facilities shall provide records in the most efficient and expedient means possible. To determine these means, the department shall:  Consult with stakeholders to develop data reporting elements and a short term mechanism for near real-time electronic access to these data elements by July 1, 2016;   Implement the short-term reporting system by October 1, 2016; and   Consult with stakeholders to develop a long-term electronic real-time data reporting plan utilizing electronic processes for opioid drug abuse, overdoses, and overdose deaths by January 1, 2017.     Electronic access and reporting shall be limited to the minimum necessary to facilitate the commissioner's investigation or inquiry and may be communicated to licensed clinicians involved in the patient's care or their authorized representatives.
TN Code § 68-11-401 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 4 - Hospital Records as Evidence|§ 68-11-401. Part Definitions

 As used in this part, unless the context otherwise requires:   “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 community mental health center, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records; and    “Records” means and includes “hospital records” as defined in § 68-11-302; however, a subpoena duces tecum for records shall not be deemed to include X-rays, electrocardiograms and like graphic matter, unless specifically referred to in the subpoena.   For the purposes of this part, “records” includes those records identified in § 68-11-302(5) maintained by a community mental health center for the purposes intended in such section, and the terms “hospital confinement,” “hospital services,” or “hospitals” as contained in such section shall, for the purposes of this part only, include a community mental health center.
TN Code § 68-11-402 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 11 - Health Facilities and Resources|Part 4 - Hospital Records as Evidence|§ 68-11-402. Furnishing Copies of Records in Compliance With Subpoenas

  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 any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the hospital or community mental health center relating to the care or treatment of a patient in the hospital or community mental health center, it shall be sufficient compliance with the subpoena if the custodian or other officer of the hospital or community mental health center within five (5) days after being served with a subpoena duces tecum, shall, either by personal delivery or certified or registered mail, file with the court clerk or the officer, body or tribunal conducting the hearing, a true and correct copy, which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or a facsimile, exemplification or copy of such reproduction or copy, of all records described in the subpoena.   Any party intending to use this section shall furnish the adverse party or the adverse party's attorney a copy of the subpoena duces tecum not less than ten (10) days prior to the date set for the trial of the matter for which the records may be introduced.