2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › HEALTH (§§ 68-1-NEW — 68-6-201) › Chapter 3 - VITAL RECORDS ACT OF 1977 (§§ 68-3-101 — 68-3-701) › Part 6 - MATERNAL MORTALITY REVIEW AND PROTECTION ACT OF 2016 (§§ 68-3-601 — 68-3-612) › Section 68-3-608 - Inspection of records - Meetings - Confidentiality requirements

(a)
(1)
The department and the state team are public health authorities conducting public health activities pursuant to the federal Health Insurance Portability and Accountability Act (HIPAA) (
42 U.S.C. § 1320d
et seq.). Notwithstanding §§
63-2-101(b)
and
68-11-1502
, and any express or implied contracts, agreements, or covenants of confidentiality based upon §§
63-2-101(b)
and
68-11-1502
, the records of all healthcare facilities and providers shall be made available to the state team for inspection and copying as necessary to complete the review of a specific fatality and effectuate the intent of this part.
(2)
The state team:
(A)
Is authorized to inspect and copy any other records from any source as necessary to complete the review of a specific fatality and effectuate the intent of this part, including, but not limited to, hospital records, outpatient clinic and laboratory records, police investigations data, medical examiner investigative data, vital records cause of death information, social services records, and records from state offices, agencies, and departments; and
(B)
May share information with other public health authorities or their designees as the state team may determine necessary to achieve the goals of the program.
(b)
The state team may request that persons with direct knowledge of circumstances surrounding a particular fatality provide the state team with information necessary to complete the review of the particular fatality; such persons may include healthcare providers or staff involved in the care of the woman or the person who first responded to a report concerning the woman.
(c)
Meetings of the state team shall not be subject to title 8, chapter 44, part 1. Any minutes or other information generated during official meetings of the state team shall be sealed from public inspection. However, the state team may periodically make available, in a general manner that shall not reveal confidential information about individual cases, the aggregate findings of team's reviews and their recommendations for preventive actions.
(d)
(1)
All information and records acquired by the state team in the exercise of their duties shall be confidential and not subject to discovery or introduction into evidence in any proceedings; provided, however, certain information may be disclosed as necessary to carry out the purposes of the state team.
(2)
A member of the state team or attendee of a team meeting shall not:
(A)
Release to the public or the news media information discussed at official meetings; or
(B)
Testify in any proceeding about details of the team meeting, including any information presented at the meeting, or about opinions formed by the person as a result of the meeting.
(3)
This subsection (d) shall not prohibit a person from testifying in a civil or criminal action about matters that occurred in the team meeting; provided, that such testimony shall be based upon the person's independent knowledge.
(e)
Each member of the state team and any attendee of a meeting of the state team shall sign a statement indicating an understanding of and adherence to the state team's confidentiality requirements, including potential civil or criminal consequences for a breach of confidentiality pursuant to this part.
Added by 2016 Tenn. Acts, ch. 987, s 9, eff. 1/1/2017.