Tennessee § 47-18-3003 - Prohibited uses of protected health information for purpose of soliciting individual for legal services.

§ 47-18-3003. Prohibited uses of protected health information for purpose of soliciting individual for legal services.

A person shall not use, cause to be used, obtain, sell, transfer, or disclose protected health information to another person for the purpose of soliciting an individual for legal services without written authorization from the individual who is the subject of the information. In addition to any other remedy provided by law: A person who willfully and knowingly uses, causes to be used, obtains, sells, transfers, or discloses protected health information in violation of this section commits a Class A misdemeanor, punishable by a fine of one thousand dollars ($1,000), imprisonment, or both; and A person who violates this section with the intent to use, cause to be used, obtain, sell, transfer, or disclose protected health information for the purpose of financial gain commits a Class C felony, punishable by a fine not to exceed two hundred fifty thousand dollars ($250,000), imprisonment of not less than three (3) years nor more than ten (10) years, or both. This section does not apply to the use or disclosure of protected health information to an individual's legal representative in the course of any judicial or administrative proceeding, or as otherwise permitted or required by law. Acts 2019, ch. 119, § 1. Code Commission Notes. Acts 2019, ch. 119, § 1 enacted a new part 56, §§ 47-18-5601 — 47-18-5606 , but the part has been redesignated as part 30, §§ 47-18-3001 — 47-18-3006 , by authority of the Code Commission. Compiler's Notes. Acts 2019, ch. 119, § 3 provided that the act applies to conduct occurring on or after July 1, 2019. Effective Dates. Acts 2019, ch. 119, § 3. July 1, 2019. Cross-References. Penalty for Class A misdemeanor, § 40-35-111 . Penalty for Class C felony, § 40-35-111 .