Tennessee § 68-142-205 - Confidentiality.

§ 68-142-205. Confidentiality.

The department of health, FIMR, and its review teams are public health authorities conducting public health activities pursuant to the Health Insurance Portability and Accountability Act (HIPAA), compiled in 42 U.S.C. § 1320d et seq. Notwithstanding §§ 63-2-101(b) and 68-11-1502, and regardless of any express or implied contracts, agreements or covenants of confidentiality based upon those sections, the records of all health care facilities and medical services providers, case management providers, emergency medical personnel and transport services and home visitors shall be made available to FIMR for inspection and copying as necessary to complete the review of a specific fatality and to carry out the intent of this part. The program is authorized to inspect and copy any other records from any source as necessary to complete the review of a specific fatality and to carry out the intent of this part, including, but not limited to, medical examiner investigative records and data, social services records, including records of the department of children's services, vital records information, and educational records. Any meetings conducted pursuant to this part or to rules and regulations promulgated under this part shall not be subject to the public meetings law, compiled in title 8, chapter 44, part 1. Except as required to be disseminated by rules and regulations promulgated pursuant to this part, any meeting minutes, documents, records, or other information acquired, generated, or reviewed during the meetings or while otherwise carrying out FIMR duties and responsibilities shall be confidential and not be subject to disclosure as public records. Except as required to be disseminated by rules and regulations promulgated pursuant to this part, none of the information acquired, generated, or reviewed in subsection (b) is subject to discovery or introduction into evidence in any proceeding, nor may any person testify in any proceeding about the information or the opinions formed as a result of the review of the information. This subsection (c) shall not, however, prohibit a person from testifying in a civil or criminal action about matters within that person's independent knowledge. All persons involved in the review process pursuant to this part, or to rules promulgated under this part, shall sign a statement indicating an understanding of and adherence to confidentiality requirements, including the possible civil or criminal consequences of any breach of confidentiality. Acts 2007, ch. 588, § 16. Cross-References. Confidentiality of public records, § 10-7-504 . Law Reviews. HIPAA Violations on Social Media: Will HHS Continue to Ignore?, 45 U. Mem. L. Rev. 633 (2015).