TMA Member Alert: Legislation Effective Jan. 1, 2025

The following bills enacted by the 2023 and 2024 General Assembly are effective Jan. 1, 2025 or later and may be of special interest to physicians. Contact the TMA Legal Department at 800-659-1862, ext. 1645 or legal@tnmed.org with any questions.
 

Information only – no reporting/action required by physicians

Physician Wellness – PC 924
The Tennessee Wellness Act enacts statutory protections for physicians seeking help to address career fatigue and workplace burnout. You may access our Law Guide Topic, Physician Wellness, at www.tnmed.org/lawguide.

Prior Authorization Process – PC 395
The Prior Authorization Fairness Act filed by Sen. Shane Reeves and Rep. David Hawk in 2023 as a last resort to help patients and physicians after TMA was unable to reach a workable solution with insurance plans.  This new law is explained in our Law Guide topic, Insurance – Prior Authorization.

Electronic Insurance Card – PC 789
Beginning January 1, 2026, a healthcare provider must accept an electronic or digital insurance card as evidence of a patient’s health plan, policy, or contract.  This new law defines a healthcare provider as any person or entity licensed or certified under Tennessee law (i.e., physicians, PAs, dentists, hospitals, ASTCs).  

TMA Member Alert: 2024 Legislation Effective July 1

The following new laws, enacted by the 2024 General Assembly, are effective July 1, 2024 and may be of special interest to physicians since they could require action or reporting.  Contact the TMA Legal Department at 800-659-1862 or legal@tnmed.org with any questions.

Action required by physicians

Insurance: Patient Pays Out-of-Network Provider – PC 244
An enrollee of an insurance plan who negotiates a lower fee with an out-of-network provider, pays the provider directly, and submits documentation to the insurance plan may choose to have that amount applied to his/her out-of-pocket deductible, coinsurance, copayment, or other cost sharing amount.  Review our Law Guide topic, Tennessee Right to Shop, to prepare for an inquiry from an out-of-network individual.  

Medical Record Copying Charges – PC 737
The charges allowed for copying paper and electronic records are different once this law goes into effect. For the specific allowed amounts go to our Law Guide topic Medical Records.

Information only – no reporting/action required by physicians

Abortion Trafficking of a Minor – PC 1032
An adult (other than a parent/guardian) that recruits, harbors, or transports a pregnant unemancipated minor for the purpose of obtaining an abortion commits the offense of abortion trafficking and is subject to criminal and civil penalties.  The specifics of this new law are discussed in our Law Guide topic, Abortion.

Buprenorphine Treatment by APRNs & PAs - Public Chapter 808
Several changes were made to the buprenorphine prescribing laws for these providers working in a FQHC or community mental health center: prescriptions to pregnant patient or those with an allergy to naloxone, collaborating physician may now work with five APRNs/PAs, and may treat up to 100 patients.  These changes are detailed in our Law Guide topic, Prescription Laws.

Assault Against a Physician - PC 928
This law cited as the Dr. Benjamin Mauck Act adds a penalty for assault and aggravated assault in a healthcare facility which includes a physician’s office.  A healthcare facility is defined as the portion of an institution, place, building, or office devoted to providing healthcare services, and includes the reception and administrative areas of the facility. It defines healthcare services as services for the diagnosis, prevention, treatment, cure or relief of a health condition, illness, injury or disease.  

Recoupment Law Update - Public Chapter 861
TMA sought passage of a bill in the 2024 Tennessee General Assembly to amend the existing recoupment law to make the process more transparent and efficient.  The law makes changes to the time for recoupments, the information in the notice of recoupment, no money may be withheld during an appeal, only the difference between what was paid and what should have been paid may be recouped and much more.  Our Law Guide topic, Recoupment, should be closely reviewed to fully understand these changes.

The following new laws enacted by the 2024 General Assembly are effective and may be of special interest to physicians since they could require action or impose a duty to report. Others are for information only. Contact the TMA Legal Department at 800-659-1862, ext. 1645 or legal@tnmed.org with any questions.

Action required by physicians

Threat of Harm Reporting by Qualified Mental Health Professional - PC 783 (SB1673)
This law amends current law regarding the warnings, actions, or reports a qualified mental health professional or behavior analyst must take if a patient communicates an intent for actual threat of bodily harm against a victim and adds to the list a threat against a group of people (i.e., school, place of worship, a family).  It also provides liability protection, criminal protection, and disciplinary action protection for the professional’s reasonable act.  

Mental Health Duty to Warn  - PC 761 (SB2482)
The law imposing a duty to warn upon a qualified mental health professional duty was updated to require notification of the parent/guardian.  A parent may access a minor’s prescription records for outpatient/inpatient mental health treatment or treatment in a hospital unless a narrow exception applies.  TMA’s Treatment of Minors Guide provides additional detail on the changes made by this law.

Information only – no reporting/action required by physicians

Cybersecurity Event – PC 991
A private entity is not liable in a class action lawsuit resulting from a cybersecurity event unless it was caused by willful and wanton misconduct or gross negligence on the part of the private entity. Review our Law Guide topic, E-health, to fully understand what is and is not included in this law.  

Death Certificate – PC 648
The time to complete the medical certification section of a death certificate has changed from 48 hours after death to two business days after death of the patient.  For more information, see our Law Guide topic, Death.

Mental Health – PC 725
Changes the word “immediate” to “imminent” in two laws related to mental health and involuntary treatment:

• IF a person has a serious emotional disturbance or mental illness AND poses an imminent substantial likelihood of serious harm because of this illness, then he/she may be detained for immediate examination or admitted for evaluation and treatment.

Telemedicine  - PC 1027 (SB 1881)
This law removes the current requirement that an in-person visit occur with the patient every 16 months in order for the provider to receive payment parity for provider-based telemedicine visits.  The provider, the provider’s group, or healthcare system only has to provide proof of an in-person visit at some time with the patient before the telemedicine visit.  Review the full definition of provider-based telemedicine for payment parity in our Law Guide topic, Telemedicine.