Tennessee Code Title 63. Professions of the Healing Arts § 63-1-117

(a) Notwithstanding §§ 63-2-101(b), 68-11-1502, and 68-11-1503, and regardless of any express or implied contracts, agreements, or covenants of confidentiality based upon those sections, healthcare providers and facilities licensed pursuant to this title or title 68 shall make their medical and practice records, including patient billing records, available for inspection and copying by the department of health or its representatives, designees, or employees within ten (10) business days of the request.  Healthcare providers and facilities that utilize electronic medical records shall cause a copy of requested medical records to be provided to the department of health or its representatives, designees, or employees within ten (10) business days of the request.  Any records produced pursuant to this section must be produced in accordance with § 63-2-102(c).  Healthcare providers and facilities are required to provide the medical and practice records only upon receipt of one (1) or both of the following:

(b) This section shall not apply to records that are made statutorily privileged, which shall require for their production a release that specifically identifies the privilege, contains a statement that the privilege is waived and that is signed by the patient or the patient's legal representative.

(c) Any health care provider or representative of any health care provider who furnishes records to a duly authorized representative, designee or employee of the department of health shall be immune from liability to any patient, individual or organization for furnishing such information, data, reports or records or for damages resulting from any decision, opinion, action and proceedings rendered, entered or acted upon by the department of health, if the information or other records or documents provided were provided or created in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist.

(d) In the event that a health care provider does not comply with the written request for medical records issued in compliance with subdivision (a)(2), the state may file a petition in the chancery court of Davidson County to compel production of the medical records within fifteen (15) days following the date specified for the production of the medical records contained in the written request.

(e) A health care provider's willful disregard of the request for medical records pursuant to this section is grounds for disciplinary action by the licensing board that regulates the health care provider.

(f) The following materials, documents, and other matters related to, or compiled or created pursuant to, an investigation conducted by or on behalf of the department are confidential and not a public record or subject to subpoena, except for subpoenas from law enforcement agencies, before formal disciplinary charges are filed against the provider:

(g) After the filing of formal disciplinary charges against the provider pursuant to § 4-5-307, only the materials and documents upon which the charges are based may be disclosed as a public record or in response to a subpoena, but not the complainant's identifying information, identifying information of a witness who requests anonymity, patient's identifying information, patient's medical records, or investigator's report, which may be produced only in response to a subpoena from a law enforcement agency.  If an investigation results in an outcome that does not involve the filing of a formal disciplinary charge as described in § 4-5-307 against the provider, then investigative materials may only be disclosed in accordance with subsection (f).

(h) Department annual health care facility and pharmacy survey inspection reports shall be available to the public pursuant to subsections (f) and (g).

(i) Pursuant to § 68-1-104, the commissioner or the commissioner's designee, upon request, shall obtain access to records maintained by any facility, entity, or individual licensed under this title.  Access shall be given in the most efficient and expedient means possible, including remote electronic access, to facilitate investigations and inquiries while responding to an immediate threat to the public health, welfare, or general good.  Electronic access shall be limited to the minimum necessary for the duration of the outbreak, event, or time in which the public health is under immediate threat as determined by the commissioner.

(j) This section does not modify or limit the prehearing discovery provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(k) As used in this section:

(l) The commissioner of health is authorized to promulgate rules and regulations to effectuate this part.