A number of state laws impacting the healthcare industry in Tennessee have recently gone into effect. Following is a rundown of several key pieces of legislation that passed the 109th Tennessee General Assembly.
HB0033/SB0044: The Mabry Kate Webb Act (Effective May 18):
“The Mabry Kate Webb Act paves the way for expanded newborn screening that will include testing for very rare metabolic and heritable conditions,” explained Michelle Fiscus, MD, FAAP, president of the Tennessee Chapter of the American Academy of Pediatrics. “These tests are in addition to those already performed on every newborn baby in Tennessee.”
She continued, “It is hopeful that earlier detection of children affected by these conditions will allow for better treatment opportunities and improved understanding of these life-threatening conditions. Testing is to begin within six months of the development of appropriate testing techniques and standards.”
HB0109/SB0367: Requirements for Radiological Services in an Ambulatory Setting (Effective July 1):
“The Tennessee Ambulatory Surgery Center Association (TASCA) lobbied this past legislative session for the passage of HB109/SB367 sponsored by Rep. Dawn White and Sen. Steve Dickerson,” noted TASCA Board Member Gina Throneberry, RN, MBA, CASC, CNOR. “Before the passage of this legislation, ambulatory surgical treatment centers (ASTCs) were required to obtain a radiologist to oversee the radiological services of the center. This was an expensive and unnecessary requirement due to the fact that ASTCs receive patients who have already been properly diagnosed in a physician’s office. When a radiologist was not available or unwilling to oversee radiological services, the ASTC was cited.”
Throneberry continued, “The passage of this legislation gives the governing board of the ASTC the authority to appoint a qualified individual to be responsible for ensuring that the radiological services are provided in accordance with applicable laws and rules. This revision also aligns the standard with the newly revised CMS standard.”
HB0322/SB1331: Release of HIPAA Compliant, Limited-use Data Sets (Effective May 6)
“This THA-proposed bill requires the commissioner of the Tennessee Department of Health to establish policies for the release of HIPAA-compliant, limited-use data sets from claims data discharge reports of hospitals, ambulatory surgical treatment centers and outpatient diagnostic centers,” explained Beth Berry, senior vice president of Government Affairs for the Tennessee Hospital Association. “The Department of Health was willing to provide these data sets but was concerned the law was not clear enough to permit the data sharing. This law codifies the Department’s ability to provide the data.”
HB0699/SB1223: Telehealth Protections (Effective July 1)
“THA and a broad group of healthcare providers and payers were successful in passing legislation creating a strong telehealth environment in Tennessee,” Berry said of the new protections.
She continued, “Developed by the group in response to overly-restrictive rules proposed by the state, the bill:
- Creates a consistent definition of telehealth and telemedicine for all healthcare practitioners;
- Defines criteria for a provider-patient relationship;
- Provides that the standard of care for telehealth is identical to the standard of care in a traditional healthcare office visit; and
- Prohibits healthcare provider licensing boards from placing additional restrictions on the practice of telehealth beyond those allowed in the bill.”
The legislative staff at the Tennessee Department of Health noted the bill also allows a physician to prescribe via telemedicine, as long as all applicable prescribing statues (such as checking the Controlled Substance Monitoring Database) are met. However, pain management clinics and chronic nonmalignant pain treatment are excluded from application of this bill.
TMA’s Vice President for Advocacy Yarnell Beatty said this new law helps preserve Tennessee as one of the most open states in which to practice telemedicine. He noted, “Tennessee is still mostly a rural state, and this bill should allow more access to care for patients to get the treatment and medications that they need.”
HB1157/SB1266: Pain Management Clinic Revisions (Effective July 1):
The legislative affairs staff of the Tennessee Department of Health explained, “This bill clarifies the regulations around certified pain clinics in Tennessee. It states that only doctors, advanced practice nurses and physician’s assistants, who are licensed in Tennessee with no restrictions or encumbrances, can hold a pain clinic certificate or own a pain clinic. One of the owners of the pain clinic must be the certificate holder of that clinic and must meet eligibility requirements to be the certificate holder. By July 1, 2016 every certified pain clinic must have a medical director with advanced training in the field of pain management termed a ‘pain specialist.’”
