Section 52-3-105 - Confidential information - Disclosure without consentInformation that is confidential under § 52-3-103 may be disclosed without consent of the person supported if:
(1) Disclosure is necessary to carry out duties under this title;(2) Disclosure is for the purposes of treatment, payment for treatment, or health care operations as those terms are defined in 45 CFR 164.501;(3) Disclosure may be necessary to assure service or care to the person supported by the least drastic means that are suitable to the person supported's liberty and interests;(4) The disclosure is for a judicial or administrative proceeding and the confidential information is disclosed in compliance with the requirements in 45 CFR 164.512(e);(5) It is solely information as to a residential person supported's overall medical condition without clinical details and is sought by the person supported's family members, relatives, conservator, legal guardian, legal custodian, guardian ad litem, foster parents, or friends. A disclosure made under this section must only be made if it is not contrary to any other law, rule, or court order;(6) A person supported moves from one (1) service provider to another and exchange of information is necessary for continuity of service;(7) A custodial agent for another state agency that has legal custody of the person supported cannot perform the agent's duties properly without the information;(8) Necessary for the preparation of a post-mortem examination report in accordance with § 38-7-110(e) and authorized to be obtained pursuant to § 38-7-117(b); or(9) The disclosure is one permitted under 45 CFR 164.512 and the disclosure complies with the requirements in 45 CFR 164.512.Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.