§ 56-54-107. Confidentiality of Information
The information submitted to the department of commerce and insurance pursuant to this chapter shall be confidential, shall not be subject to public inspection, shall not be subject to discovery, subpoena or legal compulsion for release to any person or entity and shall not be admissible in any criminal, civil or administrative proceeding. Nothing in […]
§ 56-54-108. Cost of Implementation
Any cost incurred by the department of commerce and insurance associated with the implementation of this chapter shall be paid out of existing reserves of the insurance division of the department of commerce and insurance.
§ 56-54-109. Violations — Civil Penalties — Hearing — Costs
The commissioner may assess a civil penalty in the amount of one hundred dollars ($100) per day upon any insuring entity, self-insurer, facility, provider and claimant’s counsel that fails to file a complete filing by the required date, or otherwise fails to comply with this chapter. Any insuring entity, self-insurer, facility, provider and claimant’s counsel […]
§ 56-53-112. Inapplicable to Workers’ Compensation
Nothing in this chapter shall apply to a workers’ compensation insurance policy as defined in § 56-47-102, and the Workers’ Compensation Fraud Act, compiled in chapter 47 of this title, shall continue in full force and effect.
§ 56-54-101. Short Title
This chapter shall be known and may be cited as the “Tennessee Health Care Liability Reporting Act.”
§ 56-54-102. Legislative Intent — Use of Information
This chapter is intended to ensure the availability of health care liability claims data necessary for thorough analysis and understanding of issues associated with health care liability claims, in order to support the establishment and maintenance of sound public policy. The information submitted to the department of commerce and insurance pursuant to this section shall […]
§ 56-54-103. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Claim” means: A demand for monetary damages for injury or death caused by health care liability; or A voluntary indemnity payment for injury or death caused by health care liability; “Claimant” means a person, including a decedent’s estate, that is seeking or has sought monetary […]
§ 56-54-104. Applicability of Chapter
This chapter shall apply to all health care liability claims in this state, regardless of whether or how they are covered by medical professional liability insurance. This chapter shall not apply to the state or those employed by the state to the extent that their health care liability is not covered by an insurance entity.
§ 56-54-105. Claims — Report
For claims closed or open and pending on or after January 1, 2008: Every insuring entity or self-insurer that provides health care liability insurance to any facility or provider in this state must report each health care liability claim to the commissioner; A claim that is covered under a primary policy and one (1) or […]
§ 56-54-106. Contents of Report
With the exception of reports received pursuant to § 56-54-105(c), reports required under § 56-54-105 must contain the following information in a format and coding protocol prescribed by the commissioner; however, for all open claims, an insuring entity, self-insurer, facility and provider shall only be required to report the information in its possession as of […]