GUARDIANSHIPS & CONSERVATORSHIPS
The present law provides that, except to the extent the right is limited by the durable power of attorney for health care, an attorney in fact designated to make healthcare decisions under the durable power of attorney has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records, and to consent to the disclosure of medical records.
This bill adds to the present law by clarifying that if a patient is under guardianship or conservatorship, then a healthcare provider must provide to the patient's attorney in fact a full copy of the patient's medical records within 10 working days of receipt of a written request by the attorney in fact or principal. The healthcare provider may also provide a summary of the patient's medical records, but doing so does not satisfy as a substitute for the full medical record being provided.
PROFESSION OF THE HEALING ARTS
The present law provides that if a patient has sought treatment from a professional of the healing arts, then the professional must provide to a patient's authorized representative a copy or summary of such patient's medical records, at the option of the professional, within 10 working days upon request in writing by the patient or such representative.
This bill deletes the present law and, instead requires a healthcare provider to provide a patient's authorized representative a copy of the patient's full medical record within 10 working days of receipt of a written request by the patient or the patient's authorized representative. The healthcare provider may also provide a summary of the patient's medical records, but doing so does not satisfy as a substitute for the full medical record being provided.
TENNESSEE HEALTH CARE DECISIONS ACT
The Tennessee Health Care Decisions Act provides that, unless otherwise specified in an advance directive, a person then authorized to make healthcare decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information.
This bill adds to the present law by providing that, under Tennessee Health Care Decisions Act, a healthcare provider must provide a patient's authorized representative a copy of the patient's full medical record within 10 working days of receipt of a written request by the patient or the patient's authorized representative. The healthcare provider may also provide a summary of the patient's medical records, but doing so does not satisfy as a substitute for the full medical record being provided.

Statutes affected:
Introduced: 34-6-206, 63-2-101(a), 63-2-101, 68-11-1809