PROHIBITION ON INSURANCE-DRIVEN QUESTIONS This bill prohibits a health insurance issuer, managed care organization, or any entity providing reimbursement for healthcare services from requiring a healthcare provider or facility to ask the prohibited questions, as described below, as a condition of payment, credentialing, quality scoring, compliance, or participation. An insurer must not deny or reduce payment, impose penalties, or otherwise disadvantage a provider for failing to ask such questions. A violation of these provisions constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies provided in the Tennessee Consumer Protection Act of 1977, which includes, but is not limited to, restraining orders, injunctions, private rights of action, and damage, in addition to any other penalties and remedies. PROHIBITED CONDUCT BY HEALTHCARE PROVIDERS This bill generally prohibits a healthcare provider from asking a minor a verbal or written question on any of the following:  Whether the minor feels normal in the minor's body. Whether the minor believes the minor is the correct gender. Whether the minor identifies as a gender different from the minor's sex. An inquiry intended to elicit statements about gender identity, gender confusion, or gender dysphoria. As used in the provisions under this heading, a "minor" does not include a person who (i) is emancipated, needs emergency treatment pursuant to present law relative to emergency medical care of minors, (iii) is or was previously a member of the armed forces of the United States or a member of a reserve or national guard unit, or (iv) is the parent of a minor child and has full custody of that minor child. However, this bill authorizes a healthcare provider to ask a question listed above if (i) the parent is physically present and fully informed and gives written consent to a question listed above and (ii) such question is directly related to the diagnosis or treatment of a specific medical or psychological condition currently being evaluated. A healthcare provider must not include gender identity questions on written intake forms, electronic tablets, or questionnaires directed to a minor unless the requirements of this bill are satisfied. This bill provides that a parent has full access to all written forms, questionnaires, or electronic assessments presented to the parent's minor child in a healthcare setting. As used in this provision, a "parent" means a biological, legal, or adoptive parent or an individual who has been granted medical decision-making authority over the child under state law. This bill prohibits a healthcare provider from conducting private interviews with a minor about gender identity, sexual orientation, or any other gender-related topic unless the healthcare provider, using reasonable medical judgment, based upon the facts known to the healthcare provider at the time, performs a screening of a minor who the healthcare provider reasonably believes is a trafficked person or a victim of brutality, abuse, or neglect in order to determine whether the healthcare provider must make a report pursuant to present law. This bill provides that a violation of the provisions under this heading by a healthcare provider constitutes unprofessional conduct subject to discipline by the relevant licensing board. However, such provisions do not (i) limit mandated reporting obligations for child abuse or neglect pursuant to present law, (ii) restrict emergency medical care of minors, or (iii) prevent a minor from voluntarily reporting concerns of abuse, exploitation, or danger to the minor's self or others.

Statutes affected:
Introduced: 47-18-104(b), 47-18-104