Section 0800-02-21-.16 - MEDICAL RECORDS(1) If requested, a medical provider treating an injured employee must furnish copies of records at a cost allowed by T.C.A. § 50-6-204 for paper records and Rule 0800-02-17-.24 for non-paper records. The medical provider must forward the records within ten (10) business days of receipt of a written request. (a) For the purposes of paragraphs (1) and (2) of this rule, "medical provider" includes the authorized treating physician, a hospital, and any other entity or person who provides medical care to the injured employee for the claimed work-related injury under the employer's obligation under T.C.A. § 50-6-204. A "medical provider" also includes any physician, hospital, or other person or entity that treated the worker for injuries or conditions that were not provided under the employer's obligation in Tennessee Code Annotated section 50-6-204 for treatment of the claimed work-related injury.(b) A medical provider is entitled to a reasonable fee not to exceed the maximum charge provided by Rule 0800-02-17-.15(4) for preparation of a written report in response to a request from a party.(c) Records from a medical provider as defined in paragraph (a) of this rule may be provided with the appropriate HIPAA-compliant, written authorization of the employee, which the employee must provide if ordered to do so by the judge.(2) Medical records must be exchanged among the parties as in Rule 0800-02-21-.10(2).(a) Medical records to be presented as evidence at a hearing must be filed with the clerk no later than ten (10) business days before the hearing. Absent good cause as determined by the judge, failure to comply may result in the exclusion of any medical record that is not timely filed or the assessment of costs or sanctions against the party or the party's attorney. Absent good cause as determined by a judge, no other medical records may be filed with the clerk.(b) Medical records and/or bills are self-authenticating and not excluded by the rule against hearsay when signed by a physician or accompanied by a form signed by a medical provider or records custodian certifying that the records and/or bills are true and accurate. The judge may exclude medical records in response to a proper objection other than to authenticity or hearsay under the Tennessee Rules of Evidence or other applicable law. An electronic signature suffices if the judge finds the electronic signature demonstrates that the provider approved the contents of the medical record.(c) Medical records to be presented as evidence at a hearing that exceed ten (10) pages must include a chronological table of contents. The medical records must be filed with the clerk, and each of the records must be identified by author and date and numbered as in the table of contents. The parties, not the medical providers, must prepare the chronological table of contents required by part (c) of paragraph (2). A self-represented party may, but is not required to, provide the chronological table of contents.Tenn. Comp. R. & Regs. 0800-02-21-.16
Original rule filed April 1, 2014; effective June 30, 2014. Amendments filed September 1, 2016; effective November 30, 2016. Repeal and new rules filed May 3, 2019; effective August 1, 2019. Amendments filed November 10, 2021; effective February 8, 2022. Amendments filed September 22, 2023; effective 12/21/2023.Authority: T.C.A. §§ 4-3-1409, 50-6-101, 50-6-204, 50-6-217, 50-6-233, 50-6-236, 50-6-237, 50-6-238, and 50-6-239; and Public Chapter 289 (2013), Sections 73, 79, 82, and 106.