Tenn. Comp. R. & Regs. 1200-13-11-.04

Current through June 26, 2024

Section 1200-13-11-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Public Records Request Coordinator.

(a) The PRRC shall review public records requests and make an initial determination of the following:

1. If the requestor provided evidence of Tennessee citizenship;

2. If the records requested are described with sufficient specificity to identify them; and

3. If TennCare is the custodian of the records.

(b) The PRRC shall acknowledge receipt of the request and take any of the following appropriate actions:

1. Advise the requestor of this rule chapter and the decisions made regarding:

(i) Proof of Tennessee citizenship;

(ii) Any forms required for copies;

(iii) Fees; or,

(iv) Aggregation of multiple or frequent requests.

2. If appropriate, deny the request in writing, using the TennCare Public Records Request Response Form (Response Form) providing the appropriate ground for denial such as:

(i) The requestor is not, or has not presented evidence of being, a Tennessee citizen;

(ii) The request lacks specificity;

(iii) An exemption makes the record not subject to disclosure under the TPRA;

(iv) TennCare is not the custodian of the requested records; or,

(v) The records requested do not exist.

3. If appropriate, contact the requestor to see if the request can be narrowed or otherwise clarified.

4. Forward the records request to the appropriate records custodian within TennCare.

5. If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requestor of the correct governmental entity.

(2) Records Custodian.

(a) Upon receiving a public records request, a TennCare records custodian in collaboration with the PRRC shall promptly make requested public records available using the Response Form. If the records custodian is uncertain that an applicable TPRA exemption applies, the custodian may consult with the PRRC or the Office of General Counsel.

(b) If not practicable to promptly provide requested records, a records custodian in collaboration with the PRRC shall, within seven (7) business days from the records custodian's receipt of the request, send the requestor a completed Response Form indicating the reason for the delay and an estimate of the time necessary to produce the records or determine the proper response to the request because additional time is necessary:

1. To determine whether the requested records exist;

2. To search for, retrieve, or otherwise gain access to records;

3. To determine whether the records are open;

4. To redact records; or

5. For other similar reasons.

(c) If a records custodian in collaboration with the PRRC denies a public records request, he or she shall deny the request in writing as provided above using the Response Form.

(d) If a records custodian in collaboration with the PRRC reasonably determines production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the Response Form should be used to notify the requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the records custodian or PRRC should contact the requestor to see if the request can be narrowed.

(e) If a records custodian discovers records responsive to a records request were omitted, the records custodian in collaboration with the PRRC should contact the requestor concerning the omission and produce the records as quickly as practicable.

(3) Confidential Records and Redaction.

(a) If the PRRC determines that the requested records are considered confidential or privileged records under federal or state law and are not available for public inspection, the PRRC shall communicate the determination to the requester in writing. However, nothing in this rule chapter shall be construed to require TennCare to generate a detailed description of each confidential record withheld from inspection, such as may be required with respect to the production of documents in discovery under the Tennessee Rules of Civil Procedure.

(b) Individually identifying information and Protected Health Information (PHI) is generally not subject to public records requests. PHI and other sensitive information are confidential except as use or disclosure is permitted by The Privacy Act, HIPAA and other federal and state privacy rules.

(c) If a TennCare record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access or copies. If questions arise concerning redaction, the records custodian should coordinate with the PRRC or counsel or other appropriate parties regarding review and redaction of records. The records custodian, the PRRC, and the Office of General Counsel may also consult with the Comptroller of the Treasury's Office of Open Records Counsel (OORC) or with the Office of the Attorney General and Reporter regarding this topic or others regarding open records requests.

(d) Whenever a redacted record is provided, a records custodian shall provide the requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

Tenn. Comp. R. & Regs. 1200-13-11-.04

Original rules filed January 3, 2019; effective 4/3/2019.

Authority: T.C.A. §§ 4-5-202, 10-7-503, and 71-5-105.