Section 63-2-104 - Electronic medical records - Information blocking prohibited - Procedure for disclosure of test results - Exclusions(a) A healthcare professional subject to this title who is considered a business associate, as that term is defined in 45 CFR § 160.103, shall comply with: (1) The Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C. § 1320d et seq.) and standards for privacy of individually identifiable health information required by 45 CFR Parts 160 and 164; and(2) Federal laws regulating information blocking, as that term is defined in 45 CFR § 171.103.(b) Notwithstanding another law to the contrary, except as provided in subsection (c), a healthcare provider requesting a medical laboratory test for a patient shall not engage in information blocking as described in 42 U.S.C. § 300jj-52.(c) The following reports, test results, and any other related results must not be disclosed by a designated entity, as defined under § 68-29-103, to a patient as part of the patient's electronic health record until seventy-two (72) hours after the results are finalized, unless the healthcare provider directs the release of the results before the end of that seventy-two-hour period: (1) Pathology reports or radiology reports that have a reasonable likelihood of showing a finding of new or recurring malignancy;(2) Tests that could reveal genetic markers;(3) A positive HIV test, except that this section does not prevent the disclosure of HIV test results, including viral load and CD4 count test results, to a patient living with HIV by secure internet website or other electronic means if the patient has previously been informed about the results of a positive HIV test pursuant to the requirements of this section; or(4) Presence of antigens indicating a hepatitis infection.(d) This section does not apply to a person or entity that is licensed under this title or title 68.Added by 2024 Tenn. Acts, ch. 931,s 1, eff. 5/6/2024.