Official Summary Text
Present law requires records of a quality improvement committee ("QIC"), and testimony or statements by a healthcare organization's officers, directors, trustees, healthcare providers, administrative staff, employees or other committee members or attende
es relating to activities of the QIC, to be confidential, privileged, and protected from direct or indirect means of discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Any person who supplies information, testifi
es
, or makes statements as part of a QIC is not required to provide information as to the information, testimony or statements provided to or made before such a committee or opinions formed by such person as a result of committee participation.
However, information, documents or records, which are not produced for use by a QIC or which are not produced by persons acting on behalf of a QIC, and are otherwise available from original sources, are not immune from discovery or use in any judicial or
administrative proceeding merely because such information, documents or records were presented during proceedings of such committee.
Present law authorizes a QIC to share information and documents, including complaints, incident reports, and testimony and statements by any person to the QIC, with one or more other QICs. Information and documents so disclosed, and any information and
documents created or maintained as a result of the sharing of such information and documents, is confidential, privileged, and protected from direct or indirect means of discovery, subpoena or admission into evidence, to the same extent as provided above.
The QIC sharing such information with another QIC must determine the manner and process by which it will share such information and documents, which process may include requiring a written agreement between QICs regarding the sharing of practitioner infor
mation. The QIC and its sponsoring healthcare organization cannot be held liable and are immune from suit for any disclosure or sharing of information in compliance.
This bill adds a good faith disclosure of information related to an activity of a QIC made by a healthcare provider or healthcare organization to a patient or family member of a patient is not a waiver of the privilege and confidentiality protections pro
vided. Such disclosures are considered separate from a QIC proceeding and do not affect the privilege attributed to the QIC documentation.
This bill provides that a healthcare provider and healthcare organization are not required to disclose findings, determinations, or conclusions of a QIC during a legal, administrative, or other proceeding. Participation in or the outcomes from the QIC r
eview must remain confidential and privileged unless otherwise mandated by federal law.
OPEN DISCUSSION
This bill authorizes a healthcare provider or healthcare organization to voluntarily engage in open, post-adverse healthcare incident communications with a patient or the patient's family regarding the incident. Such communications are not an admission
of liability and are protected from discovery. A healthcare provider or healthcare organization engaging in voluntary communications is immune from liability for the contents of the communication, as long as the communication is undertaken in good faith.
If an adverse healthcare incident occurs, then this bill authorizes a healthcare provider or healthcare organization to elect to engage in an open discussion with a patient or invite a patient to participate in the open discussion with the purpose of add
ressing the incident and proposing resolutions. If the patient is incapacitated or deceased, then a healthcare provider or a healthcare organization may engage in an open discussion with a patient's family member or legal representative. For a minor pat
ie
nt, the open discussion must include the patient's guardian. The following conditions apply to an open discussion:
Any communication made during the open discussion process is privileged and confidential; not subject to discovery, subpoena, or use as evidence in any judicial, administrative, or arbitration proceeding; and encouraged to include offers of settlement or corrective actions without implying fault or liability.
An individual with whom a healthcare provider or healthcare organization engages in the open discussion process following an adverse healthcare incident, including a patient and any other affected person, must be advised of the patient's right to legal counsel before participating in the open discussion.
The healthcare provider or healthcare organization must notify an individual with whom such provider or organization attempts to engage in an open discussion with in writing that participation in an open discussion does not extend a statute of limitation for filing a lawsuit unless agreed to in writing by each party.
Unless otherwise agreed upon by the patient, only a party involved in the adverse healthcare incident and the party's representatives, including legal counsel, may participate in the open discussion process.
As used in this bill, an "open discussion" is any communication that is made and includes memoranda, work product, documents, and other
materials that are prepared for, or submitted in the course of or in connection with, communications under this bill. However, the term does not include any communications, memoranda, work product, documents, or other materials that are otherwise subject
to discovery and that were not prepared specifically for use pursuant to this bill.
This bill requires a party wishing to waive confidentiality on open discussion materials provide an express waiver in writing. The waiver must clearly identify the materials involved and specify the scope of the waiver. The waiver must also include:
A list of the specific materials covered by the waiver.
A statement of the purpose for waiving confidentiality.
An acknowledgment of the waiver's implications.
The duration of the waiver, if applicable.
This bill requires the waiver to be signed and dated by an authorized representative. An authorized representative may utilize an electronic signature. The waiver may be revoked at any time through written notice, and such revocation becomes effective
upon receipt, except where the waiver has been relied upon for a material action. This requirement does not apply when disclosures are mandated by law or court order.
ON APRIL 6, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2259, AS AMENDED.
AMENDMENT #1
makes the following changes:
Clarifies that "adverse event" means an objective and definable outcome arising from or related to patient care that results in the death or injury of a patient, rather than an objective and definable outcomes that results in the death or physical injury of a patient.
Provides that a disclosure of information related to an activity of a QIC made by a healthcare provider or healthcare organization to a patient or family member of a patient must be made in an open discussion to not be a waiver of privilege and confidentiality protections.
Requires the outcomes of a QIC review to remain confidential and privileged unless otherwise provided by state or federal law. In that case, the disclosure of proceeding materials, findings, or conclusions made solely to comply with state or federal law does not waive the confidentiality, privilege, or the restricted use of QIC materials, findings, or conclusions.
Authorizes a healthcare provider to voluntarily engage in an open discussion, as such term is defined in the bill. Any communications during an open discussion are not an admission of liability and are not protected from discovery. Further, a healthcare provider or organization may engage in voluntary communications, and is immune from liability as a result of an open discussion as long as the communications are undertaken in good faith.
Requires an individual to whom a healthcare provider or healthcare organization engages in the open discussion process following an adverse healthcare incident to be sign a written acknowledgment after an adverse healthcare incident occurs before an open discussion takes place.
Removes the authorization for a party wishing to waive confidentiality on open discussing to do so in an express waiver in writing.
Current Bill Text
Read the full stored bill text
HOUSE BILL 2259
By Helton-Haynes
SENATE BILL 2413
By Watson
SB2413
012689
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 68,
Chapter 11, relative to quality improvement
committees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 68-11-272(b), is amended by adding
the following as new, appropriately designated subdivisions:
( ) "Adverse healthcare incident" means an objective and definable outcome
arising from or related to patient care that results in the death or physical injury of a
patient;
( ) "Open discussion":
(A) Means any communication that is made under this section and
includes memoranda, work product, documents, and other materials that are
prepared for, or submitted in the course of or in connection with, communications
under this section; and
(B) Does not include any communications, memoranda, work product,
documents, or other materials that are otherwise subject to discovery and that
were not prepared specifically for use pursuant to this subdivision (b)( );
SECTION 2. Tennessee Code Annotated, Section 68-11-272(c), is amended by adding
the following as new subdivisions:
(4) A good faith disclosure of information related to an activity of a QIC made by
a healthcare provider or healthcare organization to a patient or family member of a
patient is not a waiver of the privilege and confidentiality protections provided under this
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section. Such disclosures are considered separate from a QIC proceeding and do not
affect the privilege attributed to the QIC documentation.
(5) A healthcare provider and healthcare organization are not required to
disclose findings, determinations, or conclusions of a QIC during a legal, administrative,
or other proceeding. Participation in or the outcomes from the QIC review must remain
confidential and privileged unless otherwise mandated by federal law.
(6)
(1) A healthcare provider or healthcare organization may voluntarily
engage in open, post-adverse healthcare incident communications with a patient
or the patient's family regarding the incident. Such communications are not an
admission of liability and are protected from discovery, as described in
subdivision (c)(1).
(2) A healthcare provider or healthcare organization engaging in
voluntary communications as described in subdivision (c)(6), is immune from
liability for the contents of the communication, as long as the communication is
undertaken in good faith.
(7)
(A) If an adverse healthcare incident occurs, then a healthcare provider
or healthcare organization may elect to engage in an open discussion with a
patient or invite a patient to participate in the open discussion with the purpose of
addressing the incident and proposing resolutions. In a situation where the
patient is incapacitated or deceased, a healthcare provider or a healthcare
organization may engage in an open discussion with a patient's family member or
legal representative. For a minor patient, the open discussion must include the
patient's guardian.
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(B) The following conditions apply to an open discussion pursuant to
subdivision (c)(7)(A):
(i) Any communication made during the open discussion process
is:
(a) Privileged and confidential;
(b) Not subject to discovery, subpoena, or use as
evidence in any judicial, administrative, or arbitration proceeding;
and
(c) Encouraged to include offers of settlement or
corrective actions without implying fault or liability;
(ii) An individual with whom a healthcare provider or healthcare
organization engages in the open discussion process following an
adverse healthcare incident, including a patient and any other affected
person, must be advised of the patient's right to legal counsel before
participating in the open discussion;
(iii) The healthcare provider or healthcare organization shall notify
an individual with whom such provider or organization attempts to engage
in an open discussion with in writing that participation in an open
discussion does not extend a statute of limitation for filing a lawsuit unless
agreed to in writing by each party; and
(iv) Unless otherwise agreed upon by the patient, only a party
involved in the adverse healthcare incident and the party's
representatives, including legal counsel, may participate in the open
discussion process.
(8)
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(A) A party wishing to waive confidentiality on open discussion materials
must provide an express waiver in writing. The waiver must clearly identify the
materials involved and specify the scope of the waiver.
(B) The waiver must include:
(i) A list of the specific materials covered by the waiver;
(ii) A statement of the purpose for waiving confidentiality;
(iii) An acknowledgment of the waiver's implications; and
(iv) The duration of the waiver, if applicable.
(C) The waiver must be signed and dated by an authorized
representative. An authorized representative may utilize an electronic signature.
(D) The waiver may be revoked at any time through written notice, and
such revocation becomes effective upon receipt, except where the waiver has
been relied upon for a material action.
(E) This requirement does not apply when disclosures are mandated by
law or court order.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.