Tenn. Code Ann. § 68-11-211 - Reporting Requirements for Incidents of Abuse, Neglect and Misappropriation

All licensed health care facilities and any physician’s office performing Level III surgery must report incidents of abuse, neglect, or misappropriation to the Department of Health within 7 days of identifying the event.  If health care services are provided in a patient’s home, the facility must report incidents witnessed or known by the person delivering health care services.  Failure to report an incident of abuse, neglect or misappropriation may be grounds for disciplinary action against the facility.

Incident reports must remain confidential and are not considered a public record.  Information contained in such reports may not be disclosed except:

•       In a disciplinary proceeding conducted by the department;
•       In a disciplinary proceeding conducted by the appropriate regulatory board;
•       If transmitted by the department to an appropriate regulatory board;
•       If shared by the department with an appropriate governmental agency responsible for regulatory oversight of the facility ;
•       If requested, the department must reveal its awareness that a specified incident has been reported; and
•       As appropriate, notification of the affected patient and the patient’s family by the facility.

The department may copy any portion of a facility medical record relating to the reported event unless otherwise prohibited. 

Each facility must also report any specific incidents that might result in a disruption in the delivery of health care services within 7 days of identifying the event.