Amends TCA Title 8, Chapter 27.

This bill requires entities covered by the federal Health Insurance Portability and Accountability Act (HIPAA), whether the entities are public or private, to comply with a request or subpoena for information protected under HIPAA, when the request or subpoena:<br /> <br /> (1) Is made by an individual, who is not the subject of the information; the individual's guardian, power of attorney, or executor of the individual's estate; an attorney; a private entity, or a law enforcement agency;<br /> <br /> (2) Is accompanied by a qualified protective order signed by the court in which the matter is pending; and<br /> <br /> (3) Provides sufficient notice as provided in this bill.<br /> <br /> For purposes of this bill, a "qualified protective order" means:<br /> <br /> (A) An order of a court, administrative judge, or tribunal, or a stipulation by the parties to the litigation or administrative proceeding, that prohibits a party from using or disclosing protected health information for a purpose other than the litigation or proceeding for which the information was requested; and requires the return to the individual who is the subject of the protected information or the individual's counsel of, or destruction of, the protected health information, including all copies made, at the end of the litigation or proceeding; or<br /> <br /> (B) A subpoena that is signed by the court in which the matter is pending; and provides sufficient notice as described in this bill.<br /> <br /> To provide sufficient notice under this bill, the party seeking protected health information must provide to the covered entity a written and notarized statement and accompanying documentation indicating that reasonable efforts have been made to ensure that an individual who is the subject of the information requested has been notified of the request, or to secure a qualified protective order for the information. The notice must include sufficient detail to permit the individual who is the subject of the information requested to identify the court in which the matter for which the information sought is pending, and raise an objection with the court. The notarized statement must require that the party seeking protected health information file a separate statement and accompanying documentation demonstrating that a period of 45 days has lapsed since the individual was provided with the notice; and the individual or the individual's representative has not filed an objection, or, if an objection has been filed, the filed objections have been resolved by the court and the disclosures being sought are consistent with that resolution.<br /> <br /> ON FEBRUARY 28, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2414, AS AMENDED.<br /> <br /> AMENDMENT #1 authorizes a local government entity to opt out of the requirements of this bill upon passage of a resolution by a simple majority vote of the entity's governing body.<br />