Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
.. ·• 111••·
/,~
~:~· '\''"'\:
~(( -=---~~, ,...,, , ,:i"'l •
~
~tate of \ltennessee
PUBLIC CHAPTER NO. 1019
HOUSE BILL NO. 2259
By Representatives Helton-Haynes, Williams, Chism
Substituted for: Senate Bill No. 2413
By Senators Watson, Bowling, Reeves, Stevens
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 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 in an open discussion is not a waiver of the privilege and confidentiality
protections provided under this section. Such disclosures are considered separate and
apart from a QIC proceeding and do not affect the privilege attributed to the QIC
documentation.
(5)
(A) 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.
(B) The outcomes from the QIC review must remain confidential and
privileged unless otherwise provided by state or federal law, in which case, the
disclosure of any QIC 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 as prohibited in this
section.
(6)
(A) A healthcare provider or healthcare organization may voluntarily
engage in an open discussion. Any communications during an open discussion
are not an admission of liability and are protected from discovery, as described in
subdivision (c)(1 ).
HB2259
(B) A healthcare provider or healthcare organization may engage in
voluntary communications, as described in subdivision (c)(6)(A), and is immune
from liability as a result of the open discussion as long as the communication is
undertaken in good faith and in compliance with subdivision (c)(7).
(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.
(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; and
(b) Not subject to discovery, subpoena, or use as evidence
in any judicial, administrative, or arbitration proceeding;
(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 sign a written acknowledgment after an adverse healthcare
incident occurs before an open discussion takes place; and
(iii) 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.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.
2
HOUSE BILL NO. 2259
PASSED: April 15, 2026
•
CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
Q, ~"' ~~"" 'A~'--.
' RANDY M\NALLY
SPEAKER OF THE SENATE
APPROVED this (Cf ti.. day of (Vh 1~, 2026
~Ck -
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.