The Tennessee Legislature is active in recent terms in introducing a number of healthcare legislation to improve price transparency. To protect consumers from surprise or balance billing, the legislature enacted HB 1342/SB 1120 in the 2019 session, which requires at least three days notice to an insured for services from an out-of-network facility-based physician. Similarly, in the 2017-2018 term, the legislature enacted HB 1935/SB 1869, which prohibits healthcare providers from collecting out-of-network charges from an insured unless they provide written notice to the insured.
In other price transparency efforts, the state passed the Tennessee Right to Shop Act (SB 0510) in 2019 to induce consumer price shopping. In the 2017-2018 term, it took steps to increase price transparency among health care providers and passed legislation that requires annual coverage assessments on hospitals.
The state also attempted to eliminate the certificate of need (CON) system in 2019. HB 0541/SB 1390 proposes to remove the CON requirement for building a hospital satellite emergency department, while HB 1085/SB 1291 would repeal the system altogether. These bills did not pass at the end of the 2019 session, but bills from 2019 will carry over to 2020 as part of the 2019-2020 term.
The State Database
The Source tracks state activities impacting healthcare price and competition in both legislation and litigation in a searchable database to help stakeholders at the state level understand their legal and regulatory environment as they make efforts to improve access, quality, and efficiency, and reduce costs in healthcare.
LEGISLATION: The Database of State Laws Impacting Healthcare Cost and Quality (SLIHCQ), created by The Source on Healthcare Price & Competition and Catalyst for Payment Reform, catalogues state legislation governing price transparency, provider market power, provider payment, provider networks, and benefit design. The database also includes pharmaceutical legislation beginning in the 2017-2018 legislative session. *Note: Current legislative session bill updates are ongoing. Check back weekly for updates.
LITIGATION: The Source tracks major litigation and antitrust enforcement action by federal entities (FTC or DOJ), state attorney generals, and private parties in the main provider and insurer markets, particularly legal challenges of healthcare consolidation and anticompetitive contract provisions. Additionally, the database contains major pharmaceutical cases including legislation challenges and significant appellate cases.
Search the database across all jurisdictions on the State Overview page, or view and filter existing legislation or litigation on individual state pages. The database allows customized search and filter by keyword, status, and/or key issue category. *Multiple filter/selections enabled. Click here for User Guide.
LEGISLATIVE CALENDARTennessee’s latest legislative session ran from 1/8/2019 – 4/26/2019. Bills from 2019 will carry over to 2020 as part of the 2019-2020 legislative term.
FY 2019-2020 BUDGETTennessee’s fiscal year begins on July 1 and ends on June 30 the following year. Tennessee enacted its FY 2019-2020 Budget during the regular legislative session. To view Tennessee’s FY 2019-2020 Budget, click here.
REGULATION & ENFORCEMENT
- Tennessee was one of 16 states to file an amicus brief supporting the FTC’s winning position in the Ninth Circuit appeal of St. Luke’s Health Care Sys. v. FTC, No. 14-35173 (March 7, 2014), decided February 10, 2015. The States’ brief stated that the acceleration of health care costs due to the growth of large health care provider systems had become a matter of grave concern for the states.