2018 Tennessee Code
Title 29 - Remedies and Special Proceedings
Chapter 26 - Health Care Liability
Part 1 - General Provisions
§ 29-26-103. Use of results of survey, inspection or investigation of health care provider conducted by state or federal department or agency.

Universal Citation: TN Code § 29-26-103 (2018)
  • (a) Except as otherwise provided in this section, the results of a survey, an inspection, or an investigation of a health care provider that is conducted by any state or federal department or agency, including any statement of deficiencies and all findings and deficiencies cited in the statement of deficiencies on the basis of the survey, inspection, or investigation, all proposed or implemented plans of correction submitted by the health care provider, and statements of or records of interviews with employees or independent contractors of the health care provider, shall not be:

    • (1) Admissible in evidence in any health care liability action in any court or arbitration proceeding on the basis that it satisfies an exception to the Tennessee rules of evidence governing hearsay; or

    • (2) Used in an advertisement, unless the advertisement includes all of the following:

      • (A) The date the survey, inspection, or investigation was conducted;

      • (B) If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date the finding or deficiency was corrected; and

      • (C) A statement that the advertisement is neither authorized nor endorsed by the department of health, department of mental health and substance abuse services, or any other government agency.

  • (b) Nothing in this section prohibits the results of a survey, an inspection, or investigation being used in an administrative proceeding, a state civil or criminal proceeding, or a federal civil or criminal proceeding initiated by a state or federal department or agency, or an appeal of any such proceeding.

  • (c) Nothing in this section prohibits the results of a survey, an inspection, or investigation being used to impeach a witness in a health care liability action.

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