(a) The commissioner shall design and establish a reporting system which shall require the treating hospital to report to the department within a reasonable period of time after the identification by the treating hospital of a person with TBI. The consent of the injured person shall not be required.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) The required report must be submitted on forms provided by the department and must include the following information:
(1) The name, age and residence of the injured person; and(2) Other information requested by the department that is currently available and collected by computer in the medical records department of the treating hospital.(c) The furnishing of the required information shall not subject the person or treating hospital providing the information to any liability or any action for damages or relief.(d) The information provided pursuant to this section shall be used only for the purposes stated in this chapter and shall only be used in accordance with the rules promulgated by the commissioner and, in all other instances, shall be confidential records as defined in § 10-7-504(a)(1).(e) A treating hospital subject to this chapter that intentionally fails to comply with reporting or confidentiality and disclosure requirements of this chapter is subject to a civil penalty of not more than one hundred dollars ($100) for the first violation and not more than five thousand dollars ($5,000) for a second or subsequent violation.
