Terms Used In Tennessee Code 56-54-109

  • Claimant: means a person, including a decedent's estate, that is seeking or has sought monetary damages for injury or death caused by health care liability. See Tennessee Code 56-54-103
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-54-103
  • facility: means an entity licensed under title 68, including a clinic, diagnostic center, hospital, laboratory, mental health center, nursing home, office, surgical facility, treatment facility, or similar place where a health care provider provides health care to patients. See Tennessee Code 56-54-103
  • Insuring entity: means :
    1. An authorized insurer. See Tennessee Code 56-54-103
    2. provider: means :
      1. A person licensed in either title 63, except chapter 12, or title 68 to provide health care or related services, including, but not limited to, an acupuncturist, a physician, a surgeon, an osteopathic physician, a dentist, a nurse, an optometrist, a podiatrist, a chiropractor, a physical therapist, a psychologist, a pharmacist, an optician, a physician assistant, a certified professional midwife, an orthopedic physician assistant, or a nurse practitioner. See Tennessee Code 56-54-103
      2. Self-insurer: means any health care provider, facility, or other individual or entity that assumes operational or financial risk for claims of health care liability. See Tennessee Code 56-54-103
  1. The commissioner may assess a civil penalty in the amount of one hundred dollars ($100) per day upon any insuring entity, self-insurer, facility, provider and claimant‘s counsel that fails to file a complete filing by the required date, or otherwise fails to comply with this chapter. Any insuring entity, self-insurer, facility, provider and claimant’s counsel so assessed may request an administrative hearing to contest the assessment of a penalty under this section. The prevailing party shall be entitled to its costs in bringing or defending the action.
  2. All hearings under this section shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.