Senator Joey Hensley, MD

The 113th General Assembly has adjourned for 2023, and it was a very successful year. We have taken measures for Tennessee to be a better place to live, work and to raise a family. I will go over some of the laws passed this session.

Extending COVID-19 liability protections indefinitely – The General Assembly made permanent certain laws passed during the COVID-19 pandemic to protect citizens from government overreach and provide businesses and health care providers with liability protections from health-related claims. By making these laws permanent, lawmakers ensure that state and local governments cannot require COVID-19 vaccine mandates and that statewide standards are met before local governments can issue mask mandates in public and schools. Among other things, it also guarantees a person hospitalized can have a family member with them during their stay. The new law removes the termination date on these provisions of July 1, 2023.

Protecting parental rights regarding vaccines – This law, called the Mature Minor Doctrine Clarification Act, prohibits a healthcare provider from giving vaccinations to minors without parental consent. During the COVID-19 pandemic, the Department of Health issued a memo to healthcare providers that cited the Mature Minor Doctrine for authority to provide COVID-19 vaccines to minors without parental consent. After lawmakers raised concerns with the newly authorized shots being given to children without parents’ knowledge or consent, the department reversed course. This law clarifies that the Mature Minor Doctrine does not allow vaccinations to be given to minors without consent from their parents.

Family Medicine Student Loan Repayment Grant – New legislation was approved this year to create a grant program to recruit physicians to serve patients in rural areas with health services shortages. The Family Medicine Student Loan Repayment Grant will be administered by the Department of Health and provide up to $40,000 per year in grants for up to five years to residents who commit to provide medical services in a Tennessee health resource shortage area for at least five years following residency training in family medicine. In order to be eligible for the grant a person must also have graduated from an accredited medical school, be actively enrolled in a Tennessee family medicine residency program and apply for the program during their residency. The department can consult the Tennessee student assistance corporation, the board of medical examiners and the board of osteopathic examination to promulgate rules and regulations for management and administration of the program. The grant for loan repayment cannot exceed total student loan debt.

Strengthening Right to Shop Act - The General Assembly built on its efforts to lower health care costs by improving competition in the marketplace. A new law strengthens the Right to Shop Act by creating a viable avenue to negotiate fair prices with out-of-network providers in non-emergency situations. Under the new law, if a patient negotiates a lower price with an out-of-network provider, then the patient can submit paperwork to their insurance company and have their out-of-pocket cost applied to their deductible.

Ensuring patients’ choice in lab testing - This law allows Tennesseans with health insurance plans to use the licensed medical laboratory of their choice. The law also prohibits an insurance company from denying a licensed medical laboratory from participating in a qualified policy or plan. The law addresses an issue that arose during the COVID-19 pandemic when lab testing was in high demand. During that time, some insurers required COVID-19 tests to be sent to out-of-state labs, causing delays, when they could have been processed quicker by in-state labs.

Expanding telehealth providers for TennCare recipients - A new law expands TennCare recipients’ access to healthcare providers by allowing telehealth providers that have an address in another state to provide services through TennCare. Previously, any vendor through TennCare had to have a physical address in Tennessee, but this law removes that requirement, allowing greater healthcare access to people with TennCare.

Providing coverage for breast cancer screenings – A new law helps increase access to medically necessary diagnostic and supplemental breast imaging by eliminating the burdensome out-of-pocket cost for patients whose health insurance covers these services. These procedures are necessary to rule out breast cancer or to diagnose it sooner and help save lives.

The new law requires a health benefit plan to provide coverage for mammogram screenings to also provide for diagnostic imaging without imposing a cost-sharing requirement on the patient. If a patient has a high deductible health benefit plan with a health savings account, this only applies after the enrollee has satisfied the required minimum deductible, except with respect to items or services that are deemed preventive care. It is not intended to create a new health mandate, rather eliminate the out-of-pocket cost imposed on patients for these services.

Without financial assistance, many women will delay or forego recommended breast imaging tests. This delay can mean patients will not seek care until the cancer has spread, making it much deadlier and costlier to treat. Breast cancer can be up to five times more expensive to treat when it has spread to other parts of the body. Every month delay raises the risk of death by 10%.

Contact Senator Hensley at

425 5th Avenue North, Suite 746

Nashville TN 37243

615-741-3100

Toll Free 1-800-449-8366

ext. 13100

Fax 615-253-0231

855 Summertown Highway

Hohenwald TN 38462

Phone 931-796-2018

Cell Phone 931-212-8823

E-mail:

[email protected]