(a) A treatment facility shall not:

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Terms Used In Tennessee Code 33-2-424

  • Community mental health center: includes for profit corporations and private entities qualified as tax exempt organizations under Internal Revenue Code, §. See Tennessee Code 33-1-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Drug abuse: means a condition characterized by the continuous or episodic use of a drug or drugs resulting in social impairment, vocational impairment, psychological dependence or pathological patterns of use. See Tennessee Code 33-1-101
  • Facility: means a treatment resource, rehabilitation center, hospital, community mental health center, counseling center, clinic, group home, halfway house or any other entity that provides a mental health, service or an alcohol and drug abuse prevention and/or treatment facility. See Tennessee Code 33-2-402
  • Hospital: means a public or private hospital or facility or part of a hospital or facility equipped to provide inpatient care and treatment for persons with mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
  • Service: includes any activity to prevent, treat, or ameliorate mental illness, serious emotional disturbance or alcohol or drug use which includes diagnosis, evaluation, residential assistance, training, habilitation, rehabilitation, prevention, treatment, counseling, case coordination, or supervision of persons with mental illness, alcohol and drug abuse issues and serious emotional disturbances. See Tennessee Code 33-2-402
  • Treatment resource: means any public or private facility, service, or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses, and rehabilitation centers. See Tennessee Code 33-1-101
(1) Refer drug tests to an out-of-network laboratory if an in-network laboratory is reasonably available to meet the patient’s drug testing needs;
(2) Order or perform confirmatory testing in the absence of a documented medical or legal need for the testing;
(3) Enter into any contract or agreement with a third-party payor that includes any inducement or incentive to reduce or limit services to a level or duration below what is in the best clinical interest of the patient; or
(4) Request, receive, or retain payment for substance use disorder treatment services provided to a patient as a result of conduct described in subdivision (a)(1), (a)(2), or (a)(3).
(b) In addition to any other punishment authorized by law, an entity that knowingly violates this section is subject to suspension or revocation of the entity’s license pursuant to § 33-2-407 and the imposition of civil penalties under § 33-2-409.
(c) As used in this section, “treatment facility” means a developmental center, treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, hospital, community mental health center, counseling center, clinic, group home, halfway house, or any other entity that provides a mental health, intellectual, or developmental disability service or an alcohol and drug abuse prevention and/or treatment facility.
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