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Member Alert: New Laws Effective January 1, 2023

September 2, 2022
 

The following bills enacted by the 2022 General Assembly are effective January 1, 2023 and may be of special interest to physicians since they could require action or reporting. Others are for information only. Contact the TMA Legal Department at 800-659-1862, ext. 1645 or legal@tnmed.org with any questions.

Action Required by Physicians

E-Verification of Employees and Non-Employees PC 832
An employer with more than 35 full-time employees must register with the E-Verify System and verify the work authorization status of every employee hired on or after Jan. 1, 2023. TMA’s Law Guide topic, E-Verification of Employees, details the requirements of this law.

Prior Authorization Communication PC 664
When a physician communicates with an insurance plan or facility regarding additional information needed for a prior authorization, certain information must be communicated to the patient by the physician. Access our Law Guide topic titled Prior Authorization - Status and Patient Notification to fully understand all requirements related to this law.

Information Only – No Reporting or Action Required by Physicians

Abortion-Inducing Drug Risk Protocol Act PC 1001
This law covers chemical abortions and was passed by the Tennessee General Assembly before the US Supreme Court ruled on abortion. As a result, there appears to be a conflict between this law and the Tennessee trigger law that became effective Aug. 25. For a full discussion of this law, review section X. A. 2. of our Law Guide topic, Abortion.

Step Therapy PC 1020
The Tennessee General Assembly addressed step therapy in code for the first time in 2022. The law sets out a process by which health care providers can obtain exceptions to health insurance step therapy requirements. TMA has a Law Guide topic, Step Therapy, explaining this new law.