TennCare - As introduced, increases from seven to 10 days, the mandatory public inspection period for a hospital's marketing and strategic planning records prior to a vote by its board to adopt such plans. - Amends TCA Title 3; Title 4; Title 5; Title 6; Title 7; Title 33; Title 41; Title 47; Title 53; Title 56; Title 63; Title 68 and Title 71.

114th Regular Session (2025-2026) Introduced by Rusty Crowe

Extends the public inspection window for hospital marketing and strategic planning records from 7 to 10 days before board votes.

Passed on Second Consideration, refer to Senate Commerce and Labor Committee

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Purpose and Intent

The bill amends multiple sections of the Tennessee Code to modify the public inspection period for hospital marketing and strategic planning records.

Specifically, it increases the mandatory public inspection period from 7 days to 10 days prior to a hospital board vote to adopt marketing and strategic planning plans.

The change is framed as making a modest extension to the public review window “without making significant changes to current law.”

Key Provisions and Changes

Amendment location: Tennessee Code Annotated (TCA) § 68-11-238(a) (as cited in the bill text).

Change enacted: Replace the current 7-day inspection window with a 10-day inspection window.

Scope: The bill references a broad set of titles, indicating a broad, systemic adjustment to public inspection processes related to health care, though the concrete textual change is a single time-frame update.

Affected Parties and Impacts

Hospitals and health care providers subject to public records and inspection requirements for marketing and strategic planning materials.

Members of hospital boards who would vote on marketing and strategic planning plans.

The General Public and transparency advocates who rely on access to hospital marketing and strategic planning records before board decisions.

Procedural and Timeline Details

Effective date: The act takes effect upon becoming law, with the “public welfare requiring it” standard cited for immediate effect.

Legislative path:

Introduced in 2026; HB 2199 (Keisling) and SB 2435 (Crowe).
Passed 2nd Consideration in the Senate on February 5, 2026; introduced and passed 1st Consideration on February 2, 2026.
Reported by the Fiscal Review Committee with a “not significant” fiscal impact.

Fiscal note: The fiscal note indicates no significant impact on state or local government operations; minor or negligible fiscal effects expected.

Practical Implications

If enacted, hospitals must keep marketing and strategic planning records available for public inspection for 10 days prior to board votes on those plans, rather than 7 days.

The intent appears to enhance public access and transparency by extending the review period.

Administrative impact is expected to be minor, requiring only a longer window for public review rather than changes to the substantive requirements of the records or processes.

Summary

SB 2435 / HB 2199 modestly extends the mandated public inspection period for hospital marketing and strategic planning records from 7 to 10 days before a board vote. The change aims to improve public transparency with no significant fiscal impact anticipated. The bill is effective upon becoming law.

Bill