68-11-228 - - Tennessee Statutes

68-11-228. “Home care organization” and “solicit” defined.

(a)  As used in this section and §§ 68-11-229 68-11-231, “home care organization” has the meaning as set forth in § 68-11-201.

(b)  (1)  Except as otherwise provided, “solicit,” as used in this section and §§ 68-11-229 68-11-231, means contact with a patient knowingly being treated by another home care organization for the purpose of attempting to persuade the patient to change home care organizations. “Solicit” specifically includes, but is not limited to, contacts by an existing or former employee of a home care organization for the purpose of persuading a patient of that home care organization to change to another home care organization.

     (2)  “Solicit,” as used in this section and §§ 68-11-229 68-11-231, does not include a home care organization's communications to the general public or any advertising of services through means of direct mail. The prohibition on solicitation set forth in this section shall in no way prevent a physician from making a recommendation to a patient that the patient use a particular home care organization's services based upon the physician's independent judgment.

[Acts 1995, ch. 526, § 1.]