On April 4, 2025, the Tennessee State Legislature introduced House Bill 395, a significant piece of legislation aimed at regulating the use and storage of genetic information and organ transplant coverage. This bill seeks to address growing concerns over privacy, ethical medical practices, and the protection of patients' genetic data.
One of the key provisions of HB395 is the imposition of hefty fines on health benefit plans that knowingly provide coverage for organ transplants deemed illegal under the bill. Specifically, violators could face fines of up to $100,000 for each infraction, a measure intended to deter unethical practices in organ transplantation. Additionally, entities that store genetic sequencing data outside the United States, contrary to the regulations set forth in the bill, could incur fines of $10,000 per violation.
The bill also establishes a framework for patients and research subjects whose genetic information is misused. Individuals affected by violations related to their genomic data are entitled to recover statutory damages of at least $5,000 for each unique instance of misuse. This provision aims to empower patients and ensure accountability among healthcare providers and research institutions.
The legislation has sparked notable debates among lawmakers and health advocates. Proponents argue that the bill is a necessary step toward safeguarding patient rights and ensuring ethical standards in medical practices. Critics, however, express concerns about the potential for overreach and the implications of stringent penalties on healthcare providers, particularly smaller entities that may struggle to comply with the new regulations.
The implications of HB395 extend beyond legal compliance; they touch on broader social and ethical issues surrounding genetic privacy and healthcare access. Experts suggest that the bill could set a precedent for how genetic information is handled nationwide, influencing future legislation and healthcare practices.
As the bill moves forward, it is set to take effect on January 1, 2026, contingent upon the public welfare requiring it. The ongoing discussions surrounding HB395 highlight the critical intersection of healthcare, ethics, and patient rights, making it a pivotal topic for Tennessee residents and beyond.