Attorney General Opinions
Relating to County Government

2007 Records

The records of an association or nonprofit corporation that has complied with the exception to the Open Records Act contained in T.C.A. § 10-7-503(d)(1) are still open to the public if the association or corporation is the functional equivalent of a governmental agency, the determination of which should be based on an analysis of the factors set forth by our Supreme Court in Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 87 S.W.3d 67, 79 (Tenn. 2002). Opinion No. 07-107 (December 21, 2007).

The Health Insurance Portability and Accountability Act (HIPAA) provides that it shall not preempt a state law provision that “relates to the privacy of individually identifiable health information and is more stringent a standard, requirement, or implementation specification.” 45 C.F.R. § 160.203(b). Thus, Tennessee laws that maintain the confidentiality of individually identifiable health information will override a use or disclosure otherwise permitted under HIPAA. Opinion No. 07-165 (December 14, 2007).