AN ACT

 

1Providing for summaries or copies of patient test results to be
2sent directly to a patient or the patient's designee when
3there is a finding of a significant abnormality; and
4providing for duties of the Department of Health.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Patient Test
9Result Information Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Diagnostic imaging service." A medical test performed on a 
15patient, including any of the following:

16(1) Magnetic resonance imaging.

1(2) Nuclear medicine.

2(3) Angiography.

3(4) Arteriography.

4(5) Computerized axial tomography.

5(6) Positron emission tomography.

6(7) Digital vascular imaging.

7(8) Bronchoscopy.

8(9) Lymphangiography.

9(10) Splenography.

10(11) Ultrasound.

11(12) EEG.

12(13) EKG.

13(14) Nerve conduction studies.

14(15) Evoked potentials.

<-15"Health care practitioner." As defined in section 103 of the
16act of July 19, 1979 (P.L.130, No.48), known as the Health Care 
17Facilities Act.

18"Significant abnormality." A finding by a diagnostic imaging
19service of an abnormality or anomaly which would cause a
20reasonably prudent person to seek additional or follow-up
21medical care within three months.

22Section 3. Test results.

23(a) General rule.--An entity performing a diagnostic imaging
24service shall send by mail, directly to the patient or the
25patient's designee, a notice that the diagnostic imaging service 
26has completed a review of the test performed on the patient and 
27has sent results to the <-physician health care practitioner who 
28ordered the diagnostic imaging service when there is a finding 
29of a significant abnormality. The notice shall include all of 
30the following:

1(1) The name of the ordering <-physician health care 
2practitioner.

3(2) The date the test was performed.

4(3) The date the results were sent to the ordering
<-5physician health care practitioner.

6(4) The summary of the report, otherwise known as an
7impression or conclusion, or the complete results of the
8diagnostic imaging service provided to the ordering
9physician health care practitioner.<-

10(5) Any information deemed necessary by the entity to<-
11help the patient or the patient's designee understand the
12summary report or the results of the diagnostic imaging
13service.

14(b) Exceptions.--The following shall be exempted from the
15requirements of subsection (a):

16(1) Routine obstetrical ultrasounds used to monitor the
17development of a fetus.

18(2) Diagnostic imaging services performed on a patient
19who is being treated on an inpatient basis.

20(c) Test results.--No sooner than seven days and no later
21than 20 days after the date under subsection (a)(3), the
22diagnostic imaging service shall provide the patient with the
23impression, conclusion or report of the results of the
24diagnostic imaging service performed on the patient.

25(d) Method of transmittal.--The notice under subsection (a)
26and test results under subsection (c) may be provided
27electronically by e-mail or facsimile if such communication is
28deemed acceptable by the patient or the patient's designee.

29Section 4. Duties of Department of Health.

30The Department of Health shall, in accordance with law,<-

1conduct compliance reviews and investigate complaints filed
2relating to the requirements of section 3.

3The Department of Health shall:<-

4(1) in accordance with law, conduct compliance reviews
5as part of the annual inspection performed by the department
6and investigate complaints filed relating to the requirements
7of section 3; and

8(2) establish a complaint procedure, which shall be made
9available on the department's publicly accessible Internet
10website.

11Section 5. Applicability.

12The duties imposed under this act on entities performing
13diagnostic imaging and the Department of Health shall not
14commence until sufficient funding has been made available to the
15department for its duties under section 4 and the department has
16published a notice to that effect in the Pennsylvania Bulletin.

17Section 6. Existing professional obligation.

18Nothing in this act shall be construed as relieving a health
19care professional from complying with an existing professional
20obligation to inform a patient of test results.

21Section 7. Effective date.

22This act shall take effect in 60 days.