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 <-imaging test
15performed on a patient<-, 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. <-that is intended to diagnose the
15presence or absence of a disease, including, but not limited
16to, a malignancy.

17"Diagnostic radiograph." A projectional radiograph that
18acquires an image or digital image with x-rays to produce a high
19contrast, two-dimensional image, otherwise known as an x-ray.

20"Health care practitioner." As defined in section 103 of the
21act of July 19, 1979 (P.L.130, No.48), known as the Health Care 
22Facilities Act.

23"Significant abnormality." A finding by a diagnostic imaging
24service of an abnormality or anomaly which would cause a
25reasonably prudent person to seek additional or follow-up
26medical care within three months.

27Section 3. Test results.

28(a) General rule.--An entity performing a diagnostic imaging
29service shall <-send by mail, directly to directly notify the
30patient or the patient's designee, a notice that the <-diagnostic
 

1imaging service <-entity has completed a review of the test 
2performed on the patient and has sent results to the health care 
3practitioner who ordered the diagnostic imaging service when 
4there is a finding of a significant abnormality. The notice 
5shall include all of the following:

6(1) The name of the ordering health care practitioner.

7(2) The date the test was performed.

8(3) The date the results were sent to the ordering
9health care practitioner.

10(4) The summary of the report, otherwise known as an
11impression or conclusion, or the complete results of the
12diagnostic imaging service provided to the ordering health 
13care practitioner.

<-14(5) Any information deemed necessary by the entity to 

15(<-5) The following statements:

16You are receiving this as a result of an abnormal finding
17on your diagnostic imaging service.

18The results of your test or tests have been sent to the
19health care practitioner that ordered the tests. You are
20always recommended to discuss all test results with your
21health care practitioner.

22(6) Any information deemed necessary by the entity to 
23help the patient or the patient's designee understand the 
24summary report or the results of the diagnostic imaging 
25service.

26(b) Exceptions.--The following shall be exempted from the
27requirements of subsection (a):

28(1) Routine obstetrical ultrasounds used to monitor the
29development of a fetus.

30(2) Diagnostic imaging services performed on a patient

1who is being treated on an inpatient basis.

<-2(3) Diagnostic radiographs.

3(c) Test results.--No sooner than seven days and no later
4than 20 days after the date under subsection (a)(3), the
5diagnostic imaging service shall provide the patient with the
6impression, conclusion or report of the results of the
7diagnostic imaging service performed on the patient.

8(d) Method of transmittal.--<-The notice under subsection (a) 
<-9The following apply:

10(1) The notice under subsection (a) and test results
11under subsection (c) <-may be provided electronically by e-mail 
12or facsimile if such communication is <-shall be provided in a 
13manner deemed acceptable by the patient or the patient's
14designee.

<-15(2) A notice provided under subsection (a) shall be
16presumed to comply with this act if:

17(i)  mailed in a properly addressed and stamped
18letter through the United States Postal Service;

19(ii)  sent electronically by e-mail;

20(iii)  sent by automatic alert from an electronic
21medical record system that the notice under subsection
22(a) has been posted to the patient's electronic medical
23record that is presently viewable; or

24(iv) sent by facsimile.

25Section 4. Duties of Department of Health.

26The Department of Health shall:

27(1) in accordance with law, conduct compliance reviews
28as part of the <-annual inspection performed by the department 
<-29or an accrediting organization and investigate complaints
30filed relating to the requirements of section 3; and

1(2) establish a complaint procedure, which shall be made
2available on the department's publicly accessible Internet
3website.

4Section 5. Applicability.

5The duties imposed under this act on entities performing
6diagnostic imaging and the Department of Health shall not
7commence until sufficient funding has been made available to the
8department for its duties under section 4 and the department has
9published a notice to that effect in the Pennsylvania Bulletin.

10Section 6. Existing professional obligation.

11Nothing in this act shall be construed as relieving a health
12care professional from complying with an existing professional
13obligation to inform a patient of test results.

14Section 7. Effective date.

15This act shall take effect in 60 days.