PRIOR PRINTER'S NOS. 1618, 2373
PRINTER'S NO. 2473
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1233
Session of
2015
INTRODUCED BY QUINN, BAKER, BOBACK, COHEN, CORBIN, D. COSTA,
COX, DeLUCA, ENGLISH, EVERETT, FARRY, GILLEN, GROVE, HARPER,
J. HARRIS, HELM, HENNESSEY, JAMES, KAUFER, KORTZ, LAWRENCE,
McNEILL, MILLARD, MILNE, MURT, O'NEILL, PICKETT, READSHAW,
ROZZI, SABATINA, TALLMAN, TOEPEL, TOOHIL AND WATSON,
MAY 18, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 28, 2015
AN ACT
Providing for summaries or copies of patient test results to be
sent directly to a patient or the patient's designee when
there is a finding of a significant abnormality; and
providing for duties of the Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Patient Test
Result Information Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Diagnostic imaging service." A medical imaging test
performed on a patient that is intended to diagnose the presence
or absence of a disease, including, but not limited to, a
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malignancy.
"Diagnostic radiograph." A projectional radiograph that
acquires an image or digital image with x-rays to produce a high
contrast, two-dimensional image, otherwise known as an x-ray.
"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Significant abnormality." A finding by a diagnostic imaging
service of an abnormality or anomaly which would cause a
reasonably prudent person to seek additional or follow-up
medical care within three months.
Section 3. Test results.
(a) General rule.--An entity performing a diagnostic imaging
service shall directly notify the patient or the patient's
designee BY PROVIDING NOTICE that the entity has completed a
review of the test performed on the patient and has sent results
to the health care practitioner who ordered the diagnostic
imaging service when there is a finding of a significant
abnormality. The notice shall include all of the following:
(1) The name of the ordering health care practitioner.
(2) The date the test was performed.
(3) The date the results were sent to the ordering
health care practitioner.
(4) The summary of the report, otherwise known as an
impression or conclusion, or the complete results of the
diagnostic imaging service provided to the ordering health
care practitioner.
(5) The following statements:
You are receiving this as a result of an abnormal finding
on your diagnostic imaging service.
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The complete results of your test or tests have been sent
to the health care practitioner that ordered the tests.
You are always recommended to discuss all test results
with your health care practitioner.
(6) Any information deemed necessary by the entity to
help the patient or the patient's designee understand the
information provided under paragraph (4).
(b) Exceptions.--The following shall be exempted from the
requirements of subsection (a):
(1) Routine obstetrical ultrasounds used to monitor the
development of a fetus.
(2) Diagnostic imaging services performed on a patient
who is being treated on an inpatient basis.
(3) Diagnostic radiographs.
(c) Test results.--No TIME.--EXCEPT AS PROVIDED UNDER
SUBSECTION (D)(2)(V), NO sooner than seven days and no later
than 20 days after the date THE RESULTS WERE SENT TO THE
ORDERING HEALTH CARE PRACTITIONER AS PROVIDED under subsection
(a)(3), the entity performing the diagnostic imaging service
shall provide the patient or patient's designee with the
impression, conclusion or report of the results of the
diagnostic imaging service performed on the patient NOTICE UNDER
SUBSECTION (A).
(d) Method of transmittal.--
(1) The notice under subsection (a) and test results
under subsection (c) shall be provided in a manner deemed
acceptable by the patient or the patient's designee.
(2) A notice provided under subsection (a) and the test
results under subsection (c) shall be presumed to comply with
this act if:
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(i) mailed in a properly addressed and stamped
letter through the United States Postal Service;
(ii) sent electronically by e-mail;
(iii) sent by automatic alert from an electronic
medical record system that the notice under subsection
(a) has been posted to the patient's electronic medical
record that is presently viewable;
(iv) sent by facsimile; or
(v) provided directly to the patient at the time of
service, so long as the patient acknowledges the receipt
of the results and signs the patient's medical record
accordingly.
(e) Construction.--Nothing under this act shall be construed
to require an entity to provide a patient or patient's designee
the test results NOTICE under subsection (c) (A) if the results
are provided to the patient or patient's designee by the health
care practitioner at the time of the test.
Section 4. Duties of Department of Health.
The Department of Health shall:
(1) in accordance with law, conduct compliance reviews
as part of the inspection performed by the department or an
accrediting organization and investigate complaints filed
relating to the requirements of section 3; and
(2) establish a complaint procedure, which shall be made
available on the department's publicly accessible Internet
website.
Section 5. Applicability.
The duties imposed under this act on the Department of Health
shall not commence until sufficient funding has been made
available to the department for its duties under section 4 and
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the department has published a notice to that effect in the
Pennsylvania Bulletin.
Section 6 5. Existing professional obligation.
Nothing in this act shall be construed as relieving a health
care professional from complying with an existing professional
obligation to inform a patient of test results.
Section 7 6. Effective date.
This act shall take effect in 60 days.
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