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"Significant abnormality." A finding by a diagnostic imaging
16service of an abnormality or anomaly which would cause a
17reasonably prudent person to seek additional or follow-up
18medical care within three months.

19Section 3. Test results.

20(a) General rule.--An entity performing a diagnostic imaging
21service shall send by mail, directly to the patient or the
22patient's designee, a notice that the diagnostic imaging service 
23has completed a review of the test performed on the patient and 
24has sent results to the physician who ordered the diagnostic 
25imaging service when there is a finding of a significant 
26abnormality. The notice shall include all of the following:

27(1) The name of the ordering physician.

28(2) The date the test was performed.

29(3) The date the results were sent to the ordering
30physician.

1(4) The summary of the report, otherwise known as an
2impression or conclusion, or the complete results of the
3diagnostic imaging service provided to the ordering
4physician.

5(b) Exceptions.--The following shall be exempted from the
6requirements of subsection (a):

7(1) Routine obstetrical ultrasounds used to monitor the
8development of a fetus.

9(2) Diagnostic imaging services performed on a patient
10who is being treated on an inpatient basis.

11(c) Test results.--No sooner than seven days and no later
12than 20 days after the date under subsection (a)(3), the
13diagnostic imaging service shall provide the patient with the
14impression, conclusion or report of the results of the
15diagnostic imaging service performed on the patient.

16(d) Method of transmittal.--The notice under subsection (a)
17and test results under subsection (c) may be provided
18electronically by e-mail or facsimile if such communication is
19deemed acceptable by the patient or the patient's designee.

20Section 4. Duties of Department of Health.

21The Department of Health shall, in accordance with law,
22conduct compliance reviews and investigate complaints filed
23relating to the requirements of section 3.

24Section 5. Applicability.

25The duties imposed under this act on entities performing
26diagnostic imaging and the Department of Health shall not
27commence until sufficient funding has been made available to the
28department for its duties under section 4 and the department has
29published a notice to that effect in the Pennsylvania Bulletin.

30Section 6. Existing professional obligation.

1Nothing in this act shall be construed as relieving a health
2care professional from complying with an existing professional
3obligation to inform a patient of test results.

4Section 7. Effective date.

5This act shall take effect in 60 days.