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

1malignancy.

2"Diagnostic radiograph." A projectional radiograph that
3acquires an image or digital image with x-rays to produce a high
4contrast, two-dimensional image, otherwise known as an x-ray.

5"Health care practitioner." As defined in section 103 of the
6act of July 19, 1979 (P.L.130, No.48), known as the Health Care 
7Facilities Act.

8"Significant abnormality." A finding by a diagnostic imaging
9service of an abnormality or anomaly which would cause a
10reasonably prudent person to seek additional or follow-up
11medical care within three months.

12Section 3. Test results.

13(a) General rule.--An entity performing a diagnostic imaging
14service shall directly notify the patient or the patient's
15designee that the entity has completed a review of the test 
16performed on the patient and has sent results to the health care 
17practitioner who ordered the diagnostic imaging service when 
18there is a finding of a significant abnormality. The notice 
19shall include all of the following:

20(1) The name of the ordering health care practitioner.

21(2) The date the test was performed.

22(3) The date the results were sent to the ordering
23health care practitioner.

24(4) The summary of the report, otherwise known as an
25impression or conclusion, or the complete results of the
26diagnostic imaging service provided to the ordering health 
27care practitioner.

28(5) The following statements:

29You are receiving this as a result of an abnormal finding
30on your diagnostic imaging service.

1The results of your test or tests have been sent to the
2health care practitioner that ordered the tests. You are
3always recommended to discuss all test results with your
4health care practitioner.

5(6) Any information deemed necessary by the entity to 
6help the patient or the patient's designee understand the
7summary report or the results of the diagnostic imaging
8service.

9(b) Exceptions.--The following shall be exempted from the
10requirements of subsection (a):

11(1) Routine obstetrical ultrasounds used to monitor the
12development of a fetus.

13(2) Diagnostic imaging services performed on a patient
14who is being treated on an inpatient basis.

15(3) Diagnostic radiographs.

16(c) Test results.--No sooner than seven days and no later
17than 20 <-days after the date under subsection (a)(3), the entity 
18performing the diagnostic imaging service shall provide the
19patient <-or patient's designee with the impression, conclusion or
20report of the results of the diagnostic imaging service
21performed on the patient.

22(d) Method of transmittal.--The following apply:

23(1) The notice under subsection (a) and test results
24under subsection (c) shall be provided in a manner deemed
25acceptable by the patient or the patient's designee.

26(2) A notice provided under subsection (a) shall be
27presumed to comply with this act if:

28(i)  mailed in a properly addressed and stamped
29letter through the United States Postal Service;

30(ii)  sent electronically by e-mail;

1(iii)  sent by automatic alert from an electronic
2medical record system that the notice under subsection
3(a) has been posted to the patient's electronic medical
4record that is presently viewable; or

5(iv) sent by facsimile.

6Section 4. Duties of Department of Health.

7The Department of Health shall:

8(1) in accordance with law, conduct compliance reviews
9as part of the inspection performed by the department or an 
10accrediting organization and investigate complaints filed
11relating to the requirements of section 3; and

12(2) establish a complaint procedure, which shall be made
13available on the department's publicly accessible Internet
14website.

15Section 5. Applicability.

16The duties imposed under this act on entities performing
17diagnostic imaging and the Department of Health shall not
18commence until sufficient funding has been made available to the
19department for its duties under section 4 and the department has
20published a notice to that effect in the Pennsylvania Bulletin.

21Section 6. Existing professional obligation.

22Nothing in this act shall be construed as relieving a health
23care professional from complying with an existing professional
24obligation to inform a patient of test results.

25Section 7. Effective date.

26This act shall take effect in 60 days.