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A09290
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1884
Session of
2017
INTRODUCED BY M. QUINN, TOEPEL, HICKERNELL, WATSON, MILLARD,
PICKETT, PHILLIPS-HILL, GILLEN, SCHWEYER, DeLUCA, BAKER,
BOBACK, EVERETT, O'NEILL, KAUFER, GROVE, KORTZ, ENGLISH,
HARPER AND TALLMAN, OCTOBER 25, 2017
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 25, 2017
AN ACT
Providing for summaries or copies notification 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
malignancy.
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"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 When, in the judgment of the entity
performing a diagnostic imaging service, a significant
abnormality may exist, the entity performing a the 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:
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You are receiving this notice as a result of an abnormal
finding on a determination by your diagnostic imaging
service. that further discussions of your test results
are warranted and would be beneficial to you.
The complete results of your test or tests have been or
will be sent to the health care practitioner that ordered
the test or 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). It is
recommended that you contact your health care
practitioner to discuss your results as soon as possible.
(5) The contact information necessary for the patient to
obtain a full report.
(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 or in an emergency
room.
(3) Diagnostic radiographs.
(c) Time.--Except as provided under subsection (d)(2)(v), no
sooner than 7 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 notice under subsection (a).
(d) Method of transmittal.--
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(1) The notice under subsection (a) shall be provided in
a manner deemed acceptable by the patient or the patient's
designee.
(2) A notice provided under subsection (a) shall be
presumed to comply with this act if:
(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
(e) Construction.--
(1) Nothing in this act shall be construed to require an
entity to provide a patient or patient's designee the notice
under subsection (a) if the results are provided to the
patient or patient's designee by the health care practitioner
at the time of the test.
(2) Nothing in this act shall be construed to prohibit
an entity from providing a patient with:
(i) the summary of a diagnostic imaging service
report, otherwise known as an impression or conclusion;
or
(ii) the complete results of the diagnostic imaging
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service provided to the ordering health care
practitioner.
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. Existing professional obligation.
Nothing in this act shall be construed as relieving a health
care practitioner from complying with an existing professional
obligation to inform a patient of test results.
Section 6. Effective date.
This act shall take effect in 60 days.
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