Pennsylvania HB 409: An Act amending the act of October 24, 2018 (P.L.719, No.112), known as the Patient Test Result Information Act, further providing for definitions, for test results and for duties of Department of Health.

Bill Text

PRIOR PRINTER'S NO. 381 PRINTER'S NO. 476
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 409
Session of
2025
INTRODUCED BY KOSIEROWSKI, HILL-EVANS, VENKAT, DONAHUE, SANCHEZ,
FREEMAN, NEILSON, RABB, WARREN, GIRAL, PROBST, STEELE, OTTEN,
D. WILLIAMS, MAYES, KENYATTA, GUENST, MERSKI, BOYD, CURRY,
GREEN AND WEBSTER, JANUARY 29, 2025
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, FEBRUARY 5, 2025
AN ACT
Amending the act of October 24, 2018 (P.L.719, No.112), entitled
"An act providing for notification of patient test results to
be sent directly to a patient or the patient's designee; and
providing for duties of the Department of Health," further
providing for definitions, for test results and for duties of
Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2, 3 and 4 of the act of October 24,
2018 (P.L.719, No.112), known as the Patient Test Result
Information Act, are amended to read:
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:
"Chronic condition." An illness that frequently recurs or
persists for a period in excess of three months.
"Diagnostic imaging service." A medical imaging test
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performed on a patient that is intended to diagnose the presence
or absence of a disease, including, but not limited to, a
malignancy. The term does not include a nonimaging study,
including an electrocardiogram, standard electrocardiogram
treadmill stress test, cardiac monitor, pulmonary function test
or similar test.
"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.--When, in the judgment of the entity
performing a diagnostic imaging service, a significant
abnormality may exist, the entity performing 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. 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.
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(4) The following statements:
You are receiving this notice as a result of 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. 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.]
(a.1) W ritten notice at time of service.--The entity
performing the diagnostic imaging service shall provide written
notice to the patient or the patient's designee at the time of
the diagnostic imaging service. The notice shall include the
following statement:
Your test results will be made available to you once the
results are ready. You can access your test results
online through your electronic health record (EHR)
patient portal. If you do not have access to your online
patient portal, you can request that your test results be
delivered to you by mail. You may be charged a reasonable
fee for the administrative costs of mailing the test
results.
(b) Exceptions.--The following shall be exempted from the
requirements of subsection [(a)] (a.1):
(1) Routine obstetrical ultrasounds used to monitor the
development of a fetus.
(2) Diagnostic imaging services performed on a patient
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who is being treated on an inpatient basis [or] in an
emergency [room] department or observation unit of a
hospital.
(3) Diagnostic radiographs.
(4) Diagnostic imaging services performed on a patient
with a chronic condition if the patient has previously
received notice of the chronic condition.
(5) Diagnostic imaging services test results provided to
a patient or a patient's designee at the time of the test.
[(c) Time.--Excep