HB 2103 — 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.

PRIOR PRINTER'S NO.

2982 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

43812103 THE2019 GENERALINTRODUCED ASSEMBLYBY OFJOZWIAK, PENNSYLVANIAFEE, HOUSEPETRARCA, BILLGILLEN, SessionKNOWLES, MOUL, KEEFER, SCHLOSSBERG AND RADER, DECEMBER 2, 2019 REFERRED TO COMMITTEE ON HEALTH, DECEMBER 2, 2019 AN ACT Amending the act of No.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;

2103and 2019providing INTRODUCEDfor BYduties JOZWIAK,of FEE, PETRARCA, GILLEN, KNOWLES, MOUL, READSHAW, DECEMBER 2, 2019, YOUNGBLOOD, COX, HARKINS AND AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 16, 2020 AN ACT Amending the actDepartment of OctoberHealth," 24,further 2018 (P.L.719, No.112), entitled "An act providing for notificationdefinitions, offor patient test results toand befor sentduties directlyof toDepartment aof patientHealth. 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.

FURTHER PROVIDING FOR DEFINITIONS, FOR <-- TEST RESULTS AND FOR DUTIES OF DEPARTMENT OF HEALTH.

The definitions of "diagnostic imaging service" <-- and "significant abnormality" in section 2 of the act of October 24, 2018 (P.L.719, No.112), known as the Patient Test Result Information Act, are amended to read:

You are receiving this notice as a result of a determination by your diagnostic imaging service that 20190HB2103PN4381 - 2 - further discussions of your test results are warranted and would be beneficial to you.

20190HB2103PN2982 - 2 - 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.

(5) All noninvasive evaluations for suspected or known coronary artery disease, cardiac functional capacity, 20190HB2103PN4381 - 3 - arrhythmias, valvular and other heart disease, including, but not limited to, the following exercise and pharmacologic 20190HB2103PN2982 - 3 - cardiac stress tests:

20190HB2103PN4381 - 4 - (i) mailed in a properly addressed and stamped letter through the United States Postal Service;

20190HB2103PN2982 - 4 - (ii) sent electronically by e-mail;

or (ii) the complete results of the diagnostic imaging service provided to the ordering health care 20190HB2103PN4381 - 5 - practitioner.

20190HB2103PN2982 - 5 - (a) Duties.--The Department of Health shall:

SECTION20190HB2103PN2982 1.- 6 -

THE DEFINITION OF "SIGNIFICANT ABNORMALITY" IN <-- SECTION 2 OF THE ACT OF OCTOBER 24, 2018 (P.L.719, NO.112), KNOWN AS THE PATIENT TEST RESULT INFORMATION ACT, IS AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION 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.

* * * ["SIGNIFICANT ABNORMALITY." A FINDING BY A DIAGNOSTIC 20190HB2103PN4381 - 6 - 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 2.

SECTIONS 3(A) AND (B) AND 4 OF THE ACT ARE AMENDED TO READ:

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] AN ENTITY PERFORMING [THE] A DIAGNOSTIC IMAGING SERVICE SHALL [DIRECTLY NOTIFY] PROVIDE WRITTEN NOTICE TO 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.

(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.] THE COMPLETE RESULTS OF YOUR TEST OR TESTS HAVE BEEN SENT TO THE HEALTH CARE PRACTITIONER WHO 20190HB2103PN4381 - 7 - ORDERED THE TEST OR TESTS.

IF YOU ARE NOT CONTACTED BY THE ORDERING PRACTITIONER WITHIN 14 DAYS OR YOU ARE NOT ABLE TO ACCESS YOUR TEST RESULTS ON YOUR ELECTRONIC HEALTH RECORD, IT IS RECOMMENDED THAT YOU CONTACT YOUR HEALTH CARE PRACTITIONER TO DISCUSS YOUR RESULTS.

(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] 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.