Act 112 of 2018 – Outpatient Imaging Service Patient Notification Requirement
Pennsylvania Orthopaedic Society members who own or operate outpatient diagnostic imaging services will now have a patient notification obligation pursuant to Act 112 of 2018. Introduced by former State Representative Marguerite Quinn, HB 1884 became law when Governor Tom Wolf signed the bill on October 24, 2018. The statute becomes effective on December 24, 2018.
Act 112 applies to outpatient diagnostic imaging services and requires that the imaging service entity directly notify a patient or patient’s designee that imaging results have been sent to the patient’s health care practitioner. This patient notification duty arises when, in the judgement of the imaging entity, a significant abnormality may exist. In addition to the required notification, an outpatient diagnostic imaging service has the option to deliver a summary of findings or full report to the patient or patient’s designee. This statute does not apply to routine obstetric ultrasounds; tests performed on a patient who is being treated on an inpatient basis; or diagnostic radiographs.
The imaging service must provide notice to the patient or the patient's designee no later than 20 days after the date the results were sent to the ordering health care practitioner. The notice must include:
1) Name of the ordering health care practitioner;
2) Date the test was performed;
3) Date the results were sent to the ordering health care practitioner;
4) The following statements:
a. 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.
b. 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.
c. 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.
The notice should be in a form deemed appropriate by the patient or patient’s designee. Notice under Act 112 is satisfied if provided by US mail, electronically (either through email or an automatic alert from an electronic medical record system), or by fax. Notice may also be provided directly to the patient at the time of service as long as the patient acknowledges receipt of the notice and signs the patient's medical record accordingly. If the notice is provided to the patient at the time of service, no other methods of transmittal are required by the imaging service entity.
The Department of Health (DOH) is required to conduct compliance reviews as part of the inspection performed by DOH or an accrediting organization; establish a complaint procedure; and investigate complaints relating to the statute.To read Act 112, please go to: https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2018&sessInd=0&act=112
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