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- Kentucky Pathologists, CAP Urge Protections for Test Results Legislation
On March 10, the Kentucky Society of Pathologists (KSP) and the CAP urged the Kentucky legislature to amend House Bill 529 to remove legal non-compliance risk to pathologists and clinical laboratories under the 21st Century Cures Act and related rules. The CAP works with state pathology societies to ensure legal protections for pathologists and laboratories regarding certain diagnostic testing delays.
The legislation requires a 72-hour delay in releasing certain test results and pathology reports to provide ample time for the ordering physician to review the results and provide appropriate guidance before disclosure to the patient’s electronic health record.
However, as noted in the KSP and the CAP’s memorandum, the bill “does not clarify that the obligation to withhold the test result must be assigned to those who administer and control the patient’s electronic health record... [and] would not establish a clear legal safe harbor to protect pathologists and clinical laboratory directors against a violation of the federal 21st Century Cures Act...” The amendment will ensure test delay requirements are not placed on the laboratory information system (LIS), clinical laboratory, or pathologist.
The KSP and the CAP continue to work closely with the Kentucky Medical Association and other stakeholders to amend the bill.