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- Montana enacts 72-hour test result delay
The enactment of Montana HB 590 mandates a 72-hour delay in releasing certain test results to patients via electronic health records (EHRs).
Why it matters: This state law is not superseded by the federal information-blocking rules, allowing a delay in the immediate electronic release of test results.
- The law ensures that the rule regarding the release of test results does not apply to laboratory information systems.
The big picture: Montana's law aligns with similar CAP-amended laws in Kentucky and Tennessee, placing the onus of regulatory compliance in the delay of test results solely on those who control EHRs—not on pathologists or clinical labs. Without this distinction, labs could be at risk of violating federal information-blocking rules.
Details: The legislation was amended following advocacy by the CAP, the Montana Society of Pathologists, and the Montana Medical Association.
- It codifies the CAP's EHR definition, safeguarding lab information systems from regulatory misinterpretation for compliance purposes.