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Virginia’s EHR law: 72-hour test result delay

Virginia will now permit a brief delay in releasing sensitive test results in electronic health records (EHRs) after a bill supported by the Virginia Society for Pathology and the CAP has become law.

  • Gov. Abigail Spanberger signed HB 973 on April 6.

The impact: Virginia clinicians now have a 72-hour window for releasing certain high-stakes results in EHRs.

  • Brief delays allow clinicians to contact patients before portal release.
  • The law aligns with federal rules, with exceptions for sensitive findings.

Key provisions: While the bill aligns with prohibitions on "information blocking," it allows a 72-hour delay for:

  • Pathology and radiology reports with a reasonable likelihood of showing malignancy.
  • Tests revealing genetic markers.

Yes, but: Information will be released earlier by patient consent, when an EHR system can’t withhold results selectively, or when early release benefits the patient. 

  • Another provision also shields entities from liability for compliance.

The big picture: The new law addresses concerns that patients may see potential cancer or genetic findings online before a doctor’s explanation.

  • The law preserves quick access to most results while allowing additional coordination for sensitive reports.

Go deeper: Read the CAP's earlier coverage.

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