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Cures Act Information

The new deadline to comply with rules in the 21st Century Cures Act (Cures Act) is April 5, 2021. However, because penalties for clinicians will not go into effect until further rulemaking, pathologists and their institutions have time to implement protocols. To guide your compliance, we have centralized related resources from across the CAP.

The Cures Act Explained

The Cures Act aims to ensure that patients have timely access to their health information. The Cures Act rule requires all physicians to make their office notes, laboratory results, and other diagnostic reports available to patients as soon as the physician’s office receives an electronic copy. Decisions about delaying release of data is a decision of the ordering clinician in the context of their relationship with the patient. The rules have exceptions on a case-by-case basis for protecting patient privacy and security, but specifically does not allow for blanket exceptions. Read Our Fact Sheet  Arrow Right

The Cures Act is Different Than the CARES Act

Cures Act requirements are about patients accessing their healthcare information. The CARES Act includes reporting COVID-19 test results to the appropriate health department.

Impact on Pathologists

The implications for pathologists are test that results should be shared as soon as they are finalized—with the ordering clinician and/or through a patient portal for direct patient testing. Current reporting from laboratory information systems (LIS) to the ordering systems with reasonable turnaround time should satisfy the requirements without a need to change or add data elements.

Top Takeaways for Pathologists

  1. Most pathologists do not have to change the way they report. Continue to report finalized reports from the LIS to ordering systems—with reasonable turnaround time. No need to change or add data elements for this rule.
  2. Pathologists should not delay the release of laboratory and pathology results until the ordering clinician’s review. Decisions about delaying release of data is generally a decision of the ordering clinician in the context of their relationship with the patient. There are no blanket exceptions; only case-by-case exceptions for privacy, security reasons.
  3. The rules do not specify that pathologists must take phone calls from patients. It is the pathologists’ professional discretion on handling patient calls; for the most part, these calls cannot be billed within current payment policy.
  4. The new deadline to comply with the rules is now April 5, 2021, but penalties for clinicians will not go into effect until there is further rulemaking. Lack of penalties gives organizations time to implement workable protocols.

Resources

To guide your success managing Cures Act requirements, rely on these curated, centralized resources from across the CAP.