Sensitive Test Results in Health Care

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0722.01 Eden Rolland x2373 SENATE BILL 26-162
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING RELEASING HEALTH-CARE TEST RESULTS TO PATIENTS.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Beginning July 1, 2027, the bill prohibits the immediate release of
a patient's sensitive test results to the patient's electronic health record or
through a patient portal. Instead, the bill requires that sensitive test
results, once they are finalized, not be released as part of the patient's
electronic health record or through a patient portal for 3 business days.
The bill establishes 2 exceptions to this requirement: Sensitive test
results may be immediately released as part of the patient's electronic
health record or through a patient portal if the patient's health-care
SENATE SPONSORSHIP
Frizell and Mullica,
HOUSE SPONSORSHIP
Hartsook and Hamrick,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
provider authorizes immediate release of the results or if the patient
requests to receive the sensitive test results of a particular test without
delay.
The bill defines "sensitive test results" as:
!A pathology or radiology report that is ordered for the
purpose of diagnosing or monitoring a patient for cancer;
or
! Test results that may reveal a genetic marker that relates to
a cancer condition.
The bill specifies that a custodian of a patient's electronic health
record that contains sensitive test results is responsible for implementing
the requirements of the bill. A person that fails to comply with the
requirements of the bill is not subject to civil, criminal, or administrative
liability or professional disciplinary action.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 12-30-126 as2
follows:3
12-30-126. Sensitive test results protection act - prohibition4
against early release - exceptions - short title - legislative declaration5
- definitions.6
(1) Short title. T HE SHORT TITLE OF THIS SECTION IS THE7
"SENSITIVE TEST RESULTS PROTECTION ACT".8
(2) Legislative declaration.9
(a) THE GENERAL ASSEMBLY FINDS THAT:10
(I) THE FEDERAL "21ST CENTURY CURES ACT", PUB.L. 114-255,11
130 STAT. 1033, ESTABLISHES STANDARDS AND REQUIREMENTS FOR12
PROVIDING PATIENTS WITH ACCESS TO THEIR ELECTRONIC HEALTH13
INFORMATION. THE FEDERAL ACT ALSO STATES THAT INFORMATION14
BLOCKING BY HEALTH -CARE PROVIDERS , INCLUDING PHYSICIANS , IS A15
PRACTICE THAT IS LIKELY TO INTERFERE WITH, PREVENT, OR MATERIALLY16
DISCOURAGE THE ACCESS , EXCHANGE , OR USE OF ELECTRONIC HEALTH17
SB26-162-2-
INFORMATION.1
(II) THE FEDERAL ACT ALLOWS STATES TO ESTABLISH EXCEPTIONS2
TO THE FEDERAL ACT'S REQUIREMENTS;3
(III) REGULATIONS IMPLEMENTING THE FEDERAL ACT REQUIRE THE4
ELECTRONIC RELEASE OF ALL TEST RESULTS TO PATIENTS IMMEDIATELY,5
BEFORE PATIENTS HAVE AN OPPORTUNITY TO TALK WITH THEIR PHYSICIAN6
OR HEALTH -CARE PROVIDER ABOUT THE TEST RESULTS . THIS7
REQUIREMENT CAN POTENTIALLY LEAD TO PATIENT CONFUSION AND8
PROLONGED OR UNNECESSARY CONCERN ABOUT THE TEST RESULTS.9
(IV) P ATIENTS HAVE A FUNDAMENTAL RIGHT TO ACCESS THEIR10
OWN HEALTH INFORMATION. HOWEVER, FEDERAL REGULATIONS DO NOT11
CONTEMPLATE A BRIEF AND PURPOSEFUL DELAY IN THE RELEASE OF TEST12
RESULTS TO AFFORD A PATIENT'S PHYSICIAN OR HEALTH-CARE PROVIDER13
AN OPPORTUNITY TO ACCOMMODATE THE PATIENT 'S PREFERENCES OR14
CONTACT THE PATIENT ABOUT SENSITIVE TEST RESULTS.15
(V) RULES AND STANDARDS CONCERNING COMMUNICATING WITH16
PATIENTS SHOULD REFLECT THE COMPLEXITIES AND CONSEQUENCES OF17
RELEASING SENSITIVE TEST RESULTS TO PATIENTS. THIS IS ESPECIALLY THE18
CASE WHEN COMMUNICATING WITH A PATIENT ABOUT SENSITIVE TEST19
RESULTS OR WHEN A PATIENT 'S UNDERSTANDING OF SENSITIVE TEST20
RESULTS MAY BENEFIT FROM A PHYSICIAN'S OR HEALTH-CARE PROVIDER'S21
REVIEW OF THE RESULTS BEFORE THE RESULTS ARE RELEASED AND MADE22
AVAILABLE TO THE PATIENT AS PART OF THE PATIENT 'S ELECTRONIC23
HEALTH RECORD OR THROUGH A PATIENT PORTAL.24
(VI) I F A RADIOLOGIC TEST , GENETIC MARKER TEST , OR25
PATHOLOGIC EXAM REPORT REVEALS RESULTS THAT ARE LIKELY TO BE26
DISTRESSING TO OR UNEXPECTED BY THE PATIENT , THE PHYSICIAN OR27
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HEALTH-CARE PROVIDER WHO ORDERED THE TEST OR EXAM SHOULD HAVE1
AN OPPORTUNITY TO REVIEW THE RESULTS BEFORE THE RESULTS ARE2
RELEASED AND MADE AVAILABLE TO THE PATIENT AS PART OF THE3
PATIENT'S ELECTRONIC HEALTH RECORD OR THROUGH A PATIENT PORTAL.4
IN THIS WAY, THE PHYSICIAN OR HEALTH-CARE PROVIDER MAY SHARE THE5
RESULTS MORE PERSONALLY WITH THE PATIENT , PROVIDE APPROPRIATE6
MEDICAL GUIDANCE AND SUPPORT, ANSWER QUESTIONS ABOUT PROGNOSIS7
AND TREATMENT OPTIONS , AND GATHER APPROPRIATE RESOURCES FOR8
THE PATIENT.9
(VII) A PATIENT WHO WISHES TO RECEIVE THEIR SENSITIVE TEST10
RESULTS IMMEDIATELY SHOULD STILL BE ABLE TO REQUEST TO RECEIVE11
TEST RESULTS WITHOUT DELAY.12
(b) T HE GENERAL ASSEMBLY , THEREFORE , DECLARES THAT13
PATIENTS SHOULD BE PROTECTED FROM THE RISK OF MISUNDERSTANDING14
SENSITIVE TEST RESULTS WITHOUT THE BENEFIT OF THE REVIEW AND15
GUIDANCE OF THE PHYSICIAN OR HEALTH-CARE PROVIDER WHO ORDERED16
THE TEST OR EXAM . THERE SHOULD BE AN EXCEPTION TO THE FEDERAL17
ACT'S REQUIREMENT THAT SENSITIVE TEST RESULTS BE RELEASED TO A18
PATIENT IMMEDIATELY AFTER THE RESULTS ARE FINALIZED REGARDLESS19
OF THE SENSITIVITY OF THE TEST RESULTS OR THE PATIENT 'S WISHES .20
INSTEAD, A PHYSICIAN OR HEALTH-CARE PROVIDER WHO ORDERS A TEST21
OR EXAM SHOULD HAVE AN OPPORTUNITY TO REVIEW SENSITIVE TEST22
RESULTS BEFORE THEY ARE RELEASED AND MADE AVAILABLE TO THE23
PATIENT AS PART OF THE PATIENT 'S ELECTRONIC HEALTH RECORD OR24
THROUGH A PATIENT PORTAL.25
(3) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT26
OTHERWISE REQUIRES:27
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(a) (I) "CUSTODIAN" MEANS A HEALTH-CARE FACILITY, ENTITY, OR1
INDIVIDUAL HEALTH-CARE PROVIDER THAT HAS CUSTODY OF A PATIENT'S2
ELECTRONIC HEALTH RECORD , WHICH ELECTRONIC HEALTH RECORD3
CONTAINS SENSITIVE TEST RESULTS, AND THAT IS:4
(A) A HEALTH-CARE FACILITY OR ENTITY FROM WHICH AN ORDER5
FOR SENSITIVE TEST RESULTS ORIGINATES; OR6
(B) A N INDIVIDUAL HEALTH -CARE PROVIDER WHO ORDERS7
SENSITIVE TEST RESULTS.8
(II) "CUSTODIAN" INCLUDES:9
(A) A HEALTH-CARE FACILITY LICENSED OR CERTIFIED PURSUANT10
TO SECTION 25-1.5-103 (1)(a)(I)(A);11
(B) A HEALTH-CARE FACILITY LICENSED OR CERTIFIED PURSUANT12
TO ARTICLE 3 OF TITLE 25;13
(C) A NY ENTITY REGULATED UNDER TITLE 10 THAT PROVIDES14
HEALTH-CARE SERVICES , AS DEFINED IN SECTION 10-16-102 (33),15
DIRECTLY OR INDIRECTLY THROUGH A MANAGED CARE PLAN, AS DEFINED16
IN SECTION 10-16-102 (43); OR17
(D) AN INDIVIDUAL HEALTH-CARE PROVIDER WHO IS SUBJECT TO18
LICENSURE UNDER THIS TITLE 12 AND WHO IS AUTHORIZED TO ORDER19
SENSITIVE TEST RESULTS.20
(b) "ELECTRONIC HEALTH RECORD" HAS THE SAME MEANING AS21
"QUALIFIED EHR" AS DEFINED IN 45 CFR 170.102.22
(c) "FEDERAL ACT" MEANS THE FEDERAL "21ST CENTURY CURES23
ACT", PUB.L. 114-255, 130 STAT. 1033.24
(d) "P ATIENT PORTAL" MEANS A SECURE ONLINE SYSTEM THAT25
PROVIDES A PATIENT WITH ELECTRONIC ACCESS TO THEIR PERSONAL26
HEALTH INFORMATION AND THAT DIRECTLY LINKS TO AN ELECTRONIC27
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HEALTH RECORD.1
(e) "SENSITIVE TEST RESULT" MEANS:2
(I) A PATHOLOGY REPORT OR RADIOLOGY REPORT THAT IS3
ORDERED FOR THE PURPOSE OF DIAGNOSING OR MONITORING A PATIENT4
FOR CANCER; OR5
(II) A TEST RESULT THAT MAY REVEAL A GENETIC MARKER THAT6
RELATES TO A CANCER CONDITION.7
(4) Prohibition against immediate release of sensitive test8
results - exceptions.9
(a) B EGINNING JULY 1, 2027, EXCEPT AS PERMITTED UNDER10
SUBSECTION (4)(b) OF THIS SECTION, SENSITIVE TEST RESULTS SHALL NOT11
BE RELEASED OR BE MADE AVAILABLE TO A PATIENT AS PART OF THE12
PATIENT'S ELECTRONIC HEALTH RECORD OR THROUGH A PATIENT PORTAL13
EARLIER THAN THREE BUSINESS DAYS AFTER THE SENSITIVE TEST RESULTS14
ARE FINALIZED.15
(b) S ENSITIVE TEST RESULTS MAY BE RELEASED AND BE MADE16
AVAILABLE TO A PATIENT AS PART OF THE PATIENT'S ELECTRONIC HEALTH17
RECORD OR THROUGH A PATIENT PORTAL IMMEDIATELY AND WITHOUT18
DELAY AFTER THE SENSITIVE TEST RESULTS ARE FINALIZED IF:19
(I) T HE PATIENT 'S PHYSICIAN OR TREATING HEALTH -CARE20
PROVIDER AUTHORIZES THE SENSITIVE TEST RESULTS TO BE RELEASED21
BEFORE THE END OF THE THREE-BUSINESS-DAY PERIOD; OR22
(II) T HE PATIENT REQUESTS TO RECEIVE THE SENSITIVE TEST23
RESULTS OF A PARTICULAR TEST OR EXAM WITHOUT DELAY , WHICH24
REQUEST:25
(A) A PPLIES ONLY TO THE RESULTS OF THE SPECIFIED TEST OR26
EXAM AND DOES NOT APPLY TO THE RESULTS OF A DIFFERENT TEST OR27
SB26-162-6-
EXAM; AND1
(B) MUST BE MADE TO THE PHYSICIAN OR TREATING HEALTH-CARE2
PROVIDER WHO ORDERED THE SENSITIVE TEST RESULTS OR BE MADE3
ELECTRONICALLY BY MEANS OF THE PATIENT 'S ELECTRONIC HEALTH4
RECORD OR THROUGH THE PATIENT PORTAL.5
(c) THE CUSTODIAN OR CUSTODIANS OF A PATIENT'S ELECTRONIC6
HEALTH RECORD SHALL IMPLEMENT THIS SUBSECTION (4).7
(d) COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION IS NOT8
INFORMATION BLOCKING UNDER 42 U.S.C. SEC. 300jj-52.9
(e) A PERSON IS NOT SUBJECT TO CIVIL , CRIMINAL , OR10
ADMINISTRATIVE LIABILITY OR PROFESSIONAL DISCIPLINARY ACTION FOR11
FAILING TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION.12
SECTION 2. Act subject to petition - effective date. This act13
takes effect at 12:01 a.m. on the day following the expiration of the14
ninety-day period after final adjournment of the general assembly (August15
12, 2026, if adjournment sine die is on May 13, 2026); ex cept that, if a16
referendum petition is filed pursuant to section 1 (3) of article V of the17
state constitution against this act or an item, section, or part of this act18
within such period, then the act, item, section, or part will not take effect19
unless approved by the people at the general election to be held in20
November 2026 a nd, in such cas e, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
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