SB26-162 • 2026

Sensitive Test Results in Health Care

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

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Sen. L. Frizell, Sen. K. Mullica, Rep. E. Hamrick, Rep. A. Hartsook, Sen. J. Amabile, Sen. A. Benavidez, Sen. S. Bright, Sen. J. Coleman, Sen. T. Exum, Sen. B. Kirkmeyer, Sen. B. Pelton, Sen. J. Rich, Sen. D. Roberts, Sen. C. Simpson, Sen. M. Snyder
Last action: 2026-05-08
Official status: House Committee on Health & Human Services Postpone Indefinitely
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Sensitive Test Results in Health Care

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.

What This Bill Does

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 one exception to this requirement: Sensitive test results may be immediately released as part of the patient's electronic health record or through a patient portal immediately and without delay if the patient's health-care 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 sensitive test results to be released before the end of the three 3-business-day period .
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.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

SEN Health & Human Services

Passed [*]

Plain English: SB162_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Health & Human Services.

SB162_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Health & Human Services.
SB26-162 be amended as follows: 1 Amend printed bill, page 2, line 5, strike "exceptions -" and substitute 2 "exception -".
3 Page 4, strike lines 10 through 12.
4 Page 5, strike lines 1 through 20.

Bill History

2026-05-08 House
House Committee on Health & Human Services Postpone Indefinitely
2026-05-05 House
House Committee on Health & Human Services Witness Testimony and/or Committee Discussion Only
2026-04-29 House
Introduced In House - Assigned to Health & Human Services
2026-04-29 Senate
Senate Third Reading Passed - No Amendments
2026-04-28 Senate
Senate Second Reading Passed with Amendments - Committee
2026-04-27 Senate
Senate Second Reading Laid Over Daily - No Amendments
2026-04-24 Senate
Senate Second Reading Laid Over to 04/27/2026 - No Amendments
2026-04-22 Senate
Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole
2026-04-15 Senate
Introduced In Senate - Assigned to Health & Human Services

Official Summary Text

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

one exception
to this requirement: Sensitive test results may be
immediately
released as part of the patient's electronic health record or through a patient portal
immediately and without delay
if the patient's health-care 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 sensitive test results to be released before the end of the

three

3-business-day period
.
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

person that administers and controls
a patient's electronic health record that contains sensitive test results is responsible for implementing the requirements of the bill.
The bill states that compliance with the requirements of the bill is not information blocking under the federal '21st Century Cures Act'.
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.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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
3rd Reading Unamended
April 29, 2026
SENATE
Amended 2nd Reading
April 28, 2026
SENATE SPONSORSHIP
Frizell and Mullica, Amabile, Benavidez, Bright, Coleman, Exum, Kirkmeyer, Pelton B.,
Rich, Roberts, Simpson, Snyder
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 - exception - 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
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
162-3-
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
10
(b) T HE GENERAL ASSEMBLY , THEREFORE , DECLARES THAT11
PATIENTS SHOULD BE PROTECTED FROM THE RISK OF MISUNDERSTANDING12
SENSITIVE TEST RESULTS WITHOUT THE BENEFIT OF THE REVIEW AND13
GUIDANCE OF THE PHYSICIAN OR HEALTH-CARE PROVIDER WHO ORDERED14
THE TEST OR EXAM . THERE SHOULD BE AN EXCEPTION TO THE FEDERAL15
ACT'S REQUIREMENT THAT SENSITIVE TEST RESULTS BE RELEASED TO A16
PATIENT IMMEDIATELY AFTER THE RESULTS ARE FINALIZED REGARDLESS17
OF THE SENSITIVITY OF THE TEST RESULTS OR THE PATIENT 'S WISHES .18
INSTEAD, A PHYSICIAN OR HEALTH-CARE PROVIDER WHO ORDERS A TEST19
OR EXAM SHOULD HAVE AN OPPORTUNITY TO REVIEW SENSITIVE TEST20
RESULTS BEFORE THEY ARE RELEASED AND MADE AVAILABLE TO THE21
PATIENT AS PART OF THE PATIENT 'S ELECTRONIC HEALTH RECORD OR22
THROUGH A PATIENT PORTAL.23
(3) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT24
OTHERWISE REQUIRES:25
26
(a) "ELECTRONIC HEALTH RECORD" HAS THE SAME MEANING AS27
162-4-
"QUALIFIED EHR" AS DEFINED IN 45 CFR 170.102.1
(b) "FEDERAL ACT" MEANS THE FEDERAL "21ST CENTURY CURES2
ACT", PUB.L. 114-255, 130 STAT. 1033.3
(c) "P ATIENT PORTAL " MEANS A SECURE ONLINE SYSTEM THAT4
PROVIDES A PATIENT WITH ELECTRONIC ACCESS TO THEIR PERSONAL5
HEALTH INFORMATION AND THAT DIRECTLY LINKS TO AN ELECTRONIC6
HEALTH RECORD.7
(d) "SENSITIVE TEST RESULT" MEANS:8
(I) A PATHOLOGY REPORT OR RADIOLOGY REPORT THAT IS9
ORDERED FOR THE PURPOSE OF DIAGNOSING OR MONITORING A PATIENT10
FOR CANCER; OR11
(II) A TEST RESULT THAT MAY REVEAL A GENETIC MARKER THAT12
RELATES TO A CANCER CONDITION.13
(4) Prohibition against immediate release of sensitive test14
results - exceptions.15
(a) B EGINNING JULY 1, 2027, EXCEPT AS PERMITTED UNDER16
SUBSECTION (4)(b) OF THIS SECTION, SENSITIVE TEST RESULTS SHALL NOT17
BE RELEASED OR BE MADE AVAILABLE TO A PATIENT AS PART OF THE18
PATIENT'S ELECTRONIC HEALTH RECORD OR THROUGH A PATIENT PORTAL19
EARLIER THAN THREE BUSINESS DAYS AFTER THE SENSITIVE TEST RESULTS20
ARE FINALIZED.21
(b) S ENSITIVE TEST RESULTS MAY BE RELEASED AND BE MADE22
AVAILABLE TO A PATIENT AS PART OF THE PATIENT'S ELECTRONIC HEALTH23
RECORD OR THROUGH A PATIENT PORTAL IMMEDIATELY AND WITHOUT24
DELAY AFTER THE SENSITIVE TEST RESULTS ARE FINALIZED IF THE25
PATIENT'S PHYSICIAN OR TREATING HEALTH-CARE PROVIDER AUTHORIZES26
THE SENSITIVE TEST RESULTS TO BE RELEASED BEFORE THE END OF THE27
162-5-
THREE-BUSINESS-DAY PERIOD.1
2
(c) A PERSON THAT ADMINISTERS AND CONTROLS A PATIENT 'S3
ELECTRONIC HEALTH RECORD SHALL IMPLEMENT THIS SUBSECTION (4).4
(d) COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION IS NOT5
INFORMATION BLOCKING UNDER 42 U.S.C. SEC. 300jj-52.6
(e) A PERSON IS NOT SUBJECT TO CIVIL , CRIMINAL , OR7
ADMINISTRATIVE LIABILITY OR PROFESSIONAL DISCIPLINARY ACTION FOR8
FAILING TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION.9
SECTION 2. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly (August12
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a13
referendum petition is filed pursuant to section 1 (3) of article V of the14
state constitution against this act or an item, section, or part of this act15
within such period, then the act, item, section, or part will not take effect16
unless approved by the people at the general election to be held in17
November 2026 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
162-6-