Read the full stored bill text
S4263
SENATE, No. 4263
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 14, 2026
Sponsored by:
Senator� VIN GOPAL
District 11 (Monmouth)
Senator� ROBERT W. SINGER
District 30 (Monmouth and Ocean)
SYNOPSIS
���� Establishes �Sensitive Life-Changing Test Results
Protection Act.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning electronic health information and
supplementing Title 45 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� This act shall be known
and may be cited as the �Sensitive Life-Changing Test Results Protection Act.�
���� 2.� The Legislature finds and
declares that:
���� a.� The federal 21st Century
Cures Act, Pub. L. No. 114-255, made sharing electronic health information the
expected norm in health care and established information blocking as practices
by health care providers, including physicians, that are likely to prevent,
materially discourage, or otherwise inhibit the access, exchange, or use of
electronic health information.� The act also permits states to establish
exceptions to the act�s provisions.
���� b.� Rules implementing the
federal 21st Century Cures Act effectively require the immediate electronic
release of all test results to patients before patients have had an opportunity
to talk with their health care provider, which can lead to patient confusion
and potential emotional and mental harm to the patient.
���� c.� Patients have a
fundamental right to access their own health information.� However, inflexible
rules do not allow for those rare, brief pauses to allow health care providers
to contact patients with bad news or respect patient preferences.� Rules related
to electronic health communication with patients should recognize the
complexities and consequences of certain test results, medical reports, and
clinical notes that benefit from health care provider review.
���� d.� In rare instances when a
radiologic test, biopsy, or other medical testing or procedures reveal
unexpected and potentially life-changing results, the ordering health care
provider must have an opportunity in a reasonable amount of time to review the
results prior to their release as part of the patient�s electronic health
record or patient portal.� This will allow the ordering health care provider
the ability to share the medical results more personally, with a medical�
context, and provide appropriate medical guidance and support, answer questions
about prognosis as well as treatment options, and provide appropriate resources
for the patient, including referrals for psychological therapeutic support as
appropriate.
���� e.� According to an American
Medical Association-led survey of 1,000 patients in 2022, 65 percent of
patients indicated that they would prefer to speak with their physician first
before getting life-changing test results. Participants were first asked if
they would prefer their health care provider to contact them about results of
lab tests or diagnostic studies before the results became available in a
patient portal and nearly 43 percent said �no.� For those who said �no,�
participants were then asked if it made a difference if the results showed a
debilitating, life-limiting, or terminal illness. More than 50 percent of
people said �yes� that they would want a physician to review and contact them
with life-changing test results before this information was posted to a patient
portal.
���� f.� Patients who wish to
receive their test results immediately and express a desire to do so should
still be able to request and receive their information without delay.
���� g.� Therefore, the Legislature
should protect patients and not needlessly put them at risk of emotional or
mental harm by creating an exception to the forced immediate disclosure
requirement under the federal 21st Century Cures Act.
���� 3.� As used in this act:
���� �Electronic health record�
means an electronic record of health-related information on an individual that
is created, gathered, managed, protected, and consulted by authorized health
care clinicians and staff.
���� �Patient portal� means a
secure online system that provides patients access to electronic personal
health information and is directly linked with an electronic health record.
���� �Sensitive, life-changing test
results� means the results of a: clinical laboratory test; imaging scan, such
as an x-ray, magnetic resonance imaging, ultrasound, or other similar
technologies; or other medical test or procedure that tests for serious mental
or physical illness that the treating health care provider in the provider�s
clinical judgement determines may indicate permanent impairment, loss of
function, or death.
���� 4.� a.� Sensitive,
life-changing test results may not be disclosed to a patient or the patient�s
representative, as part of the patient�s electronic health record or patient
portal, earlier than three business days after the date that the sensitive test
results were finalized, unless the patient�s treating health care provider
directs the release of the sensitive test results before the end of the
three-business day period or as permitted by subsection b. of this section.
���� b.� Sensitive, life-changing
test results may be disclosed to the patient immediately if the patient
requests to receive the patient�s results without delay.
���� c.� The person or entity
responsible for the administration of the patient�s electronic health record
and patient portal shall be required to implement the provisions of this
section.
���� d.� Nothing in this section
shall be construed to be an act of information blocking as defined under 42
U.S.C. s.300jj-52.
���� 5. �This act shall take effect
immediately.
STATEMENT
���� This bill establishes the �Sensitive
Life-Changing Test Results Protection Act.� This bill provides that sensitive,
life-changing test results may not be disclosed to a patient or the patient�s
representative, as part of the patient�s electronic health record or patient
portal, earlier than three business days after the date that the sensitive test
results were finalized, unless the patient�s treating health care provider
directs the release of the sensitive test results before the end of the
three-business day period or the patient requests to receive the patient�s
results without delay.� The purpose of the bill is to mitigate the risk of
emotional or mental harm that might arise from patients receiving sensitive,
life-changing test results without health care provider review by: creating an
exception to the forced immediate disclosure requirement under the federal 21st
Century Cures Act; and establishing a three-business day period in which the
health care provider may contact the patient to review the results.
���� The bill defines �sensitive,
life-changing test results� to mean the results of a: clinical laboratory test;
imaging scan, such as an x-ray, magnetic resonance imaging, ultrasound, or
other similar technologies; or other medical test or procedure that tests for
serious mental or physical illness that the treating health care provider in
the provider�s clinical judgement determines may indicate permanent impairment,
loss of function, or death.