Berks County Medical Society Medical Record Winter 2019 - 7

Physician FAQs on the Patient Test Result Information Act
Nov. 15, 2018
by Michael D.I. Siget, JD, MPA, PAMED's Legislative & Regulatory Counsel
This article is general legal information and is not intended as legal advice. The law can change and is subject to differing
interpretations. Physicians and patients should consult their own attorneys if they need legal guidance on a specific situation.
Nothing in this article should be construed as defining a standard of care.

O

n Oct. 24, 2018, Gov. Tom Wolf signed Act 112 - known
as the Patient Test Result Information Act - into law.
This Pennsylvania law requires entities performing a
diagnostic imaging service to directly notify the patient or patient's
designee when, in the judgment of the entity performing the test, a
significant abnormality may exist.

7. Does Act 112 apply to health care facilities or just health care
practitioners?

In this Quick Consult, PAMED answers physicians' frequently asked
questions about the law.
Act 112 takes effect on Dec. 23, 2018.

The entity performing the diagnostic imaging service is required to
directly notify the patient (or patient's designee) by providing notice
that the entity has completed a review of the test performed on the
patient and the entity has sent the results to the ordering health care
practitioner.

2. Who does Act 112 apply to?

9. What triggers the requirements under Act 112?

Act 112 applies to any entity that performs a diagnostic imaging
service in which a significant abnormality may exist.

Act 112 is triggered when, in the judgment of the entity performing
a diagnostic imaging service, a significant abnormality may exist.

3. Who or what is an "entity" for purposes of Act 112?

10. As judgment is required, does this mean I don't have to send
the notice if, in my judgment, a significant abnormality may not
exist?

1. When does Act 112 take effect?

"Entity" is not a defined term under Act 112. However, as Act 112
applies to any entity performing a diagnostic imaging service in
which a significant abnormality may exist, an entity would likely
include individuals or facilities performing such a service.
4. What is a "diagnostic imaging service"?
A diagnostic imaging service is defined as "a medical imaging test
performed on a patient that is intended to diagnose the presence or
absence of a disease, including, but not limited to, a malignancy."
5. What is a "significant abnormality"?
A significant abnormality is defined as "a finding by a diagnostic
imaging service of an abnormality or anomaly which would cause a
reasonably prudent person to seek additional or follow-up medical
care within three months."
6. Does Act 112 only apply to radiologists?
No. Act 112 is not limited to radiologists. The law also applies to
other health care practitioners.

Both. Act 112 applies to "entities," which likely would include both
health care facilities and health care practitioners.
8. What is required if Act 112 is triggered?

Under the plain language of Act 112, that is likely correct. However,
the Department of Health has the authority to interpret this law
in order to ensure compliance. Practitioners and entities should
review the requirements of Act 112 and their existing professional
obligations to determine what circumstances and results may trigger
the Act 112 notice requirements.
11. If I am the ordering physician that also performs the
diagnostic imaging service, am I still required to send the notice?
Not likely. A key component to Act 112 is to ensure that patients
are kept informed of the results of their tests and that entities and
ordering health care practitioners better understand their respective
obligations. Act 112 applies to entities performing a diagnostic
imaging service for a test ordered by a health care practitioner. If
you are both the ordering physician and the entity performing the
diagnostic imaging service, it is presumed that you will follow-up
continued on next page >
WINTER 2019

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Berks County Medical Society Medical Record Winter 2019

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