Berks County Medical Society Medical Record Winter 2019 - 9

practitioners and entities discuss this issue with their administrators
and/or appropriate legal counsel.
23. After we send the notice, are we required to follow-up with
the patient?
Act 112 only requires the notice to be sent. However, existing
laws, regulations, and professional obligations would still apply,
so practitioners should continue to follow those requirements and
any policies in effect regarding following-up with patients or the
ordering health care practitioner.

Addendum to
"PAMED Advocacy Leads
to Delay of Patient Test Results
Act Sanctions"

24. Who is charged with implementing Act 112?
The Department of Health will oversee implementation of Act 112.

PAMED has received inquiries regarding

25. What is the Department of Health's role regarding Act 112?

whether physicians and facilities have to follow the

The Department of Health must conduct compliance reviews as
part of its inspection or an inspection performed by an accrediting
organization. The Department of Health must investigate complaints
filed pursuant to a complaint procedure which it must make
available on its website.

requirements in Act 112 since DOH has announced
plans to delay issuing sanctions under that law.
Affected parties are still required to comply

26. What are the penalties for failing to comply with Act 112?

with Act 112, regardless of DOH's announcement.

At the time of this writing, it is unclear, as Act 112 does not specify
penalties or what specific entities to whom the penalties will apply.
However, as the Department of Health is charged with investigating
complaints, it will have to determine penalties. It is also unclear at
this time what role the state licensing boards will have under Act 112
for practitioners that violate Act 112's provisions.

DOH cannot stop a law from taking effect; it can

27. Is there anything else we need to know about Act 112?

practitioners, and facilities from complying with

Yes. Nothing in Act 112 shall be construed as relieving a health care
practitioner from complying with an existing professional obligation
to inform a patient of test results.

the requirements in Act 112 or any other law or

28. What should we do to prepare for Act 112?

only decide on what sanctions, if any, to apply for
violations.
DOH's decision does not relieve physicians, other

regulation, nor does it prevent outside entities, such
as private attorneys, from initiating a malpractice

While PAMED is reaching out to the Department of Health for
clarification on many aspects of this law, it is incumbent on facilities
and practitioners to prepare for the Dec. 23, 2018 effective date
of Act 112. We do not know what information we will receive
from the Department of Health nor when that information will be
conveyed. Therefore, it is highly recommended that all facilities and
practitioners speak to their administrators and/or appropriate legal
counsel to develop policies and procedures to implement Act 112.

case or other lawsuit for failing to comply with Act

29. Where can I obtain a copy of Act 112?

counsel and develop policies and procedures to

A copy can be accessed here. https://tinyurl.com/ycfl59bz.
Printer's No. 4107 is the enacted version of Act 112.

implement Act 112 by the Dec. 23, 2018 effective

30. Where can I obtain additional information regarding
Act 112?
PAMED has articles regarding Act 112 that can be accessed:
https://tinyurl.com/y6vjn6by
https://tinyurl.com/yd3s4qpu
31. I want to contact the Department of Health myself. How can
I do that?

112. It also does not prevent other state agencies,
such as the state medical boards, from requiring
compliance or issuing applicable sanctions.
Therefore, facilities and practitioners should speak
to their administrators and/or appropriate legal

date.
www.pamedsoc.org/advocate/topics/articles/
patient-test-result-law-letter-to-DOH
Accessed 12/31/2018

You can contact the Department of Health at 1-877-PA-HEALTH
or through its website here: https://tinyurl.com/yavwxvh8

WINTER 2019

|

9


https://www.tinyurl.com/ycfl59bz http://www.pamedsoc.org/advocate/topics/articles/patient-test-result-law-letter-to-DOH https://www.tinyurl.com/y6vjn6by https://www.tinyurl.com/yd3s4qpu https://www.tinyurl.com/yavwxvh8

Berks County Medical Society Medical Record Winter 2019

Table of Contents for the Digital Edition of Berks County Medical Society Medical Record Winter 2019

Berks County Medical Society Medical Record Winter 2019 - 1
Berks County Medical Society Medical Record Winter 2019 - 2
Berks County Medical Society Medical Record Winter 2019 - 3
Berks County Medical Society Medical Record Winter 2019 - 4
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