Sensitive Test Results in Health Care

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction SENATE BILL 26-162 LLS NO. 26-0722.01 Eden Rolland x2373 SENATE SPONSORSHIP Frizell and Mullica, Amabile, Benavidez, Bright, Coleman, Exum, Kirkmeyer, Pelton B., Rich, Roberts, Simpson, Snyder HOUSE SPONSORSHIP Hartsook and Hamrick, Senate Committees House Committees Health & Human Services A BILL FOR AN ACT CONCERNING RELEASING HEALTH-CARE TEST RESULTS TO PATIENTS.

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.

April 29, 2026 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 (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.) 3rd Reading Unamended Bill Summary SENATE Amended 2nd Reading April 28, 2026 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: SECTION 1. In Colorado Revised Statutes, add 12-30-126 as follows:

12-30-126. Sensitive test results protection act - prohibition against early release - exception - short title - legislative declaration - definitions.

Short title. THE SHORT TITLE OF THIS SECTION IS THE "SENSITIVE TEST RESULTS PROTECTION ACT".

(2) Legislative declaration.

(a) THE GENERAL ASSEMBLY FINDS THAT:

(I) THE FEDERAL "21ST CENTURY CURES ACT", PUB.L. 114-255, 130 STAT. 1033, ESTABLISHES STANDARDS AND REQUIREMENTS FOR PROVIDING PATIENTS WITH ACCESS TO THEIR ELECTRONIC HEALTH INFORMATION. THE FEDERAL ACT ALSO STATES THAT INFORMATION BLOCKING BY HEALTH-CARE PROVIDERS, INCLUDING PHYSICIANS, IS A PRACTICE THAT IS LIKELY TO INTERFERE WITH, PREVENT, OR MATERIALLY DISCOURAGE THE ACCESS, EXCHANGE, OR USE OF ELECTRONIC HEALTH INFORMATION.

(II) THE FEDERAL ACT ALLOWS STATES TO ESTABLISH EXCEPTIONS TO THE FEDERAL ACT'S REQUIREMENTS;

(III) REGULATIONS IMPLEMENTING THE FEDERAL ACT REQUIRE THE ELECTRONIC RELEASE OF ALL TEST RESULTS TO PATIENTS IMMEDIATELY, BEFORE PATIENTS HAVE AN OPPORTUNITY TO TALK WITH THEIR PHYSICIAN OR REQUIREMENT CAN POTENTIALLY LEAD TO PATIENT CONFUSION AND PROLONGED OR UNNECESSARY CONCERN ABOUT THE TEST RESULTS.

HEALTH-CARE PROVIDER ABOUT THE TEST RESULTS.

THIS

(IV) PATIENTS HAVE A FUNDAMENTAL RIGHT TO ACCESS THEIR OWN HEALTH INFORMATION. HOWEVER, FEDERAL REGULATIONS DO NOT CONTEMPLATE A BRIEF AND PURPOSEFUL DELAY IN THE RELEASE OF TEST RESULTS TO AFFORD A PATIENT'S PHYSICIAN OR HEALTH-CARE PROVIDER AN OPPORTUNITY TO ACCOMMODATE THE PATIENT'S PREFERENCES OR CONTACT THE PATIENT ABOUT SENSITIVE TEST RESULTS.

(V) RULES AND STANDARDS CONCERNING COMMUNICATING WITH PATIENTS SHOULD REFLECT THE COMPLEXITIES AND CONSEQUENCES OF RELEASING SENSITIVE TEST RESULTS TO PATIENTS. THIS IS ESPECIALLY THE CASE WHEN COMMUNICATING WITH A PATIENT ABOUT SENSITIVE TEST RESULTS OR WHEN A PATIENT'S UNDERSTANDING OF SENSITIVE TEST RESULTS MAY BENEFIT FROM A PHYSICIAN'S OR HEALTH-CARE PROVIDER'S REVIEW OF THE RESULTS BEFORE THE RESULTS ARE RELEASED AND MADE AVAILABLE TO THE PATIENT AS PART OF THE PATIENT'S ELECTRONIC HEALTH RECORD OR THROUGH A PATIENT PORTAL.

(VI) IF A RADIOLOGIC TEST, GENETIC MARKER TEST, OR PATHOLOGIC EXAM REPORT REVEALS RESULTS THAT ARE LIKELY TO BE DISTRESSING TO OR UNEXPECTED BY THE PATIENT, THE PHYSICIAN OR HEALTH-CARE PROVIDER WHO ORDERED THE TEST OR EXAM SHOULD HAVE AN OPPORTUNITY TO REVIEW THE RESULTS BEFORE THE RESULTS ARE RELEASED AND MADE AVAILABLE TO THE PATIENT AS PART OF THE PATIENT'S ELECTRONIC HEALTH RECORD OR THROUGH A PATIENT PORTAL.

IN THIS WAY, THE PHYSICIAN OR HEALTH-CARE PROVIDER MAY SHARE THE RESULTS MORE PERSONALLY WITH THE PATIENT, PROVIDE APPROPRIATE MEDICAL GUIDANCE AND SUPPORT, ANSWER QUESTIONS ABOUT PROGNOSIS AND TREATMENT OPTIONS, AND GATHER APPROPRIATE RESOURCES FOR THE PATIENT.

(b) THE GENERAL ASSEMBLY, THEREFORE, DECLARES THAT PATIENTS SHOULD BE PROTECTED FROM THE RISK OF MISUNDERSTANDING SENSITIVE TEST RESULTS WITHOUT THE BENEFIT OF THE REVIEW AND GUIDANCE OF THE PHYSICIAN OR HEALTH-CARE PROVIDER WHO ORDERED THE TEST OR EXAM. THERE SHOULD BE AN EXCEPTION TO THE FEDERAL ACT'S REQUIREMENT THAT SENSITIVE TEST RESULTS BE RELEASED TO A PATIENT IMMEDIATELY AFTER THE RESULTS ARE FINALIZED REGARDLESS OF THE SENSITIVITY OF THE TEST RESULTS OR THE PATIENT'S WISHES.

INSTEAD, A PHYSICIAN OR HEALTH-CARE PROVIDER WHO ORDERS A TEST OR EXAM SHOULD HAVE AN OPPORTUNITY TO REVIEW SENSITIVE TEST RESULTS BEFORE THEY ARE RELEASED AND MADE AVAILABLE TO THE PATIENT AS PART OF THE PATIENT'S ELECTRONIC HEALTH RECORD OR THROUGH A PATIENT PORTAL.

(3) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "ELECTRONIC HEALTH RECORD" HAS THE SAME MEANING AS "QUALIFIED EHR" AS DEFINED IN 45 CFR 170.102. (b) "FEDERAL ACT" MEANS THE FEDERAL "21ST CENTURY CURES ACT", PUB.L. 114-255, 130 STAT. 1033.

(c) "PATIENT PORTAL" MEANS A SECURE ONLINE SYSTEM THAT PROVIDES A PATIENT WITH ELECTRONIC ACCESS TO THEIR PERSONAL HEALTH INFORMATION AND THAT DIRECTLY LINKS TO AN ELECTRONIC HEALTH RECORD.

(d) "SENSITIVE TEST RESULT" MEANS:

(I) A PATHOLOGY REPORT OR RADIOLOGY REPORT THAT IS ORDERED FOR THE PURPOSE OF DIAGNOSING OR MONITORING A PATIENT FOR CANCER; OR

(II) A TEST RESULT THAT MAY REVEAL A GENETIC MARKER THAT RELATES TO A CANCER CONDITION.

(4) Prohibition against immediate release of sensitive test results - exceptions.

(a) BEGINNING JULY 1, 2027, EXCEPT AS PERMITTED UNDER SUBSECTION (4)(b) OF THIS SECTION, SENSITIVE TEST RESULTS SHALL NOT BE RELEASED OR BE MADE AVAILABLE TO A PATIENT AS PART OF THE PATIENT'S ELECTRONIC HEALTH RECORD OR THROUGH A PATIENT PORTAL EARLIER THAN THREE BUSINESS DAYS AFTER THE SENSITIVE TEST RESULTS ARE FINALIZED.

(b) SENSITIVE TEST RESULTS MAY BE RELEASED AND BE MADE AVAILABLE TO A PATIENT AS PART OF THE PATIENT'S ELECTRONIC HEALTH RECORD OR THROUGH A PATIENT PORTAL IMMEDIATELY AND WITHOUT DELAY AFTER THE SENSITIVE TEST RESULTS ARE FINALIZED IF THE PATIENT'S PHYSICIAN OR TREATING HEALTH-CARE PROVIDER AUTHORIZES THE SENSITIVE TEST RESULTS TO BE RELEASED BEFORE THE END OF THE THREE-BUSINESS-DAY PERIOD.

(c) A PERSON THAT ADMINISTERS AND CONTROLS A PATIENT'S ELECTRONIC HEALTH RECORD SHALL IMPLEMENT THIS SUBSECTION (4).

(d) COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION IS NOT INFORMATION BLOCKING UNDER 42 U.S.C. SEC. 300jj-52.

(e) A PERSON IS NOT SUBJECT TO CIVIL, CRIMINAL, OR ADMINISTRATIVE LIABILITY OR PROFESSIONAL DISCIPLINARY ACTION FOR FAILING TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION.

SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.