A new law set to take effect on September 1 will give Texas physicians time to review sensitive medical test results before sharing them with patients. The measure, Senate Bill 922, was passed by the Texas Legislature and signed by Governor Abbott. It allows doctors up to three days after tests are finalized to discuss findings such as cancer screenings or genetic markers with patients before releasing the information electronically.
Previously, federal regulations under the 21st Century Cures Act required immediate release of health data to patient portals, which led some patients to receive complex and alarming information without context. This often caused confusion and anxiety.
“When Governor Abbott signed Senate Bill 922 into law, he restored something we never thought we would need to fight for: the right for patients to receive life-changing medical results from their clinicians, and the right for physicians to deliver this information in a timely, informative, compassionate manner,” said Dallas oncologist David E. Gerber, MD. Dr. Gerber advocated for changes after seeing many patients struggle with understanding difficult news received online.
Cindy Lenert, a cancer patient from Pottsboro who has been treated by Dr. Gerber for several years, described her experience receiving unclear scan results directly through an online portal. “It’s just going to take a lot of anxiety away from the patient,” she said about the new law.
Dr. Gerber explained that since spring 2021 many patients saw their pathology reports before their physicians did due to immediate electronic delivery requirements. He testified before lawmakers on behalf of the Texas Medical Association about typical conversations with patients regarding serious diagnoses: “It is always a confusing and scary time for them, as the results can be life changing.”
He recounted instances where people learned they had cancer via smartphone notifications at inopportune moments: “I have had patients learn that they have cancer from a smartphone notification in the middle of a business dinner, while reading a bedtime story to a 3-year-old child, and during a rush-hour commute.”
While Dr. Gerber acknowledged benefits of rapid information access, he stressed that this law strikes a balance: “Although this bill places a brief pause on the electronic transfer of some test results to a patient, it allows for a physician to call a patient with the results at any time,” he said. “Giving the right information, rather than just the fastest information.”
For Ms. Lenert, waiting for her doctor’s explanation brought reassurance: “He told me it was good news,” she said about her cancer scan follow-up.
