3-day delay on release of “sensitive results” to EHR portals begins September 1

As of September 1, Texas physicians will have three days to review and communicate certain critical test results to patients before making those test results available in their patient portals. This new provision stems from the passage of SB 922 in the 2025 legislative session. (1)

 SB 922 does not apply to all test results; only “sensitive”results, which are defined as “pathology report or radiology report that has a reasonable likelihood of showing a finding of malignancy; or test result that may reveal a genetic marker.” (2)

 These results “may not be disclosed to a patient or patient representative by electronic means before the third day after the date the sensitive test results are finalized.” However, the law also states that “A person is not subject to civil, criminal, or administrative liability or professional disciplinary action for failure to comply.” (2) If unsure about how to delay results, physicians and administrators should consult their IT staff and EHR vendor.

 According to the Texas Medical Association, SB 922 was passed to help prevent patients from viewing certain test results without guidance from their physician. “Information-blocking provisions stemming from the 21stCentury Cures Act have inadvertently allowed patients to view potentially life-changing test results on their own before their physicians have time to deliver the news.”  (1)

 The 21st Century Cures Act is a 2016 federal law that “requires physicians and other health care professionals to make a broad range of notes and test results available to patients without delay, including sensitive test results like those screening for cancer, genetic conditions, or other serious diagnoses.” (1)

 Texas physicians will still need to comply with the Cures Act’s provisions after the three-day pause. (1)

SB 922 amends the Texas Occupations Code to include a new section — Sec.159.0062. SENSITIVE TEST RESULTS DISCLOSED BY ELECTRONIC MEANS.

Sources

1. Pierce A. TMA’s first 2025 legislative victory protects sensitive test results. Texas Medicine. May 23, 2025. Available at https://www.texmed.org/TexasMedicineDetail.aspx?id=66152. Accessed July 23, 2025.

2. Texas Occupations Code. Chapter 2. Section 159.0062Sensitive test results disclosed by electronic means. Available at https://legiscan.com/TX/text/SB922/id/3230840. Accessed July 23, 2025.

‍