Virginia Law

A. For the purposes of this section, "health care entity" means the same as that term is defined in § 32.1-127.1:03.

B. Notwithstanding any other provision of law, except as provided by subsections C and D, a health care entity that requests a medical laboratory test for a patient be performed shall not engage in information blocking as described in 42 U.S.C. § 300jj-52.

C. The following reports or test results shall not be disclosed to a patient as part of the patient's electronic health record or, in the case of a clinical laboratory test result or pathology report, shall not be disclosed to a patient as part of the patient's electronic health record by the health care entity that administers and controls the patient's health record until 72 hours after the results are finalized, unless such disclosure is permitted pursuant to subsection D or the health care entity directs the release of the results before the end of the 72-hour period:

1. Pathology reports that have a reasonable likelihood of showing a finding of malignancy;

2. Radiology reports that have a reasonable likelihood of showing a finding of malignancy; or

3. Tests that could reveal genetic markers.

D. The reports or test results described in subsection C may be released prior to the end of the 72-hour period if:

1. The patient or his representative request and consent to such early release;

2. The health care entity is unable to withhold the test results without delaying the release of other results or information due to limitations of the electronic health record system in use by the health care entity; or

3. The health care entity or treating health care provider determines it is in the patient's best interest to release the results early.

E. No health care entity shall be subject to civil, criminal, or administrative liability or professional disciplinary action for failure to comply with the provisions of this section.

2026, c. 248.