VirginiaHB9732026 Regular SessionHouseWALLET

Health records; disclosure of laboratory test results, waiting period.

Sponsored By: Marcia S. "Cia" Price (Democratic)

Became Law

Summary

Health records; disclosure of laboratory test results; waiting period. Requires health care entities to wait 72 hours before disclosing test results that could indicate malignancy or genetic markers as part of a patient's health records unless the disclosure of such test results is requested by the patient, is not possible due to the health care entity's electronic health records system, or such early disclosure is in the patient's best interest. The bill permits health care entities to disclose health records to an electronic health information exchange to comply with the federal 21st Century Cures Act.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 4 benefits, 1 costs, 2 mixed.

15-day pause for medical subpoenas

A subpoena for your medical records must include a bold notice and allow 15 days to ask the court to block it. Providers must wait for written proof the 15 days passed or that any motion is decided. If a motion is filed, records go only to the court clerk, sealed, and stay sealed until the judge rules.

How to request and get records

You can ask for your medical records and get them, plus an audit trail of edits. You can have your records sent to another provider in any format they already have. Your written, dated, signed request must say what information, your authority, and your preferred format; authorizations must also state the purpose and end date, and a copy stays in your file. The provider must respond within 30 days with the records, a denial with reasons, or a notice of who has them. Electronic sharing follows federal rules, and a provider can decline a format that is not reasonably available, would change the record, or risks its integrity.

Stronger privacy for psychotherapy notes

Providers must get your written permission to share psychotherapy notes. Exceptions are narrow, such as supervised training, defending against wrongful‑conduct claims, protecting third parties, certain audits or reviews, or where law requires it.

Stronger privacy rules for health records

The law recognizes your privacy in your medical record’s content. Health care entities own the records they keep and cannot share them unless the law allows it. Records cannot be taken off‑site without the keeper’s approval, except by court order, subpoena, or change‑of‑ownership rules. Anyone who gets your records cannot share them for other reasons without your written okay, except for legally allowed disclosures and de‑identified research.

Who these privacy rules do not cover

These privacy rules do not cover certain records. Examples include workers’ compensation records, most minors’ records unless a statute says otherwise, juvenile records given to secure or shelter facilities, and records sent to state or local correctional facilities under specific laws.

Lab results access and 72-hour wait

When a provider orders a lab test, they cannot block sharing test information under federal information‑blocking rules. Some results—pathology or radiology likely to show cancer, and tests that could reveal genetic markers—are not shown in your electronic record until 72 hours after they are final. Earlier release is allowed if you or your representative asks and consents, if holding them back would delay other results due to system limits, or if your provider decides early release is best for you. Health care entities are not liable or subject to discipline for failing to follow this section’s lab‑result disclosure rules.

Safety check before releasing mental records

A treating mental‑health professional can block your access if they state in writing it would likely endanger life or cause substantial harm to a person named in the record. You can choose another equally qualified reviewer at your expense or ask the entity to choose one at its expense. The entity must follow the reviewer’s judgment and let the reviewer see or copy the records with a custodian statement.

Sponsors & Cosponsors

Sponsor

  • Marcia S. "Cia" Price

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 215 • No: 2

Senate vote 3/2/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 2/27/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote 2/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/26/2026

Reported from Education and Health

Yes: 15 • No: 0

House vote 2/17/2026

Read third time and passed House

Yes: 94 • No: 2

House vote 2/12/2026

Reported from Health and Human Services

Yes: 21 • No: 0

House vote 2/10/2026

Subcommittee recommends reporting

Yes: 8 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0248)

    4/6/2026Governor
  2. Approved by Governor-Chapter 248 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB973)

    3/9/2026House
  6. Bill text as passed House and Senate (HB973ER)

    3/9/2026House
  7. Enrolled

    3/9/2026House
  8. Signed by President

    3/9/2026Senate
  9. Signed by Speaker

    3/9/2026House
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/2/2026Senate
  11. Read third time

    3/2/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/27/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    2/27/2026Senate
  14. Rules suspended

    2/27/2026Senate
  15. Reported from Education and Health (15-Y 0-N)

    2/26/2026Senate
  16. Assigned Education sub: Health

    2/24/2026Senate
  17. Referred to Committee on Education and Health

    2/18/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  19. Read third time and passed House (94-Y 2-N 0-A)

    2/17/2026House
  20. Read second time and engrossed

    2/16/2026House
  21. Moved from Uncontested Calendar to Regular Calendar

    2/16/2026House
  22. Read first time

    2/15/2026House
  23. Reported from Health and Human Services (21-Y 0-N)

    2/12/2026House
  24. Subcommittee recommends reporting (8-Y 0-N)

    2/10/2026House
  25. Assigned sub: Health

    1/23/2026House

Bill Text

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