VirginiaHB9732026 Regular SessionHouseWALLET

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

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

Signed by Governor

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

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Providers can share records through health networks

Virginia health care entities can share records with electronic health information exchanges or networks. Sharing must serve compliance with the federal 21st Century Cures Act and its regulations. This permission creates no new household payment or benefit.

Stronger limits on outside health record access

Virginia removes a specific permission to share records with school-board, public-college, and private nonprofit-college threat assessment teams. Other legal permissions remain available. For covered subpoenas seeking adult or minor records, requesters generally must give required notice. Return dates must be at least 15 days after issuance, unless a court or agency orders earlier return for good cause. Entities generally wait for confirmation that the challenge period ended or any challenge was resolved. Challenged records go under seal to the court or agency, which weighs good cause, privacy, and case relevance before release. These procedures exclude subpoenas under Virginia Code § 8.01-413 and authorized agency proceedings reviewing a health care entity's conduct. Substance use treatment records must also meet federal requirements in 42 C.F.R. Part 2, Subpart E.

Patients can challenge withheld health records

Virginia health care entities can withhold copies or electronic access when a listed treating professional documents a serious risk. The risk must involve danger to someone's life or physical safety, or substantial harm to a non-provider named in the record. The treating professional must be a physician, clinical psychologist, clinical social worker, or licensed professional counselor. The entity must tell you about your right to review. You can pay an equally qualified reviewer or ask the entity to pay an equally qualified reviewer uninvolved in your care. The entity must follow the reviewer's decision. This process does not make psychotherapy notes available.

Patients control written permission to share records

Written permission must identify the patient, provider, recipient, records, and purpose, and include a dated signature and the signer's authority. It must explain treatment or payment conditions, revocation rights, and the risk that shared records lose privacy protection. Permission ends at the earliest applicable written revocation received by the provider, expiration date, or expiration event. Revocation does not undo earlier disclosures or disclosures otherwise protected by federal rules. Unless you expressly limit permission, the named person can also help schedule and attend appointments. Writing 'all health records' covers all records held by the named provider.

Patients face waits for sensitive test results

Virginia health care entities requesting laboratory tests cannot block information in ways barred by federal law. But electronic patient access generally waits until 72 hours after certain results are finalized. This covers pathology and radiology reports reasonably likely to show cancer, and tests that could reveal genetic markers. Earlier release is allowed when the patient or representative requests and consents to it. It is also allowed when system limits prevent holding results without delaying other information, or providers find early release best for the patient. Entities face no civil, criminal, or administrative liability or professional discipline for failing to follow this section.

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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