New Texas Law Gives Physicians 3 Days to Communicate Sensitive Test Results to Patients

Posted by Steve Alder

Texas Governor Greg Abbott has signed a bill into law that provides physicians in the state with a 3-day window to review sensitive medical test results and communicate the findings to patients before they are notified electronically, and the test result is added to their electronic medical record.

Senate Bill 922, titled Relating to the disclosure of certain medical information by electronic means, was introduced by Sen. Kelly Hancock (R-North Richland Hills) and Rep. Caroline Fairly (R-Amarillo) in response to calls from physicians in the state to give them time to review sensitive test results and communicate that information to patients.

The bill was in response to a provision of the 21st Century Cures Act that required the immediate release of health information to patients’ information portals. Since the spring of 2021, test results have been sent to patients’ information portals immediately. While rapid access to health information has its benefits, there have been many cases where patients have received a cancer diagnosis via their smartphone rather than have the results explained by a physician in an informative and compassionate manner.

“As an oncologist, I’ve had many conversations with patients about their cancer-related tests. It is always a confusing and scary time for them, as the results can be life-changing. Oncologists are trained to convey this information in a timely, informative, and supportive manner so that patients understand not only what the test means but what options they have. This is an opportunity to offer hope and reassurance to the patient,” explained David Gerber, MD, on behalf of the Texas Medical Association in testimony provided to the House Public Health Committee.

Dr. Gerber testified about many horror stories, such as patients being alerted about a cancer diagnosis via a smartphone notification during a business dinner, while reading a bedtime story to a young child, and during the commute to work. Dr. Gerber estimated that as many as three in four patients received pathology test results before the physician who ordered the test had viewed them. “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,” Dr. Gerber said. “Giving the right information, rather than just the fastest information.”

The new law will take effect on September 1, 2025, and applies to pathology and radiology reports that have a reasonable likelihood of showing a finding of a malignancy, and any test result that may reveal a genetic marker. The new law will ensure that patients continue to receive timely medical information; however, there will be a 3-day delay from the finalization of the test results before they can be disclosed to a patient or the patient’s representative by electronic means.

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Mount Sinai Health System Settles Web Tracking Lawsuit for $5.3 Million

Posted by Steve Alder

Mount Sinai Health System, the largest hospital network in New York City, has agreed to a $5.3 million settlement to resolve allegations it violated federal and state laws by sharing the personal health information of website and patient portal users with Facebook without their knowledge or consent.

Legal action was taken against Mount Sinai Health over its use of the Facebook Pixel and Conversions Application Programming Interface (CAPI) on its website and MyChart patient portal between October 2020 and October 2023. The tool can collect information about website users and transmit that information to Facebook. Mount Sinai Health has denied any wrongdoing and specifically denies that any medical information from either its website or patient portal was shared with Facebook.

The lawsuit – Cooper, et al., v. Mount Sinai Health System, Inc. – was filed in the United States District Court for the Southern District of New York by plaintiffs Ronda Cooper, Coral Fraser, David Gitlin, and Gilbert Manda, who alleged that their personally identifiable health information was being collected and shared with Facebook without their knowledge or consent due to the implementation of CAPI, in violation of the federal Electronic Communications Privacy Act and New York Deceptive Trade Practices. The lawsuit also asserted claims of negligence, invasion of privacy, breach of implied contract, breach of fiduciary duty, unjust enrichment, breach of confidence, constructive bailment, and breach of implied covenant of good faith and fair dealing.

The lawsuit survived a motion to dismiss and proceeded to discovery. During discovery, the parties engaged in mediation, and a settlement was agreed in principle to bring the litigation to an end to avoid the cost and risk of a trial and related appeals, while giving appropriate benefits to class members. The terms of the settlement have now been finalized, and the settlement has received preliminary approval from the court.

The settlement class consists of 1,314,147 individuals, and claims will be accepted from individuals who logged into their MyChart account via the mountsinai.org website between October 27, 2020, and October 27, 20-23. Under the terms of the settlement, Mount Sinai Health has agreed to establish a $5,256,588 settlement fund to cover legal costs and expenses and claims from class members. The plaintiffs’ attorneys will receive up to 35% of the settlement fund and reimbursement of court-approved attorneys’ expenses. Settlement administration costs of up to $200,000 will also be deducted, along with service awards of $2,500 per named plaintiff. The remainder of the settlement fund will be distributed to class members on a pro rata basis.

The deadline for objecting to the settlement, opting out, and filing a claim for benefits is October 14, 2025. The final approval hearing has been scheduled for October 24, 2025.

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