AMGA Urges Reforms to “Immediate Resulting” Requirements

Current Rules Ignore Potential for Emotional Harm 

Alexandria, VA - AMGA called for changes to federal "immediate resulting" requirements that are causing patient harm through the automatic release of sensitive test results before physicians can provide context and support.
 
As part of the implementation of the 21st Century Cure Act, federal regulations, with limited exceptions, mandate test results and other electronic health information be made available to patients immediately, without delay. While well intentioned, AMGA members have reported troubling cases of patients receiving life-altering information, such as cancer diagnoses, miscarriages, and positive infectious disease tests, through automated portal notifications without physician support or context. 

In response to Sec. Robert F. Kennedy Jr.’s recent emphasis on enforcement action against healthcare entities that engage in information blocking, AMGA recommends Assistant Secretary for Technology Policy (ASTP) revisit its rules to expand the definition of patient harm to account for mental or emotional harm and to allow for a short delay in the release of test results or findings. 

“’First, ‘do no harm’ is a guiding principle in medicine, and these rules are failing patients,” said AMGA President and CEO Jerry Penso, MD, MBA. “We can balance the rights of patients to have quick access to their medical information without causing needless distress or confusion—and that’s what’s happening now.”

AMGA members report instances of patients misinterpreting results, such as leaving emergency departments prematurely after seeing a single normal result or receiving pathology reports late on Friday evenings with no provider access until the following week to clarify results.

AMGA is recommending ASTP expand the definition of patient harm under current regulations to include mental and emotional harm, not just physical harm. AMGA is calling for four specific actions:

1. Formal rulemaking to revise regulations and expand the Preventing Harm Exception to account for mental or emotional harm related to sensitive results
2. Sub-regulatory guidance clarifying the agency's interpretation of the Preventing Harm Exception for such cases
3. A safe harbor provision allowing clinicians to delay release of sensitive results for up to 72 hours to ensure proper review and compassionate communication
4. Collaboration with electronic health record (EHR) developers to incorporate innovative solutions supporting patient understanding, including plain-language explanations and automated follow-up scheduling.

The letter is available on the AMGA website. 

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About AMGA

AMGA is a trade association leading the transformation of healthcare in America. Representing multispecialty medical groups and integrated systems of care, we advocate, educate, innovate, and empower our members to deliver the next level of high performance health. AMGA is the national voice promoting awareness of our members’ recognized excellence in the delivery of coordinated, high-quality, high-value care. More than 175,000 physicians practice in our member organizations, delivering care to one in three Americans.