Kentucky Statutes 333.150 – Human specimens to be examined only on request of authorized persons — Transmission of medical laboratory results — Compliance with HIPAA — Contents of lab report
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(1) A medical laboratory shall examine human specimens only at the request of a licensed physician, podiatrist, dentist, or other person authorized by law to use the findings of medical laboratory examinations. The results of a test shall be reported to the licensed health care provider who requested it.
(2) Medical laboratory results may be transmitted to:
(a) Any health care provider who is treating the patient;
(b) An electronic health information exchange or network for the purposes of transmitting medical laboratory results to the ordering provider and to any other provider for the purposes of treatment, payment, or operations if patient consent has been obtained under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191; and
(c) An electronic health information exchange or network for the purpose of meeting the requirements of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, and its related federal regulations, and the
21st Century Cures Act, Pub. L. No. 114-255, and its related federal regulations.
(3) All transactions under subsection (2) of this section shall be in compliance with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
(4) Laboratory reports shall include the name of the director and the name and address of the medical laboratory in which the test was actually performed. All specimens accepted by a medical laboratory shall be tested on the premises except that specimens for infrequently performed tests may be forwarded for examination to another medical laboratory licensed under this chapter or to a medical laboratory located outside this state if licensed or approved by the appropriate agency of the state concerned.
Effective:April 12, 2022
History: Amended 2022 Ky. Acts ch. 93, sec. 2, effective April 12, 2022. — Amended 2010 Ky. Acts ch. 142, sec. 2, effective July 15, 2010. — Amended
1974 Ky. Acts ch. 225, sec. 17. — Created 1968 Ky. Acts ch. 180, sec. 18.
(2) Medical laboratory results may be transmitted to:
Terms Used In Kentucky Statutes 333.150
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Medical laboratory: means any institution, building, place, or any other facility in which operations and procedures for the microbiological, serological, chemical, hematological, immunohematological, biophysical, cytological, pathological, or other methods of examination of tissues including blood, secretions, and excretions of the human body are performed to obtain information in diagnosing, preventing, or treating disease, or in which the results of any examination, determination, or test are used as a basis for health advice. See Kentucky Statutes 333.020
- Person: means any individual, firm, partnership, association, corporation, municipality, political subdivision, or any other entity whether organized for profit or not. See Kentucky Statutes 333.020
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(a) Any health care provider who is treating the patient;
(b) An electronic health information exchange or network for the purposes of transmitting medical laboratory results to the ordering provider and to any other provider for the purposes of treatment, payment, or operations if patient consent has been obtained under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191; and
(c) An electronic health information exchange or network for the purpose of meeting the requirements of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, and its related federal regulations, and the
21st Century Cures Act, Pub. L. No. 114-255, and its related federal regulations.
(3) All transactions under subsection (2) of this section shall be in compliance with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
(4) Laboratory reports shall include the name of the director and the name and address of the medical laboratory in which the test was actually performed. All specimens accepted by a medical laboratory shall be tested on the premises except that specimens for infrequently performed tests may be forwarded for examination to another medical laboratory licensed under this chapter or to a medical laboratory located outside this state if licensed or approved by the appropriate agency of the state concerned.
Effective:April 12, 2022
History: Amended 2022 Ky. Acts ch. 93, sec. 2, effective April 12, 2022. — Amended 2010 Ky. Acts ch. 142, sec. 2, effective July 15, 2010. — Amended
1974 Ky. Acts ch. 225, sec. 17. — Created 1968 Ky. Acts ch. 180, sec. 18.