Montana § 50-16-806 - Privacy Of Electronic Health Records

§ 50-16-806. Privacy Of Electronic Health Records

(Effective July 1, 2026) Privacy of electronic health records. (1) Except as provided in subsection (2) of this section, a health care provider requesting that a medical laboratory test for a patient is performed may not engage in information blocking as that term is defined in 42 U.S.C. 300jj-52. (2) The following reports or test results and any other related results must be disclosed to a patient as part of the patient's electronic health record 72 hours after the results are finalized or when the patient's health care provider directs the release of the results, whichever occurs first: (a) pathology reports or radiology reports that have a reasonable likelihood of showing a finding of new or recurring malignancy; (b) tests that could reveal genetic markers; (c) a positive HIV diagnostic test, as that term is defined in 50-16-1003 ; or (d) the presence of antigens indicating a hepatitis infection. (3) Nothing in this section modifies or supersedes an individual's right to amend medical records provided under 45 CFR 164.526. (4) For the purposes of this section, "electronic health record" means an electronic system designed and used to integrate and aggregate electronic health care information from multiple sources, including, as applicable, a patient's medical history, diagnoses, treatment plans, immunization dates, allergies, radiology images, pharmacy records, laboratory orders and final results, and clinical and procedural notes from health care providers and the various medical and surgical specialties involved in the care of patients.