Delayed Imaging Reports and Access Issues
Why haven't I received my radiology results yet?
Under the 21st Century Cures Act, your radiology report must be released as soon as it's finalized — withholding it is illegal information blocking. Contact the facility's HIM department, cite the Cures Act, and escalate to the HIPAA Privacy Officer if results aren't provided within a few days.
You had your CT scan a week ago, but the results are still not in your patient portal. Delays in accessing your imaging records are not just frustrating—they can postpone critical treatment decisions and cause immense anxiety. Thanks to new federal regulations, the era of waiting for your results is supposed to be over.
The 21st Century Cures Act: Your Right to Immediate Access
A major shift in patient access rights occurred in 2021 with the implementation of the 21st Century Cures Act. A key component of this law is the Information Blocking Rule, which requires healthcare providers to give patients access to their electronic health information, including radiology reports, without delay.
What Does "Without Delay" Mean?
In practice, this means that as soon as the radiologist finalizes and signs your report, the system should make it immediately available to you through your patient portal. The old practice of a provider holding onto a report for days or weeks to review it before releasing it to the patient is no longer permitted.
Information Blocking is Prohibited
The rule defines information blocking as any practice that is likely to interfere with, prevent, or materially discourage access, exchange, or use of electronic health information. Deliberately delaying the release of a finalized report is a form of information blocking.
Why Are My Records Still Delayed?
Despite the Cures Act, patients still experience delays. The reasons are often a mix of technical glitches, outdated workflows, and lack of awareness of the new rules.
System Integration Issues
The hospital's Electronic Health Record (EHR) and the radiology department's PACS may not be configured to release reports automatically.
Outdated Policies
The provider's internal policies may not have been updated to comply with the Cures Act, and they may still be following an old workflow of manual review before release.
Radiologist Delay
The delay may be because the radiologist has not yet interpreted the images and finalized the report. This is not information blocking, but it is a delay in the diagnostic process.
Your Action Plan for Delayed Records
If you are experiencing a delay, a systematic approach can help you get the information you need.
Check the Patient Portal
Your first step should always be to check your secure patient portal. The report may be there, even if you haven't received a notification.
Contact the Ordering Physician's Office
Call the office of the doctor who ordered the scan. Ask them if they have received the report. They may have it, even if it hasn't been released to you yet. (This is still a violation of the Cures Act, but your immediate goal is to get the results.)
Contact Health Information Management
If your doctor doesn't have the report, contact the HIM department of the facility where the imaging was performed. Inform them that you are requesting your results under the 21st Century Cures Act and that you expect them to be released without delay.
Escalate to the Privacy Officer
If you are still not getting results, ask to speak with the facility's HIPAA Privacy Officer. Frame the issue as a potential violation of the Information Blocking Rule. This will often get the attention of compliance personnel who understand the seriousness of the issue.
File a Complaint
If all else fails, you have two options:
- • Office of the National Coordinator (ONC): The federal agency responsible for enforcing the Information Blocking Rule
- • HHS Office for Civil Rights: For a violation of your HIPAA right of access
Escalation Timeline
| Time Since Imaging | Status | Action |
|---|---|---|
| Same Day | Normal—radiologist may not have read it yet | Check portal periodically |
| 2-3 Days | Report should be finalized | Check portal; call ordering physician |
| 1 Week | Concerning delay | Contact HIM department; cite Cures Act |
| 2+ Weeks | Potential information blocking | Escalate to Privacy Officer |
| 30+ Days | HIPAA violation | File formal complaint with HHS/ONC |