Notice of Your Right to COVID-19 Testing by Your Healthcare Provider

January 31, 2022 Patient Testing Notice PDF

By Order of the Santa Clara County Health Officer, your healthcare provider is REQUIRED TO PROVIDE YOU WITH COVID-19 TESTING if you meet ANY of the following criteria:

  1. You have any symptoms of COVID-19;
  2. You have been exposed to a person who has tested positive for COVID-19; or
  3. You are required or recommended to have a COVID-19 test under State or County guidelines (Healthcare Facilities are not required to provide routine surveillance testing to K-12 students, but must provide all other testing recommended or required for K-12 students).

If you fall into one of these categories, you should ask your healthcare provider for a COVID-19 test. Your healthcare provider may ask you if you fall into one of the above categories, but cannot require proof.

If you fall into one of these categories and request a test, your healthcare provider MUST provide you with a COVID-19 test (PCR or antigen) within 24 hours. This is the rule whether you request a test in-person or remotely.

Your healthcare provider may tell you to go to another clinic or testing center operated by the same healthcare provider within the county (or outside the county if within 10 miles of your home) if needed to ensure that you receive a test within 24 hours. Your healthcare provider may not, however, tell you to go to a site run by another organization, including the County’s public testing sites.

If you receive a lab-based (e.g., PCR) test, you must receive your results within 72 hours.

These legally binding requirements supersede any other messaging you receive from your healthcare provider about testing being limited.

PLEASE SUBMIT A COMPLAINT IF THESE RULES ARE VIOLATED

If your healthcare provider fails to meet the above standards, or you have other complaints or concerns about COVID-19 testing, please report them to the County Public Health Department at www.sccCOVIDconcerns.org.

 

September 16, 2020 Patient Testing Notice PDF​

By Order of the Santa Clara County Health Officer, your healthcare provider is REQUIRED TO PROVIDE YOU WITH COVID-19 TESTING if you meet ANY of the following criteria:

  1. Have any symptom(s) of COVID-19
  2. Have been exposed to a person who has tested positive for COVID-19;
  3. Have been referred by the County of Santa Clara Public Health Department to your healthcare provider for COVID-19 testing; or
  4. Are an “essential worker” as defined by California regulations (28 C.C.R. § 1300.67.01). This includes people who may be at greater risk of COVID-19 exposure, such as: healthcare workers; care providers for the elderly or disabled; people working in shelters, jails, or other settings with large residential populations; first responders; grocery and food service workers; agricultural and food supply workers; public transit workers; childcare, school, and higher education teachers and staff; and all others who are included in the regulation.

Your provider may ask you if you fall into one of the above categories, but your provider cannot require proof. Your healthcare provider cannot tell you to go to another provider (including a County-run testing site). Your provider should provide the results of your COVID-19 test within 3 calendar days.

If you are in categories (1), (2), or (3) above, your healthcare provider must provide the COVID-19 test when you show up in person, or if you ask for the test remotely (e.g., by phone or online), no later than the end of the next day.

If you are an essential worker and not in categories (1), (2), or (3) above, your healthcare provider must provide the COVID-19 test within 3 business days. Healthcare providers can ask essential workers to wait up to 14 calendar days between tests.

You may report any concerns or violations directly to your healthcare provider or to the County at www.scccovidconcerns.org. ​​​​

©2022 County of Santa Clara. All rights reserved.