WEST virginia legislature

2018 regular session

Introduced

House Bill 4583

By Delegates Shott and Hanshaw

[Introduced February 13, 2018; Referred
to the Committee on the Judiciary.]

A BILL to amend and reenact §27-3-1 of the Code of West Virginia, 1931, as amended, relating generally to the disclosure of certain confidential information; eliminating a disclosure exception for treatment or internal review purposes; eliminating a provision regarding disclosure from 30 days from the date of admission to a mental health facility if certain conditions are met; adopting provisions of federal law which pertain to disclosure of protected health information; providing for disclosure upon execution of a duly executed release in compliance with the Health Insurance Portability and Accountability Act of 1996;  providing for disclosure in a proceeding instituted by the filing of a petition by certain persons for access to persons in a guardianship; and providing for disclosure of certain information by a guardian to relatives who have been granted access to a protected person.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. CONFIDENTIALITY.

§27-3-1. Definition of confidential information; disclosure.

(a) Communications and information obtained in the course of treatment or evaluation of any client or patient is confidential information. Such confidential information includes the fact that a person is or has been a client or patient, information transmitted by a patient or client or family thereof for purposes relating to diagnosis or treatment, information transmitted by persons participating in the accomplishment of the objectives of diagnosis or treatment, all diagnoses or opinions formed regarding a client’s or patient’s physical, mental or emotional condition, any advice, instructions or prescriptions issued in the course of diagnosis or treatment, and any record or characterization of the matters hereinbefore described. It does not include information which does not identify a client or patient, information from which a person acquainted with a client or patient would not recognize such client or patient and uncoded information from which there is no possible means to identify a client or patient.

(b) Confidential information may not be disclosed, except:

(1) In a proceeding under §27-5-4 of this code to disclose the results of an involuntary examination made pursuant to §27-5-2, §27-5-3, or §27-5-4 of this code;

(2) In a proceeding under §27-6A-1 et seq. of this code to disclose the results of an involuntary examination made pursuant thereto;

(3) Pursuant to an order of any court based upon a finding that the information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;

(4) To provide notice to the federal National Instant Criminal Background Check System, established pursuant to section 103(d) of the Brady Handgun Violence Prevention Act, 18 U. S. C. § 922, in accordance with §61-7A-1 et seq. of this code;

(5) To protect against a clear and substantial danger of imminent injury by a patient or client to himself, herself or another;

(6) Pursuant to and as provided for under the federal privacy rule of the Health Insurance Portability and Accountability Act of 1996 in 45 CFR §164.506;

(7) Pursuant to and as provided for under the federal privacy rule of the Health Insurance Portability and Accountability Act of 1996 in 45 CFR §164.512:  Provided, That disclosures made pursuant to 45 CFR §164.512(e) comply with subdivision (3) of this subsection.

(8) Upon execution of a duly executed release in compliance with the Health Insurance Portability and Accountability Act of 1996.

(9) In a proceeding held under §44A-3-17 of this code, or as required by §44A-3-18 of this code.

NOTE: The purpose of this bill is to harmonize a potential code conflict regarding the disclosure of confidential information.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

This section has been rewritten; therefore it has been completely underscored.