H. B. 4673
(Mr. Speaker, Mr. Kiss, and Delegate R. M. Thompson)
[Introduced
February 27, 2004
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §48-29-303 of the code of West
Virginia, 1931, as amended, relating to the liability of
husband and wife for purchases and services; and providing
that a husband and wife are liable for reasonable and
necessary services of healthcare providers.
Be it enacted by the Legislature of West Virginia:
That §48-29-303 of the code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 29. PROPERTY, RIGHTS AND LIABILITIES OF MARRIED WOMEN;
HUSBAND AND WIFE.
§48-29-303. Liability of husband and wife for purchases and
services.
(a) A husband and wife are both liable for the reasonable and
necessary services of a physician or other healthcare provider
rendered to the husband or wife while residing together as husband and wife, or for reasonable and necessary services of a physician
or other healthcare provider rendered to their minor child while
residing in the family of its parents, and for the rental of any
tenement or premises actually occupied by the husband and wife as
a residence and reasonably necessary to them for such purpose.
(b) A husband and wife are liable when any article purchased
by either goes to:
(1) The support of the family;
(2) The joint benefit of both;
(3) The reasonable apparel of either and their minor child
residing in the family;
(4) The reasonable support of a spouse and child while
abandoned by the other spouse;
(c) A husband and wife are liable for the reasonable services
of any domestic, laborer or other person from which the family or
both husband and wife benefit.
NOTE: The purpose of this bill is to include within those
joint family liabilities of the husband and wife the services
provided by healthcare providers.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.