HB2795 S JUD AMT

Kleeh 7824

The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub for House Bill 2795--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §56-4-72, relating to production of medical records and medical billing records in civil actions and disclosure of such records by insurance companies generally; defining medical records and medical billing records; establishing procedures for requesting or subpoenaing medical records and medical billing records to specified health care providers; directing copy of requests or subpoenas to health care providers be provided to other parties; directing that any records received shall be provided to the party who is the subject of the requests or subpoenas; providing that other lawful discovery methods not foreclosed; clarifying that nothing in this section affects discovery under the Medical Professional Liability Act; providing for confidential use and maintenance of medical records and medical billing records by receiving party, its attorneys, experts, consultants, agents and insurance carriers; providing for confidential maintenance and use of medical records and medical billing records by insurance carriers in accordance with state and federal law and rules; requiring Insurance Commissioner to review legislative rules and to amend current or enact new rules to address certain issues; authorizing Insurance Commissioner to promulgate new rules or amend existing rules; outlining areas to be addressed in legislative rules promulgated by Insurance Commissioner; and specifying that nothing in this section restricts, supersedes or enlarges rights or obligations under rule twenty-six of the West Virginia Rules of Civil Procedure nor limits a party’s right to object to production of medical records or medical billing records.