SB487 HJUD AM 3-4
The Committee on the Judiciary moved to amend the Bill on page one, immediately following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
ARTICLE 7B. MEDICAL PROFESSIONAL LIABILITY.
§55-7B-7a. Admissibility and use of certain information.
(a) In an action brought, there is a rebuttable presumption that the following information may not be introduced unless it applies specifically to the injured person or it involves substantially similar conduct that occurred within one year of the particular incident involved:
(1) A state or federal survey, audit, review, or other report of a health care provider or health care facility;
(2) Disciplinary actions against a health care provider’s license, registration, or certification;
(3) An accreditation report of a health care provider or health care facility; and
(4) An assessment of a civil or criminal penalty.
(b) In any action brought alleging
inappropriate staffing or inadequate supervision, if the health care
facility or health care provider demonstrates compliance with the minimum
staffing requirements under state and federal law, the health care
facility or health care provider is entitled to a rebuttable conclusive
presumption that appropriate staffing was provided, and a rebuttable
presumption that adequate supervision of patients to prevent accidents was
provided, and the jury shall be instructed accordingly.
(c) If staffing is less
than the requirements dictated by state and federal law the applicable
regulations, then there is a rebuttable presumption that there was
inadequate supervision of patients and that inadequate staffing or inadequate
supervision was a contributing cause of the patient’s fall and injuries or
death arising therefrom, and the jury shall be instructed accordingly.
(d) Information under this section may only be introduced in a proceeding if it is otherwise admissible under the West Virginia Rules of Evidence.