ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 90
(By Senator Hunter)
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[Originating in the Committee on the Judiciary;
reported February 10, 1999.]
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A BILL to amend and reenact section two, article twenty-nine,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to copying
medical records; and permitting indigent persons and their
authorized representatives to obtain free copies of medical
records to support their applications for social security
disability or supplemental security income benefits.
Be it enacted by the Legislature of West Virginia:
That section two, article twenty-nine, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 29. HEALTH CARE RECORDS.
§16-29-2. Reasonable expenses to be reimbursed.
(a) The provider shall be reimbursed by the person
requesting in writing a copy of
such the records at the time of delivery for all reasonable expenses incurred in complying with
this article. However,
such cost shall nor the cost may not
exceed seventy-five cents per page for the copying of any
such
record or records which have already been reduced to written form
and a search fee
may not
to exceed ten dollars.
(b) Notwithstanding the provisions of subsection (a) of this
section, a provider shall not impose a charge on an indigent
person or his or her authorized representative if the records are
necessary for the purpose of supporting a claim or appeal under
any provisions of the Social Security Act, 42 U.S.C. § 301 et
seq. A person is presumed indigent if represented by an
organization or affiliated pro bono program that provides legal
assistance to indigents. Other indigent persons shall, under
oath or affirmation, declare to the provider in writing that he
or she is financially unable to pay the full copying charges
without undue hardship and provide reasonable proof thereof.
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(NOTE: The purpose of this bill is to enable indigent
persons and their authorized representatives to obtain free
copies of medical records to support their applications for
social security disability or supplemental security income
benefits.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)
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