ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 90
(Senator Hunter, original sponsor)
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[Passed March 11, 1999; in effect ninety days from passage.]
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AN ACT 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; permitting indigent persons and their
authorized representatives to obtain free copies of medical
records to support claims or appeals for social security
benefits; defining terms; and establishing limitations.
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 the records at the time of
delivery for all reasonable expenses incurred in complying with this article
: Provided, That, 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 medical
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.
(c) For purposes of this section, a person is considered
indigent if he or she:
(1) Is represented by an organization or affiliated pro bono
program that provides legal assistance to indigents; or
(2) Verifies on a medical records request and release form
that the records are requested for purposes of supporting a
social security claim or appeal and submits with the release form
reasonable proof that the person is financially unable to pay
full copying charges by reason of unemployment, disability,
income below the federal poverty level, or receipt of state or federal income assistance.
(d) Any person requesting free copies of written medical
records pursuant to the provisions of subsection (b) of this
section is limited to one set of copies per provider. Any
additional requests for the same records from the same provider
shall be subject to the fee provisions of subsection (a).
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