SENATE CONCURRENT RESOLUTION 56

(By Senators Azinger, Caputo, Grady, Karnes, Maynard, Phillips, Rucker, Smith, Weld, Woodrum, and Trump)

[Originating in the Committee on the Judiciary; reported on March 7, 2022]

Requesting the Joint Committee on Government and Finance study the effect of Kenney v. Liston, 233 W. Va. 620 (2014).

Whereas, in Syl. Pt. 7, Kenney v. Liston, 233 W. Va. 620 (2014), the West Virginia Supreme Court of Appeals held that, where an injured person's health care provider agrees to reduce, discount or write off a portion of the person's medical bill, the person may recover the entire reasonable value of the medical services necessarily required by the injury, and the tortfeasor is not entitled to receive the benefit of the reduced, discounted, or written-off amount: therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on the Judiciary is hereby requested to study the effect of Kenney v. Liston, 233 W. Va. 620 (2014); and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2023, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.