COMMITTEE SUBSTITUTE
FOR
H. B. 4117
(By Delegates Beane, Webster, R. Thompson,
Staton and Varner)
(Originating in the Committee on the Judiciary)
[February 23, 2004]
A BILL to amend and reenact §16-29-1 of the code of West Virginia,
1931, as amended, relating to copies of medical records.
Be it enacted by the Legislature of West Virginia:
That §16-29-1 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 29. HEALTH CARE RECORDS.
§16-29-1. Copies of health care records to be furnished to
patients.
Any licensed, certified or registered health care provider so
licensed, certified or registered under the laws of this state
shall, upon the receipt of a
written request of or facsimile of
medical authorization from a patient, his or her authorized agent
or authorized representative, within a reasonable time, furnish a
copy, as requested, of all or a portion of the patient's record to
the patient, his or her authorized agent or authorized
representative subject to the following exceptions: Provided, That
copies of medical billing shall not be considered as part of a patient's record for the purposes of this article, and a provider
shall furnish a copy of each bill requested pursuant to this
article without charge.
(a) In the case of a patient receiving treatment for
psychiatric or psychological problems, a summary of the record
shall be made available to the patient, his or her authorized agent
or authorized representative following termination of the treatment
program.
(b) Nothing in this article shall be construed to require a
health care provider responsible for diagnosis, treatment or
administering health care services in the case of minors for birth
control, prenatal care, drug rehabilitation or related services or
venereal disease according to any provision of this code, to
release patient records of such diagnosis, treatment or provision
of health care as aforesaid to a parent or guardian, without prior
written consent therefor from the patient, nor shall anything in
this article be construed to apply to persons regulated under the
provisions of chapter eighteen of this code or the rules and
regulations established thereunder.
(c) The furnishing of a copy, as requested, of the reports of
X-ray examinations, electrocardiograms and other diagnostic
procedures shall be deemed to comply with the provisions of this
article: Provided, That original radiological study film from a
radiological exam conducted pursuant to a request from a patient or
patient's representative shall be provided to the patient or
patient's representative upon written request and payment for the exam. The health care provider shall not be required to interpret
or retain copies of the film and shall be immune from liability
resulting from any action relating to the absence of the original
radiological film from the patient's record.
(d) This article shall not apply to records subpoenaed or
otherwise requested through court process.
(e) The provisions of this article may be enforced by a
patient, authorized agent or authorized representative, and any
health care provider found to be in violation of this article shall
pay any attorney fees and costs, including court costs incurred in
the course of such enforcement.
(f) Nothing in this article shall be construed to apply to
health care records maintained by health care providers governed by
the AIDS-related medical testing and records confidentiality act
under the provisions of article three-c of this chapter.