Bill > HB5476

This bill requires healthcare providers who maintain electronic health records to preserve each entry in its original form and to maintain an audit trail, which is a record of any additions, deletions, or revisions made to the health record. If a healthcare record is amended, the provider must retain the original entry, clearly indicate it has been amended, include the date, time, and identity of the person making the amendment, and state the reason for the change. Individuals have the right to examine their health records, with exceptions if disclosure is deemed detrimental to their physical or mental health by a medical professional, and they can request corrections to inaccurate information. If a healthcare provider improperly alters an individual's health records without justifiable cause, the individual can sue for damages, and the absence of an audit trail creates a presumption that the alteration was improper. Furthermore, healthcare providers are prohibited from retaliating against employees who report suspected tampering or unauthorized alterations of health records.

Health and Social Services

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5476&year=2026&sessiontype=RS&btype=bill