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WV HB2795

WV HB2795
Providing that when a party's health condition is at issue in a civil action, medical records and releases for medical information may be requested and required without court order


summary

Introduced
01/13/2016
In Committee
03/10/2016
Crossed Over
02/23/2016
Passed
Dead
03/12/2016

Introduced Session

2016 Regular Session

Bill Summary

Providing that when a party's health condition is at issue in a civil action, medical records and releases for medical information may be requested and required without court order

AI Summary

This bill proposes to amend West Virginia law to allow parties in a civil action to request and obtain medical records and medical billing records, which are defined as documents related to a patient's health or payment for healthcare, from other parties without needing a court order, provided the health condition is relevant to the case. The process involves serving a request for a signed medical release, which the receiving party must provide within thirty days unless they object, and the requesting party must share copies of obtained records with the party whose records were sought. All obtained medical records are to be treated as confidential by opposing parties, their representatives, and insurance carriers, with specific provisions for their handling by insurance companies and limitations on sharing them with third parties without consent, while also clarifying that this does not override existing discovery rules or the right to object to the production of records.

Committee Categories

Justice

Sponsors (3)

Last Action

Communicated to Senate (on 03/12/2016)

bill text


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