H. B. 4188


(By Delegate Louisos)
[Introduced January 28, 1994; referred to the
Committee on Health and Human Resources.]




A BILL to amend article five-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-a, relating to hospitals and similar institutions; and when patients shall be admitted after seeking emergency room treatment.

Be it enacted by the Legislature of West Virginia:

That article five-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine-a, to read as follows:
ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.

§ 16-5B-9a. Hospitals and similar institutions required to admit patients with regular treating physician.

Any hospital, or similar institution, required to be licensed under this article, which has emergency room facilities, shall not keep a patient in an emergency room holding area for more than one hour, if the patient is being treated for a serious medical condition by a regular, treating physician who is unable to appear at the emergency room to examine the patient. The hospital or similar institution shall instead admit the patient for immediate examination and treatment.




NOTE: The purpose of this bill is to prohibit hospitals and similar institutions from keeping a patient with a serious medical condition in an emergency room holding area awaiting the appearance of the patient's treating physician. Instead, the hospital is required to examine and treat the patient within an hour after arrival at the emergency room.

This section is new; therefore, strike-throughs and underscoring have been omitted.