Senate Bill No. 104

(By Senator Hunter)

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[Introduced January 14, 1998; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section two, article twenty-nine, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to copying medical records; and permitting indigent persons and their authorized representatives to obtain free copies of medical records to support their applications for social security disability or supplement security income benefits.

Be it enacted by the Legislature of West Virginia:
That section two, article twenty-nine, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 29. HEALTH CARE RECORDS.

§16-29-2. Reasonable expenses to be reimbursed.

(a) The provider shall be reimbursed by the person requesting in writing a copy of such the records at the time of delivery for all reasonable expenses incurred in complying with this article. However, such cost shall nor no cost may exceed seventy-five cents per page for the copying of any such record or records which have already been reduced to written form and a search fee may not to exceed ten dollars.
(b) Notwithstanding the provisions of subsection (a) of this section, a provider may not impose a charge on an indigent patient or his or her authorized representative if the records are necessary for the purpose of supporting a claim or appeal under any provisions of the Social Security Act. Any patient represented by an organization whose purpose is to provide legal assistance to indigents or represented by persons with an affiliated pro bono program is presumed indigent. A provider may require reasonable proof of indigence from any other patient.


NOTE: The purpose of this bill is to enable indigent persons and their authorized representatives to obtain free copies of medical records to support their applications for Social Security disability or Supplemental Security Income benefits.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.