Senate Bill No. 104
(By Senator Hunter)
[Introduced January 14, 1998; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.