H. B. 2391


(By Delegates Prunty and Caputo)

[Introduced February 21, 2001; referred to the

Committee on Health and Human Resources then Government Organization.]




A BILL to amend and reenact section one, article twenty-nine, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section one-a, all relating to requiring that the results of diagnostic tests be reported to a patient by a treating physician within twenty-four hours from the time the physician receives the results.

Be it enacted by the Legislature of West Virginia:
That section one, article twenty-nine, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and to further amend said article by adding thereto a new section, designated section one-a, all to read as follows:
ARTICLE 29. HEALTH CARE RECORDS.

§16-29-1. Copies of health care records to be furnished to patients.

Any licensed, certified or registered health care provider so licensed, certified or registered under the laws of this state shall, upon the written request of a patient, his or her authorized agent or authorized representative, within a reasonable time, furnish a copy, as requested, of all or a portion of the patient's record to the patient, his or her authorized agent or authorized representative subject to the following exceptions:
(a) In the case of a patient receiving treatment for psychiatric or psychological problems, a summary of the record shall be made available to the patient, his or her authorized agent or authorized representative following termination of the treatment program.
(b) Nothing in this article shall may be construed to require a health care provider responsible for diagnosis, treatment or administering health care services in the case of minors for birth control, prenatal care, drug rehabilitation or related services or venereal disease according to any provision of this code, to release patient records of such diagnosis, treatment or provision of health care as aforesaid to a parent or guardian, without prior written consent therefor from the patient, nor shall may anything in this article be construed to apply to persons regulated under the provisions of chapter eighteen of this code or the rules and regulations established thereunder.
(c) The furnishing of a copy, as requested, of the reports of X ray examinations, electrocardiograms and other diagnostic procedures, shall be deemed to comply with the provisions of this article, except as otherwise provided for in section one-a of this article: Provided, That original radiological study film from a radiological exam conducted pursuant to a request from a patient or patient's representative shall be provided to the patient or patient's representative upon written request and payment for the exam. The health care provider shall is not be required to interpret or retain copies of the film and shall be is immune from liability resulting from any action relating to the absence of the original radiological film from the patient's record.
(d) This article shall does not apply to records subpoenaed or otherwise requested through court process.
(e) The provisions of this article may be enforced by a patient, authorized agent or authorized representative, and any health care provider found to be in violation of this article shall pay any attorney fees and costs, including court costs incurred in the course of such enforcement.
(f) Nothing in this article shall may be construed to apply to health care records maintained by health care providers governed by the AIDS-related medical testing and records confidentiality act under the provisions of article three-c of this chapter.
§16-29-1a. Results of diagnostic tests to be provided to patients within twenty-four hours of receiving results.
Notwithstanding any provision of the code to the contrary and without any requirement that a request be made, a result obtained from any diagnostic testing procedure performed to detect any disease or physical condition shall be reported by a treating physician to the patient upon whom the diagnostic test was performed within twenty-four hours from the time the physician first receives the result.


NOTE: The purpose of this bill is to require that diagnostic test results be reported to the patient upon whom the tests were conducted by a treating physician within twenty-four hours of the time the physician receives the result.

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

Section one-a is new; therefore, strike-throughs and underscoring have been omitted.