H. B. 3075
(By Delegates Amores, Pino, Mahan, Fleischauer and Foster)
(Originating in the Committee on
Health and Human Resources)
[February 27, 2003]
A BILL to amend article thirty, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section twenty-five,
relating to the West Virginia health care decisions act;
authorizing patients or residents of certain health care
facilities or homes to designate nonrelative to receive the
same visitation privileges as immediate family members;
authorizing the secretary of the department of health and
human resources to develop a form to be used for such
designations, and defining terms.
Be it enacted by the Legislature of West Virginia:
That article thirty, 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 twenty-
five, to read as follows:
ARTICLE 30. WEST VIRGINIA HEALTH CARE DECISIONS ACT.
§16-30-25. Designated visitation.
(a) For purposes of this section:
(1) "Designated visitor" means a person who is not an
immediate family member of a patient or resident and who has been
designated as a visitor pursuant to the provisions of this section.
(2) "Immediate family member" means a spouse, parent,
stepparent, mother-in-law, father-in-law, child, stepchild, or
sibling of a patient or resident.
(3) "Medical records" means the records of a visited facility
that contain the health history and treatment rendered to a patient
(4) "Visited facility" means any public or private health care
facility, personal care home, residential board and care home,
assisted living facility, residential care community or adult
congregate living facility licensed or registered pursuant to this
chapter in which patients or residents may be visited by family
members, friends, clergy or other individuals.
(b) A patient or resident in any visited facility who is
eighteen years of age or older or an emancipated minor may, at any
time, authorize and designate
in writing up to three individuals
whom he or she wishes to be given the same visitation privileges as
immediate family members. The patient or resident may rescind the
designation or designations at any time, in writing.
(c) The secretary of the department of health and human
resources shall develop a form that may be used to designate or
rescind designation of visitors. The form shall comply with all
privacy requirements of applicable state and federal law, and shall be provided to all visited facilities in this state for use
pursuant to the provisions of this section. Nothing in this
subsection shall preclude a patient or resident from designating or
rescinding designation for visitors in any other written manner.
(d) Any designation or rescission made by a patient or
resident shall be included in his or her medical records.