H. B. 2457
(By Delegates Marcum, R. Phillips, Ferro, Diserio,
Eldridge, Manchin, Skaff, Fleischauer, Marshall,
Tomblin and Barill)
[Introduced February 14, 2013; referred to the
Committee on Health and Human Resources then the
A BILL to amend and reenact §16-29-2 of the Code of West Virginia,
1931, as amended, relating to health care records; requiring
health care providers to furnish records to patients at no
cost; and limiting the request for free records to once a
Be it enacted by the Legislature of West Virginia:
That §16-29-2 of the Code of West Virginia, 1931, 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 the records at the time of delivery for all
reasonable expenses incurred in complying with this article:
Provided, That the cost may not exceed $0.75 per page for the
copying of any record or records which have already been reduced to
written form and a search fee may not exceed $10.
(b) Notwithstanding the provisions of subsection (a) of this
section, a provider shall not impose a charge on an indigent person
or his or her authorized representative if the medical records are
necessary for the purpose of supporting a claim or appeal under any
provisions of the Social Security Act, 42 U.S.C. §301 et seq.
(c) For purposes of this section, a person is considered
indigent if he or she:
(1) Is represented by an organization or affiliated pro bono
program that provides legal assistance to indigents; or
(2) Verifies on a medical records request and release form
that the records are requested for purposes of supporting a social
security claim or appeal and submits with the release form
reasonable proof that the person is financially unable to pay full
copying charges by reason of unemployment, disability, income below
the federal poverty level, or receipt of state or federal income
(d) Any person requesting free copies of written medical
records pursuant to the provisions of subsection (b) of this
section is limited to one set of copies per provider. Any
additional requests for the same records from the same provider
shall be subject to the fee provisions of subsection (a).
(e) Notwithstanding the provisions of this section to the
contrary, any person may receive free copies of written medical
records not to exceed once a year for such a request.
NOTE: The purpose of this bill is to require health care
providers to furnish records to patients at no cost, limiting the
request for free records to once a year.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would