WVC 33 - 25 A- 26
§33-25A-26. Confidentiality of medical information.
Any data or information pertaining to the diagnosis, treatment
or health of any enrollee or applicant obtained from that person or
from any provider by any health maintenance organization shall be
held in confidence and shall not be disclosed to any person except:
(1) To the extent that it may be necessary to facilitate an
assessment of the quality of care delivered pursuant to section
seventeen of this article or to review the grievance procedure
pursuant to section twelve of this article; (2) upon the express
written consent of the enrollee or his or her legally authorized
representative; (3) pursuant to statute or court order for the
production of evidence or the discovery thereof; (4) in the event
of claim or litigation between that person and the health
maintenance organization wherein the data or information is
pertinent; or (5) to a department or division of the state pursuant
to the terms of a group contract for the provision of health care
services between the HMO and the department or division of the
state. A health maintenance organization is entitled to claim any
statutory privileges against the disclosure which the provider who
furnished the information to the health maintenance organization is
entitled to claim.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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