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Introduced Version House Bill 4033 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 4033

 

(By Delegate Manypenny)

[Introduced January 12, 2012; referred to the

Committee on Health and Human Resources then the Judiciary.]

 

 

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-18; and to amend said code by adding thereto a new section, designated §30-3-19, all relating to requiring doctors and hospitals to bill patients within one year of when the goods and services were provided; and requiring doctors and hospitals to state with specificity any charges identified as miscellaneous.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated as §16-5B-18; and to amend said code by adding thereto a new section, designated §30-3-19, all to read as follows:

CHAPTER 16. PUBLIC HEALTH.

ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.

§16-5B-18. Billing limitations; specificity.

    (a) A person, partnership, association, corporation, or any local governmental unit or any division, department, board or agency that establishes, conducts, or maintains in the State of West Virginia any ambulatory health care facility, ambulatory surgical facility, freestanding or operated in connection with a hospital, hospital or extended care facility operated in connection with a hospital who bills a patient for goods or services provided must do so within one year of when the goods or services were provided. A billing submitted after that one year period is null and void and is unenforceable, either in law or equity, against the patient.

    (b) Billings for goods or services that includes any “miscellaneous” or similar charges shall identify with specificity the type and amount of those charges. A billing for miscellaneous goods or services not so identified is null and void and is unenforceable, either in law or equity, against the patient.

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.

§30-3-19. Billing limitations; specificity.

    (a) A person licensed to practice medicine and surgery or podiatry who bills a patient for goods or services provided must do so within one year of when the goods or services were provided. A billing submitted after that one year period is null and void and is unenforceable, either in law or equity, against the patient.

    (b) Billings for goods or services that includes any “miscellaneous” or similar charges shall identify with specificity the type and amount of those charges. A billing for miscellaneous goods or services not so identified is null and is unenforceable, either in law or equity, against the patient.




    NOTE: The purpose of this bill is to require doctors and hospitals to bill patients within one year of when the goods and services were provided. The bill requires doctors and hospitals to state with specificity any charges identified as miscellaneous. A bill not submitted within one year or does not itemize miscellaneous charges is null and void and not enforceable against the patient.



     These sections are new; therefore, it has been completely underscored.

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