Senate Bill No. 116
(By Senators Prezioso and Foster)
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[Introduced February 11, 2009; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §16-5R-7 of the Code of West Virginia,
1931, as amended, relating to penalties for failure to
properly report pursuant to reporting requirements of the
Alzheimer's Disease Registry.
Be it enacted by the Legislature of West Virginia:
That §16-5R-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5R. THE ALZHEIMER'S SPECIAL CARE STANDARDS ACT.
§16-5R-7. Establishment of a central registry.
(a) To the extent funds are available, the governing board of
West Virginia University shall establish an Alzheimer's Disease
Registry to collect information concerning Alzheimer's disease and
related disorders. The purpose of the registry shall be to provide
a central database of information to assist in the development of
public policy and planning. The information collected by the registry shall be analyzed to prepare reports and perform studies
as necessary when such data identifies information useful in
developing policy.
(b) All reporting sources, including hospitals, physicians,
facilities, clinics or other similar units diagnosing or providing
treatment or care for Alzheimer's disease and related disorders,
shall provide a report of each case to the Alzheimer's Disease
Registry in the format specified
in legislative rules authorized in
subsection (d) of this section. Failure to comply with the
reporting provisions of this section may result in the penalties
prescribed in section eighteen, article one of this chapter.
(c) All information reported pursuant to this section is
confidential and shall be used only for the purposes set forth
herein. A report provided to the Alzheimer's Disease Registry that
discloses the identity of the individual being treated shall only
be released in accordance with the provisions of the Health
Insurance Portability and Accountability Act of 1996. No liability
of any kind or character for damages or other relief shall arise or
be enforced against any reporting source by reason of having
provided the information or material to the Alzheimer's Disease
Registry.
(d) The governing board shall propose
legislative rules
pursuant to the provisions of article three, chapter twenty-nine-a
of this code to implement this section. The rules shall include, but not be limited to: (1) The content and design of all forms and
reports required by this section; (2) the type of information to be
collected and maintained; (3) the procedures for disclosure of
nonidentifying data to other appropriate research entities; (4) the
manner in which reporting entities or individuals, including
families, may be contacted by the registry for additional relevant
information;
(5) a means of providing for enforcement of the
reporting provisions of this section consistent with the penalties
found in section eighteen, article one of this chapter; and
(5) (6)
any other matter necessary to the administration of this section.
NOTE: The purpose of this bill is to provide penalties for
failure to report under the provisions of this section.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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