WVC 16 - 29 G- 5
§16-29G-5. Immunity from suit; limitation of liability.
The network is not a health care provider and is not subject
to claims under article seven-b, chapter fifty-five of this code.
No person who participates or subscribes to the services or
information provided by the network is liable in any action for
damages or costs of any nature, in law or equity, which result
solely from that person's use or failure to use network information
or data that was imputed or retrieved in accordance with the Health
Insurance Portability and Accountability Act of 1996 and any
amendments and regulations under the act, state confidentiality
laws and the rules of the network as approved by the Health Care
Authority. In addition, no person is subject to antitrust or
unfair competition liability based on membership or participation
in the network, which provides an essential governmental function
for the public health and safety and enjoys state action immunity.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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