The bill amends West Virginia's Code regarding access to health care records, specifically focusing on the rights of patients and their representatives to obtain copies of medical records. It establishes that health care providers must furnish copies of records within thirty days of a written request, allowing for both paper and electronic formats. Additionally, it mandates that a summary of the patient's record be made available after treatment concludes. The bill also clarifies that it does not apply to records requested through court processes, except for fee provisions, and allows for enforcement by patients or their representatives against non-compliant health care providers.
Furthermore, the bill introduces a new section, 16-29-3, which outlines the access rights of parents or guardians to their minor children's health records. It stipulates that access cannot be denied unless ordered by a court or under specific conditions, such as if the minor is emancipated, married, or has graduated high school. Importantly, it removes the requirement for a minor's consent for parents or guardians to obtain these records, thereby streamlining access to essential health information for families.
Statutes affected: Introduced Version: 16-29-1, 49-5-101, 16-29-3
Engrossed Version: 16-29-1, 49-5-101, 16-29-3
Enrolled Version: 16-29-1, 16-29-3