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 patients or their representatives to enforce these rights, with violators responsible for attorney fees and costs.

Furthermore, the bill introduces a new section, 16-29-3, which outlines access to a minor's health records. It stipulates that parents, guardians, foster parents, or kinship placements cannot be denied access to their minor child's health records unless a court orders otherwise. However, access is restricted if the minor is emancipated, married, or has graduated high school. Importantly, the bill states that no consent from the minor is required for parents or guardians to obtain these records, thereby removing previous exemptions related to the AIDS-related Medical Testing and Records Confidentiality Act.

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