This bill proposes the addition of a new section, 16-29-4, to the Code of West Virginia, aimed at enhancing the integrity and accessibility of health care records. It mandates that health care providers maintain original entries of electronic or digital health care records, including an audit trail for any modifications. The bill also grants individuals the right to examine their health care records, with certain limitations if their current health condition warrants it. Furthermore, individuals can request corrections to inaccuracies in their records, and health care facilities are required to respond to these requests within five days.

Additionally, the bill establishes a private cause of action for individuals whose health care records are altered without justification, allowing them to seek damages or equitable relief in court. It creates a rebuttable presumption that any lack of an audit trail indicates improper alteration of records. Lastly, the bill includes anti-retaliation provisions to protect employees who report tampering or unauthorized changes to health care records, ensuring they cannot be discriminated against or penalized for such reports.

Statutes affected:
Introduced Version: 16-29-4