This bill amends the Code of West Virginia to enhance the confidentiality of records related to adults and facility residents, particularly concerning reports of abuse, neglect, or financial exploitation. It clarifies the permissible disclosures of such records to various governmental entities, including federal, state, and local agencies, as well as law enforcement and prosecuting attorneys. The bill also establishes a procedure for limited disclosure and use of these records in administrative hearings, ensuring that identifying information of vulnerable adults is redacted and that the records are only used for the purposes of the administrative proceedings.

Additionally, the bill introduces new provisions that allow for the publication and disclosure of records in administrative hearings under specific conditions, such as obtaining a written motion from a party and an order from the administrative hearing officer. It also stipulates that any confidential records disclosed must be returned to the department after the conclusion of the hearing. The bill further protects the identity of individuals reporting abuse, neglect, or financial exploitation, ensuring that their identities are not disclosed without consent, while still allowing for necessary subpoenas to protect vulnerable adults.

Statutes affected:
Introduced Version: 9-6-8
Engrossed Version: 9-6-8