West Virginia 2022 Regular Session

West Virginia Senate Bill SCR56

Introduced
3/7/22  
Report Pass
3/7/22  
Engrossed
3/8/22  
Refer
3/8/22  

Caption

Requesting Joint Committee on Government and Finance study effect of Kenney v. Liston

Impact

The examination of Kenney v. Liston under SCR56 may lead to changes in state law regarding how medical expenses are calculated in tort claims. If the Joint Committee finds that the decision creates confusion or an undue burden in legal cases, recommendations could emerge that would either reaffirm the current understanding or propose a change in statutory law. The study may inform future legislation that clarifies or modifies the rules governing claims for medical expenses in West Virginia, potentially impacting both claimants and defendants in tort cases.

Summary

Senate Concurrent Resolution 56 (SCR56) requests the Joint Committee on Government and Finance to study the implications of the West Virginia Supreme Court's decision in Kenney v. Liston, 233 W. Va. 620 (2014). This case determined that if a healthcare provider agrees to reduce or write off parts of a patient's medical bill, the injured party can claim the full, reasonable value of the medical services, rather than the discounted amount. This has broad implications for how medical bills are assessed in personal injury cases and the responsibilities of tortfeasors in compensating for injuries.

Sentiment

The sentiment surrounding SCR56 appears cautious and analytical. Supporters of the study may view it as a necessary step towards clarifying the complexities arising from the Kenney v. Liston ruling, while others may worry about possible changes that could limit medical claim recoveries. The discussion reflects a balance between ensuring fair compensation for victims of injury and managing the liability of healthcare providers and tortfeasors.

Contention

Notably, points of contention could arise regarding the potential outcomes of the committee's study. Stakeholders may express concerns over whether any legislative changes would skew favorably towards tortfeasors at the expense of injured parties. The resolution underscores the ongoing debate over tort reform and how litigation should be structured in West Virginia, reflecting diverging interests between patient rights advocates and insurance or business organizations.

Companion Bills

No companion bills found.

Previously Filed As

WV SCR58

Requesting Joint Committee on Government and Finance study common law cause of action for public nuisance

WV SCR64

Requesting Joint Committee on Government and Finance study effectiveness of Local School Improvement Councils

WV SCR65

Requesting Joint Committee on Government and Finance study WV Consumer Credit and Protection Act

WV SCR37

Requesting Joint Committee on Government and Finance study viability of reinstating capital punishment

WV SCR26

Requesting Joint Committee on Government and Finance study smoke shops

WV SCR54

Requesting study of tolling statute of limitations on civil actions for Consumer Credit and Protection Act

WV SCR20

Requesting Joint Committee on Judiciary study operations of WV BRIM

WV SCR27

Requesting Joint Committee on Government and Finance study sale of alcohol

WV SCR24

Requesting Joint Committee on Government and Finance study issues regarding admission to residency programs

WV SCR18

Requesting Joint Committee on Government and Finance study increasing availability of prescription nonopioid medications

Similar Bills

NJ AR96

Changes membership of Budget and Labor Committees; clarifies that bill or resolution may be listed on committee agenda for purposes of amendment.

MI HB4326

Campaign finance: contributions and expenditures; provision related to officeholders raising funds when facing a recall; modify, and require candidate to establish a separate account used for recall purposes. Amends secs. 3, 11, 12, 21, 24 & 52 of 1976 PA 388 (MCL 169.203 et seq.) & adds sec. 21b.

MI HB4870

Campaign finance: contributions and expenditures; funds donated to a candidate for recall efforts; require candidate to establish a separate account used for recall purposes. Amends secs. 3, 11, 12, 21, 24 & 52 of 1976 PA 388 (MCL 169.203 et seq.) & adds sec. 21b.

MN HC6

A concurrent resolution recognizing wild rice as sacred and central to the culture and health of Indigenous Peoples in Minnesota and critical to the health and identity of all Minnesota citizens and ecosystems and establishing a commitment to passing legislation to protect wild rice and the freshwater resources upon which it depends.

CA SB1048

Advisory bodies.

CA SB602

Advisory bodies.

CA AB3239

Advisory bodies.

KS HR6003

Providing temporary rules of the House of Representatives for the 2023 session until permanent rules are adopted.