West Virginia 2024 Regular Session

West Virginia Senate Bill SB787

Introduced
2/14/24  

Caption

Establishing limit on fees charged for medical records

Impact

The implementation of SB787 is expected to enhance access to medical records for patients by limiting the financial burden associated with obtaining these records. The bill includes specific exemptions for indigent individuals, affirming the intention to support those who might struggle to afford these fees. By adjusting the fee structure to be reflective of the consumer price index and implementing maximum charges, the bill aims to prevent excessive fees that could hinder access to essential health information, especially for low-income individuals requiring documentation for Social Security claims or other legal purposes.

Summary

Senate Bill 787 aims to create a definitive limit on fees that healthcare providers can charge for accessing medical records. Specifically, the bill amends section ยง16-29-2 of the Code of West Virginia, which regulates the handling of health care records. This legislation stipulates that fees charged to patients or their representatives must align with HIPAA standards and introduces caps on various charges, such as a search and handling fee not exceeding $20 and a per-page fee for paper copies not surpassing 40 cents. Furthermore, there are provisions that ensure electronic records are provided at a reduced rate, motivating providers to adapt to digital formats for efficiency and cost-effectiveness.

Sentiment

The sentiment toward SB787 has generally been positive among patient advocacy groups and individuals concerned about healthcare accessibility. Advocates argue that the bill is a significant step towards reducing barriers and making important health information more affordable for patients. However, some healthcare providers and stakeholders have expressed concerns about the feasibility of implementing these price caps and the potential impact on administrative processes. This divisive perspective underscores a broader debate about balancing the need for affordable healthcare access with the operational realities of medical record management.

Contention

Notable points of contention surrounding SB787 involve the tension between ensuring patient access to records and the operational costs healthcare providers face in managing those records. Critics worry that the fee limitations may not be sustainable, potentially leading to increased operational burdens for healthcare providers who must comply with stricter fee structures. Additionally, the definitions and provisions regarding what qualifies an individual as 'indigent' may require further clarification to prevent misuse and ensure genuine cases can benefit from the intended support. This aspect of the bill has raised questions about the balance of responsibility between patient rights and provider capabilities.

Companion Bills

No companion bills found.

Previously Filed As

WV SB531

Uniform Limited Liability Company Act

WV SB470

Making adoption records accessible for medical purposes

WV HB3277

Establishing the Family and Medical Leave Insurance Benefits Act

WV HB2278

Authorizing the DMV to issue certain vital records in the custody of the state registrar

WV HB3498

Relating to the Consumer Data Protection Act and establishing a framework for controlling and processing personal data in the State

WV HB3172

Change filing fees that circuit courts may charge

WV SB13

Establishing annual oversight fee for wells producing more than 10,000 cubic feet of gas per day

WV HB3421

Recodifying the code to eliminate conflicts

WV SB269

Increasing dental coverage limit for Medicaid enrollees

WV HB2361

To unseal adoption records after 21 years of age for adoptees for a one time fee of $30 and issuance of an original birth certificate for the common birth certificate fee.

Similar Bills

No similar bills found.