WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
Senate Bill 917
By Senator Rucker
[Introduced March 24, 2025; referredto the Committee on Government Organization; and then to the Committee on Finance]
A BILL to amend the Code of West Virginia, 1931, as amended, adding a new article, designated §55-7L-1, §55-7L-2, §55-7L-3, §55-7L-4, §55-7L-4, and §55-7L-5, relating to creating a limitation of civil liability for academic medical centers and teaching hospitals; stating findings and declaration of purpose; providing definitions; prescribing insurance requirements and limitations on liability; explaining applicability of article; and clarifying construction.
Be it enacted by the Legislature of West Virginia:
## Article 7L. Limitation of Civil Liability for Academic Medical Centers and Teaching Hospitals Affiliated with Medical and Dental Schools.
##
The Legislature finds and declares:
That West Virginia faces critical shortages of physicians, nurses and other health care providers;
That historically, half of physicians who completed medical school and residency or fellowship training in a state remain in that state;
That historically, investment in the education and training of our health care providers affords the state its best opportunity to meet the health care needs of its citizens;
That the citizens of this state have been and should continue to be well served by physicians, dentists, nurses, and other health care professionals trained in West Virginia;
That medical education is enhanced when medical residents, fellows and students of all health professions have access to modern health care facilities, state of the art equipment and technology, and a full range of clinical experiences and research opportunities that are available at the academic medical centers and teaching hospitals located within the state;
That the state's academic medical centers and teaching hospitals are organized exclusively for charitable, scientific and educational purposes, and specifically to promote the training and education of health care providers and to further medical and scientific research in an academic setting;
That the clinical training programs offered in the state's academic medical centers and teaching hospitals benefit the state's medical schools, dental schools, and other colleges and universities and contribute to the diagnosis, treatment and prevention of diseases and the positive improvement of the health and well-being of the residents of the state;
That the state must advance and sustain the education, training and research environment provided at the state's academic medical centers and teaching hospitals so that the state can train and retain those health care providers in the state, which is a substantial and compelling interest of the state and its citizens;
That the provision of the clinical services offered by the academic medical centers and teaching hospitals in the state is a vital and inseparable component of the education and training of health care professionals and contributes significantly to the ongoing quality, effectiveness and scope of the state's health care delivery system;
That the state's academic medical centers and teaching hospitals subsidize and support student programs and fund resident and faculty salaries and other costs associated with the overall operation of the state's medical and dental schools and other health care training programs;
That academic medical centers and teaching hospitals play an essential role in assuring an adequate supply of qualified and trained physicians, dentists, and other health care professionals throughout the state and it is therefore reasonable and appropriate for the Legislature to limit the civil liability of academic medical centers and teaching hospitals, and their respective members, directors, trustees, officers, faculty, employees, agents, volunteers, and students given the substantial and compelling state interests being served; and
That it is further reasonable and appropriate to require the state's academic medical centers and teaching hospitals to adequately and fairly compensate individuals who suffer injury.
For purposes of this article:
(1) "Academic medical center" means a West Virginia nonprofit hospital or health system affiliated with an accredited medical school which meet the requirements set forth in 42 C. F. R. §411.355(e).
(2) "Claim" means all claims, suits, actions, causes of action or liabilities arising out of the same or related errors or omissions or the same or related acts, events, or incidents.
(3) "Personnel" means all full-time, part-time, visiting and volunteer directors, trustees, officers, faculty, residents, fellows, students, employees, agents, volunteers and servants of the academic medical center or teaching hospital, whether compensated or not.
(4) "Teaching hospital" means a West Virginia nonprofit hospital or health system which sponsors four or more approved graduate medical education programs in the state and is affiliated with one or more of the state’s medical schools and/or state dental school.
Academic medical centers and teaching hospitals must maintain liability insurance of at least $2 million per occurrence. The liability of academic medical centers and teaching hospitals for any claim arising from or resulting from any alleged acts or omissions of such academic medical center, teaching hospital or its personnel shall not exceed the limits of such insurance, exclusive of interest and costs, irrespective of the number of parties named as defendants; provided that such.
The amendments to this article apply to all academic medical centers and teaching hospitals for causes of action which are filed against academic medical centers and teaching hospitals on or after May 1, 2025.
The provisions of this article shall not serve to waive or limit any other immunity, protection or damages limitation to which any of the foregoing entities or persons may be entitled under any other law.
NOTE: The purpose of this bill is to create a limitation of civil liability for academic medical centers and teaching hospitals; state findings and declaration of purpose; provide definitions; prescribe insurance requirements and limitations on liability; explain applicability of article; and clarify construction.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.