{"id":377233,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-medical-records-laws.html"},"modified":"2017-10-26T15:23:56","modified_gmt":"2017-10-26T20:23:56","slug":"west-virginia-medical-records-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-medical-records-laws.html","title":{"rendered":"West Virginia Medical Records Laws"},"content":{"rendered":"\n
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West Virginia Medical Records Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In order to get the best medical care from our doctors, they have to be privy to our complete medical history. And that can include some very private information. While it can be easier if hospitals and doctors have complete access to our medical records, that convenience also comes with cause for concern. <\/p>\n

So what laws does the Mountain State have to protect our personal health information and ensure that medical professionals will keep our records safe and secure? Here is a quick introduction to medical records laws in West Virginia.<\/p>\n

Medical Records Laws<\/h2>\n

State medical records laws<\/a> determine when, how, and with whom doctors may share your medical information<\/a>, and what kind of permission they must get before doing so. The general privacy protection of medical records<\/a> dictates that your medical records are confidential, and West Virginia law limits access to medical records to the patient absent written consent. There are some scenarios, however, that require mandatory reporting of health information by doctors, like injuries from suspected child abuse, gunshot wounds, and positive tests of HIV and other sexually transmitted diseases.<\/p>\n

Medical Records Laws in West Virginia<\/h2>\n

The details of West Virginia\u2019s medical records statutes are listed below.<\/p>\n\n

Code Section<\/p>\n<\/td>\n

West Virginia Code 16-29-1, et seq.<\/a>: Health Care Records<\/p>\n<\/td>\n<\/tr>

Who Has Access to Records?<\/p>\n<\/td>\n

Patient through written request;<\/p>\n

Summary provided in case of psychiatric or psychological treatment<\/p>\n<\/td>\n<\/tr>

What Privileges Apply to Medical Records?<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Mandatory Reporting Requirements<\/p>\n<\/td>\n

Sexually transmitted diseases<\/p>\n

West Virginia Code 16-4-6<\/a>: Reports by Physicians;<\/p>\n

Suspected child abuse<\/p>\n

West Virginia Code 49-6A-2<\/a>: Persons Mandated to Report Suspected Abuse and Neglect;<\/p>\n

Gunshot and other wounds; burns<\/p>\n

West Virginia Code 61-2-27<\/a>: Required Reporting of Gunshot and Other Wounds<\/p>\n<\/td>\n<\/tr>

Patient Consent and Waiver<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Insurance Companies<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Provisions Related to HIV\/AIDS<\/p>\n<\/td>\n

Disclosure of identity of person tested for HIV in limited circumstances<\/p>\n

West Virginia Code 16-3C-3<\/a>: Confidentiality of Records<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

In addition to state law, the Health Insurance Portability and Accountability Act (HIPAA)<\/a> is a federal statute that requires doctors and other medical staff to keep medical records confidential unless:<\/p>\n