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W. Va. Code § 16-29-1 - Copies of health care records to be furnished to patients

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These requirements apply to all licensed, certified, and registered health care providers in West Virginia. 

A patient, his authorized agent or representative, may submit a written request for access to the patient's record. Within a reasonable time after receipt of such request, a provider must furnish a copy of all or a portion of the patient's record (or a copy of reports of a diagnostic procedure, if applicable). If a patient is receiving treatment for psychiatric or psychological problems, the provider need not make the full record available, but must make a summary of the record available to the patient, his authorized agent or representative after the treatment program has been terminated. 

No provider may be required to release a minor patient's records regarding a diagnosis, treatment or the provision of health care for birth control, prenatal care, drug rehabilitation or related services, or venereal disease to a parent or guardian without prior written consent of the minor patient. 

A patient or his authorized agent or representative may enforce any of these provisions, and a health care provider who is in violation of these requirements must pay attorneys fees and costs, including court costs, incurred in the course of such enforcement. 



Current as of June 2015