The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.

Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC

Summary

  • West Virginia does not have general laws applicable to individually identifiable health information, but does impose privacy requirements on a more limited basis. See Medical Privacy.
  • West Virginia established a Health Information Network to facilitate public and private use of health care information. Persons who choose to participate retain property rights over the information but grant license to others for access. See West Virginia Health Information Network.
  • West Virginia law includes a Health Maintenance Organization Patient Bill of Rights that protects patient privacy. See Health Maintenance Organization Patient Bill of Rights.
  • In certain circumstances, West Virginia is more generous to a medical plan enrollee with regard to pre-existing condition limitations than the federal government. See Pre-Existing Condition Exclusions.