HB 5476
Require monitoring of electronic records maintained by hospitals.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill requires West Virginia hospitals to maintain detailed audit trails for all electronic health care records, including records of any changes made. It gives individuals the right to examine their own records and request corrections for inaccuracies. If records are altered without justification, individuals can sue for damages, and hospitals are prohibited from retaliating against employees who report suspected tampering. The bill also establishes a presumption that a lack of an audit trail indicates improper alteration of records.
Key provisions
- Requires hospitals to preserve and maintain audit trails of electronic health care records.
- Grants individuals the right to examine their own health care records, with exceptions for potential harm to mental or physical health.
- Allows individuals to request corrections to inaccurate information in their records.
- Establishes a private cause of action for unauthorized alteration of health care records, with a potential award of up to $2,000 or actual damages.
- Creates a rebuttable presumption that alterations without an audit trail are improper.
- Prohibits hospitals from retaliating against employees who report tampering with records.
- Specifies requirements for documenting amendments to health care records, including date, time, identity of the amendment maker, and reason.
- Requires hospitals to provide a copy of the corrected record to the individual.
Who is affected
- Hospitals and health care providers in West Virginia
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