HB 5649
Relating to confidentiality of certain records pertaining to adults and facility residents
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies West Virginia law to clarify when confidential records related to adults and facility residents can be released. It expands the list of entities that can access these records, including law enforcement, prosecuting attorneys, and court officials, particularly in cases of suspected abuse, neglect, or financial exploitation. The bill also outlines procedures for using these records in administrative hearings, emphasizing redaction of identifying information and limitations on disclosure.
Key provisions
- Expands the list of entities permitted to access confidential records related to vulnerable adults and facility residents.
- Allows for the disclosure of records in investigations of abuse, neglect, or financial exploitation.
- Establishes procedures for using records in administrative hearings, including redaction of identifying information.
- Defines circumstances under which summaries of investigative reports can be made available.
- Protects the identity of reporters of abuse, neglect, or financial exploitation.
- Specifies that records related to substantiated and unsubstantiated referrals of financial exploitation can be made available to the State Auditor’s Office.
- Outlines requirements for returning disclosed records to the department after administrative hearings.
- Requires court review of records before use in court proceedings.
Who is affected
- Adults
- Residents of long-term care facilities
- Law enforcement agencies
Sponsors
Official sponsors from legislative records.
Primary sponsor
Akers
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