West Virginia § 33-25A-26 Confidentiality of medical information

West Virginia Statutes

§ 33-25A-26 — Confidentiality of medical information

West Virginia § 33-25A-26

Ch. 33Â INSURANCE

Art. 25AHEALTH MAINTENANCE ORGANIZATION ACT

This text of West Virginia § 33-25A-26 (Confidentiality of medical information) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 33-25A-26 (2026).

Text

Any data or information pertaining to the diagnosis, treatment or health of any enrollee or applicant obtained from that person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except:

(1)To the extent that it may be necessary to facilitate an assessment of the quality of care delivered pursuant to section seventeen of this article or to review the grievance procedure pursuant to section twelve of this article;

(2)upon the express written consent of the enrollee or his or her legally authorized representative;

(3)pursuant to statute or court order for the production of evidence or the discovery thereof;

(4)in the event of claim or litigation between that person and the health maintenance organization wherei

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Any data or information pertaining to the diagnosis, treatment or health of any enrollee or applicant obtained from that person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except: (1) To the extent that it may be necessary to facilitate an assessment of the quality of care delivered pursuant to section seventeen of this article or to review the grievance procedure pursuant to section twelve of this article; (2) upon the express written consent of the enrollee or his or her legally authorized representative; (3) pursuant to statute or court order for the production of evidence or the discovery thereof; (4) in the event of claim or litigation between that person and the health maintenance organization wherein the data or information is pertinent; or (5) to a department or division of the state pursuant to the terms of a group contract for the provision of health care services between the HMO and the department or division of the state. A health maintenance organization is entitled to claim any statutory privileges against the disclosure which the provider who furnished the information to the health maintenance organization is entitled to claim.