Below is the West Virginia state statute which controls the amount of money that doctors, hospitals, and other health care providers can charge for copies of medical records provided to the patient or the patient’s attorney for use in personal injury or wrongful death civil cases. Note that there may be other statutes which pertain to workers’ compensation claims, Social Security disability matters, etc.
We update this page when we learn of a new statute or any revision to the statutes. Despite our best efforts we cannot and do not represent that this statute is up-to-date. One type of revision which is especially hard for us to keep track of has to do with cost changes allowed annually by a statute and based on some indexed inflation rate.
We suggest that you read the actual state statute (as opposed to relying upon our brief summary) when there is a link available.
West Virginia Code §16-29-2(a)
- $25.00 per hour for labor
- A reasonable, cost-based fee, at the time of delivery. Notwithstanding any other section of the code or rule, the fee shall be based on the provider’s cost of:
- (1) Labor for copying the requested records if in paper, or for placing the records in electronic media;
- (2) supplies for creating the paper copy or electronic media; and
- (3) postage if the person requested that the records be mailed.
If you are aware of an additional or different medical records copying costs statute which should be posted for this state, please send a link to the relevant statute to Tom Lamb.
Likewise, any clarifications, corrections, or updates regarding the statute shown for this state should be submitted to Tom Lamb.
Please understand that the materials on this web page are for general information purposes only, and is not intended as legal advice.
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