West Virginia medical records laws

How West Virginia differs from federal HIPAA

• Patient fees follow HIPAA; the fixed $20 + per-page schedule applies only to non-patient requesters.
• Free copy for indigent Social Security claimants (one set per provider).
• Mental health: provider may give a summary instead of the full record after treatment ends.
• State enforcement action with attorney fees and costs; HIPAA has no private right of action.

How long a provider has to respond

A licensed provider must furnish a copy of your record within no more than 30 days of receiving your written request; the state statute does not provide an extension.(W. Va. Code § 16-29-1)

What a provider can charge

Patients and personal representatives pay a fee consistent with HIPAA (reasonable, cost-based) plus taxes. Other requesters with a HIPAA authorization pay up to $20 search/handling plus $0.40/page paper or $0.20/page electronic (electronic total capped at $150), with per-page rates CPI-adjusted each October 1; certification costs $10, and indigent Social Security claimants get one free set.(W. Va. Code § 16-29-2)

Paper copies

Patients: HIPAA cost-based fee (no fixed per-page cap); non-patient requesters: up to $0.40/page paper, $0.20/page electronic (CPI-adjusted), plus $20 search/handling

Electronic copies

Records stored electronically are delivered electronically unless paper is requested; for non-patient requesters, max $0.20/page and $150 total including search fee (plus taxes).

When copies are free

No charge to an indigent person (or authorized representative) for records needed to support a Social Security Act claim or appeal; limited to one set per provider.

A provider cannot refuse to give you your records because you owe money for treatment. Compare every state on the medical records fees by state page.

Minors and sensitive records

• Minors: Providers are not required to release a minor's records about birth control, prenatal care, drug rehabilitation, related services, or venereal disease to a parent or guardian without the minor's prior written consent. A 2024 bill (HB4320) to guarantee parental access did not become law.(W. Va. Code § 16-29-1, WV HB4320 (2024) and SB787 (2024) — LegiScan status)
• mental health: For patients treated for psychiatric or psychological problems, the provider may furnish a summary of the record, made available after the treatment program ends, instead of the full record.(W. Va. Code § 16-29-1)
• hiv: The records-access article does not apply to records governed by West Virginia's AIDS-related Medical Testing and Records Confidentiality Act (W. Va. Code art. 16-3C).(W. Va. Code § 16-29-1)

If a provider doesn't comply

A patient, personal representative, or authorized agent may enforce the records-access article; a provider found in violation must pay the attorney fees and costs, including court costs, of that enforcement.(W. Va. Code § 16-29-1)

• West Virginia Board of Medicine

  physicians (MD) and physician assistants · (304) 558-2921

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in West Virginia

1. Ask the provider's medical records (health information) department for its request form, or write your own request with your name, date of birth, dates of care, the records you want, and the format (paper or electronic).
2. Keep a copy and note the date — the 30 days clock runs from when the provider receives it.
3. If the deadline passes or the bill exceeds the rules above, use the complaint routes on this page.

Templates and step-by-step help are on the records-access hub. Find a West Virginia hospital's records office, or browse hospitals in West Virginia.

Common questions about West Virginia medical records