HB 5563 — To create the West Virginia Timely Transplant Referral and Coordination Act

WESTHB5563 VIRGINIAHFA LEGISLATUREBurkhammer REGULAR3-3 SESSION#1CR ENGROSSED3338 Delegate CommitteeBurkhammer Substituteand forWorrell Housemoved Billto 5563amend Bythe Delegatesbill Holstein,on Heckert,page 1, line 7, by striking, “thirty-day” and G.inserting “three day”.   AdoptedRejected

Howell [Originating in the Committee on Health and Human Resources;

reported on February 26, 2026] Eng CS for HB 5563 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-67-1 and §16-67-2, relating to transplant referral coordination;

requiring documentation in a medical record;

requiring a referral;

providing exemptions;

providing for data collection;

and requiring reporting.

Be it enacted by the Legislature of West Virginia:

ARTICLE 67.

WEST VIRGINIA TIMELY TRANSPLANT REFERRAL COORDINATION ACT.

§16-67-1.

Mandatory transplant referral timeline.

(a) A licensed healthcare provider that documents in a patient’s medical record that the patient meets medical criteria for organ transplant candidacy shall initiate referral to an appropriate transplant center within three calendar days of the documentation.

(b) The referral requirement set forth in subsection (a) of this section does not apply if the provider documents in the patient’s medical record a specific medical contraindication to transplant referral.

(c) Nothing in this section may be construed to alter clinical eligibility standards established by transplant centers or organ allocation policies established under federal law.

§16-67-2.

Data collection and annual reporting.

(a) The Department of Health shall collect, aggregate, de-identified data from a licensed hospital regarding transplant referrals initiated pursuant to this article.

(b) Data collected shall include, at minimum:

(1) The average time between documentation of transplant candidacy and referral initiation;

(2) The number of patients meeting automatic clinical referral thresholds;

(3) The number of referrals initiated within the required three day period;

and (4) Geographic data sufficient to evaluate rural disparities in referral timelines.

1 Eng CS for HB 5563 (c) The Department shall submit an annual report to the Legislative Oversight Commission on Health and Human Resources Accountability no later than December 1 of each year.