West Virginia 2018 Regular Session Status: Passed House Of Delegates 3 R cosponsors

HB 4218 — Relating to medical professional liability

Last action — To Health and Human Resources

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

44 added · 46 removed

Plain-language change summary

The updated version of Bill HB 4218 clarifies the qualifications required for medical experts who sign a screening certificate of merit, specifying that their expertise must align with established standards of care. It adds a requirement for the certificate to detail the expert's qualifications, opinions on how care was breached, and the relationship between that breach and any resulting injury or death. These changes are important because they aim to ensure that expert testimony in medical liability cases is credible, enhancing accountability in the healthcare system and potentially leading to better legal outcomes for patients.

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NEWS RELEASES HELPFUL LINKS Introduced Version « House Bill 4218 History OTHER VERSIONS  —  Committee Substitute  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Committee Substitute « House Bill 4218 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced House Bill 4218 By Delegates Ellington, Summers Householder, Rohrbach, Sobonya, Criss, Hollen and Frich [Introduced January 19, 2018;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for House Bill 4218 By Delegates Ellington, Summers Householder, Rohrbach, Sobonya, Criss, Hollen and Frich [Reported Down February 22, 2018;
setting out requirement for an expert who signs a certificate of merit;
clarifying the required qualifications and basis for an expert who signs the screening certificate of merit.  Be it enacted by the Legislature of West Virginia:
allowing for admissibility of certificate of merit in actions against health care providers;
and allowing testimony in a judicial proceeding or by deposition upon issuing a certificate of merit.  Be it enacted by the Legislature of West Virginia:
The screening certificate of merit shall be executed under oath by a health care provider qualified as an expert under the West Virginia rules of evidence.
The screening certificate of merit shall be executed under oath by a health care provider qualified as an expert under the West Virginia rules of evidence:
(2) the expert’s qualifications;
(2) the expert’s qualifications a brief recitation of the expert’s knowledge, skill, experience, training, or education which forms the basis for his/her familiarity with the applicable standard of care;
and (4) the expert’s opinion as to how the breach of the applicable standard of care resulted in injury or death:
and (4) the expert’s opinion as to how the breach of the applicable standard of care resulted in injury or death:  Provided, That the healthcare provider submitting a screening certificate of merit in accordance with the provisions of this section must also qualify as an expert pursuant to the provisions of §55-7B-7 of this code.  A separate screening certificate of merit must be provided for each health care provider against whom a claim is asserted.
 Provided, That the healthcare provider submitting a screening certificate of merit in accordance with the provisions of this section must also qualify as an expert pursuant to the provisions of §55-7B-7 of this code.
 A separate screening certificate of merit must be provided for each health care provider against whom a claim is asserted.
  NOTE:
The purpose of this bill is to update the requirements of a certificate of merit.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. To Health and Human Resources

  2. To Health and Human Resources then Judiciary

  3. Introduced in Senate

  4. House Message received

  5. Communicated to Senate

  6. Passed House (Roll No. 233)

  7. Read 3rd time

  8. On 3rd reading, Special Calendar

  9. Read 2nd time

  10. On 2nd reading, Special Calendar

  11. Read 1st time

  12. On 1st reading, Special Calendar

  13. By substitute, do pass

  14. To House Judiciary

  15. With amendment, do pass, but first to Judiciary

  16. To House Health and Human Resources

  17. Introduced in House

  18. To Health and Human Resources then Judiciary

  19. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 144 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (144)

144 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 99 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Republican 26000
Democrat 4000
Total 99001
% of votes cast 99%0%0%1%
How each member voted (100)
Member Party Vote
Lane — Yea
Romine, C. — Yea
Romine, R. — Yea
Foster — Yea
Blair — Yea
Martin — Yea
Maynard — Yea
Atkinson — Yea
Bates — Yea
Boggs — Yea
Brewer — Yea
Fast — Yea
Ferro — Yea
Folk — Yea
Frich — Yea
Kessinger — Yea
Longstreth — Yea
Love — Yea
Lynch — Yea
Rowan — Yea
Rowe — Yea
Shott — Yea
Sobonya — Yea
Sypolt — Yea
Hartman — Yea
Thompson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Phillips — Yea
Evans, A. — Yea
Speaker Armstead — Yea
Evans, E. — Yea
Byrd — Yea
Canestraro — Yea
Capito — Yea
Cowles — Yea
Deem — Not Voting
Espinosa — Yea
Hamrick — Yea
Hicks — Yea
Higginbotham — Yea
Hollen — Yea
Iaquinta — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Robinson — Yea
Sponaugle — Yea
Storch — Yea
Upson — Yea
Wagner — Yea
Westfall — Yea
Ambler — Yea
Caputo — Yea
Fleischauer — Yea
Graves — Yea
Harshbarger — Yea
Hill — Yea
Householder — Yea
Isner — Yea
Lovejoy — Yea
Marcum — Yea
Miley — Yea
Moye — Yea
Pyles — Yea
Rodighiero — Yea
Summers — Yea
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors HB 4218?
HB 4218 is sponsored by Householder, Matthew Rohrbach (Republican), Vernon Criss (Republican), Frich, Summers, Sobonya, Hollen, and Joe Ellington (Republican).
What is the current status of HB 4218?
This bill died with 2018 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4218?
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Last checked for changes 3 months ago · updated continuously

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