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Legal News Archives

MORE WEST VIRGINIA EMPLOYEES MAY SOON BE DRUG TESTED

Employers in West Virginia may soon get more freedom to drug test their employees. That is the intent of the "West Virginia Safer Workplaces Act," which passed the House of Delegates on March 23, 2017, and is now awaiting action in the Senate.

Senate Bill 338 - Related to Medical Professional Liability

Senate Bill 338 was introduced February 16, 2017 and amends several statutory provisions of the West Virginia Medical Professional Liability Act ("MPLA"). W. Va. Code § 55-7B-1 et seq.

Senate Bill 55 - Admissibility of Evidence for the Use or Nonuse of Safety Belt in a Civil Action

Senate Bill 55, introduced on February 8, 2017 and referred to the Senate Judiciary Committee. Senate Bill 55 seeks to amend and reenact §17C-15-49 of the West Virginia Code relating to the use, misuse or nonuse of a safety belt as admissible evidence in a civil action for damages.

HB 2345, SB195, SB196 and SB 254 Put Licensing Boards on the Chopping Block

Several Bills have been introduced that would eliminate certain healthcare licensing boards. They are: House Bill 2345, eliminating the State Board of Examiners for Licensed Professional Nurses; Senate Bill 195, eliminating the Medical Imaging and Radiation Therapy Board; Senate Bill 196, eliminating the Massage Therapy Licensing Board; and Senate Bill 254, eliminating the Nursing Home Administrators Board.

Senate Bill 287 - More Proposed Legislation to Address Medical Monitoring Claims

On February 14, 2017, State Senators Blair and Azinger introduced Senate Bill 287 to create a new Code section dealing with Medical Monitoring. It is similar to another Bill, introduced by Senators Trump and Weld that I previously discussed here, SB 236.

House Bill 2145/Senate Bill 47 - Permitting Employers to Discriminate Against Tobacco Users

Since 1992, West Virginia has prohibited employers, public and private, from discriminating against any job applicant or employee in the "compensation, terms, conditions and privileges of employment" based on that individual's use of "tobacco products off the premises of the employer during nonworking hours."

Senate Bill 236 - Limiting Medical Monitoring Damages, When They are Paid and Providing a Refund When Monies Not Used

In another effort at tort reform, Senate Bill 236 seeks to limit medical monitoring damages that can be awarded, how monies will be paid and when monies will be returned to defendants who have paid medical monitoring damages.

House Bill 2159 - Establishing a Claim for Bullying in the Workplace

The issue of bullying has come front and center in recent years, especially with the widespread use of social media and the ability of a person or people to, either directly or anonymously, threaten, demean, or humiliate others.

House Bill 2301 - A Form of Concierge Medicine for West Virginia

In the 2006 Regular Legislative Session, the Legislature enacted the West Virginia Preventive Care Pilot Program, Chapter 16, Article 2J of the West Virginia Code. The purpose of the pilot program was to test the feasibility of patients obtaining direct primary and preventative care from healthcare providers for a pre-paid retainer outside of the traditional health insurance model.

House Bill 2006 - Enhanced Penalties for Retaliation Against Whistle-blowers

West Virginia has enacted legislation designed to protect "whistle-blower" employees of the State and its political subdivisions from retaliation and allows such an employee to bring a civil action for redress if the State or a political subdivision discharges, threatens or otherwise discriminates or retaliates against an employee because the employee makes a good faith report to the employer or an appropriate authority of instances of wrongdoing or waste by a governmental entity.