Document Znmpg7XZJBqZ5DmLOYrn35DxV

"* ' .......... I ' --. . , ... I. s,~ ' - v * 7 i:-* ' COMMITTEE SUBSTITUTE FOR H. B. 1228 ( By Mr. Tucker and Mr. Hutchinson) (Originating in the Committee on the Judiciary) "i:- I. ;*... 'v * * f) * r : . .,M A BILL to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-eight, relating to reports concerning veterans who may have been exposed to certain chemical defoliants or herbicides" or other causative agents and assistance to those veterans; providing definitions; reports made to West Virginia state department of health; re ports b y 1department of health; confidentiality of reports; physician or hospital to be immune from civil or criminal liability; attorney general authorized to represent veterans in. class action suit; institution of assistance'programs authorized if funding is available; providing dates for application by EXHIBIT B , rnm I r t n WirtM iU&uii; V i f TTl V * W ? t ritt: '# ** i J. . i& L iv--*: f^ ` ...... ......... .".I ***" ;^:-ss*i!:;';/:'"" ' . -I-* ...- ; - , i* , .' .i .- ... .. 1 ' ll ' r , , *? * ........................... . -j *;* ' 1 /, . ... . t Com. Sub. for H. B. 1228] 2 veterans; and termination of programs and 'duties of t^e de partment of health. Be it enacted by the Legislature of West Virginia: That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twenty-eight, to read as follows: ARTICLE 28. AGENT ORANGE CLAIMS. 16-28-1. Definitions. 1 In this article: 2 (a ) "Veteran'* means a person who was a resident of this 3 4 5 6 7 8 (b ) "Agent Orange" means the herbicide composed pri- 9 10 11 12 16- r~ r w ... i ...... ..... * * * %4 Ti * "< ' , . ** :.t . i ; : W. m ; :..... . - . ^ ' f'!?= Uk ' 1 (a) A physician who has primary responsibility for treat2 ing a veteran who believes be may have been exposed to 3 chemical defoliants or herbicides or other causative agents, 4 including agent orange, while serving in the armed forces of 5 the United States, shall, at the request of the veteran, sub6 mil a report to the department on a form provided by the 7 department. If there is no physician having primary respon8 sibility for treating the veteran, the hospital treating the veteran 9 shall, at the request of the veteran, submit the report to the 10 department. 11 (b) The form provided by the department to the physician 12 shall request the following information: 13 ( 1 ) Symptoms of the veteran which may be related to ex14 posure to a chemical defoliant or herbicide or other causative 15 agent, including agent orange; 16 (2) Diagnosis of the veteran; and 17 (3) Methods of treatment prescribed. 18 (c) The department may require the veteran to provide 19 such other information as determined by the director. 16-28-3. Reports by the department. 1 (a) The department, in consultation and cooperation with r _____ _ , , ' J : y 1 " 1 . . . ..... . . *' . .* ... . . i *--................ .... --J * : : i! : `.-t , f 1 . *;* '. :.\. . . :*;-.i *:f *('';** :"^Iv ` : : * ........ * .............. i . .. ':*::.**:**V. . . ' Com. Sub. for H. B. 1228] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 W 7njftm voati* !#.m tffi fin l': :;*'*r Qf ft O V "** -m- .*., . -. I -I 5 [Com. Sub. for H. B. 1228 23 this section. 16-28-4. Confidentiality. ; \ `' 1 The identity of a veteran about whom a report has been 2 made under section two or three of this article may not be 3 disclosed unless the veteran consents to the disclosure. Sta- 4 tistical information collected under this article is public in- 5 formation. 16-28-5. Immunity from liability. 1 A physician or a hospital subject to the provisions of this 2 article who complies with this article may not be held civilly 3 or criminally liable for providing the information required 4 by this article. 16-28-6. Class action representation by attorney general. 1 The attorney general may represent a class of individuals 2 composed of veterans who may have been injured because 3 of contact with chemical defoliants or herbicides or other 4 causative agents, including agent orange, in a suit for re- 5 lease of information relating to exposure to such chemicals 6 during military service and for release of individual medical 7 records. 16-28-7. Assistance programs. *':l:i::i.;:;!:::? .'; ili. J i ..... : 7 r.rrv;:.;.*:::* *f ....... ................... I r * :J i'"*1*5.^ .... _ i i`l-;:.-i*-::*<* -J t ..... . . . . . ; 4 =; vT. 1; ^ . .*,\..:.../...1.-......... 4 :. *?:--*.*; ., J 1# i- Com. Sub. for H. B. 1228] 1 (a) The department, to the extent the director determines 2 .. _ .. . 3 4 5 6 7 8 9 (1) Refer veterans to appropriate state and federal agencies IO II 12 13 14 (2) Provide veterans with fat tissue biopsies, genetic coun- 15 16 17 18 I9 20 21 IpmS |r > f ' t- - 0 * ! -- *v i f : : s' *. a * * ......... s' ; *L> it 7 [Com. Sub. for H. B. 1228 $16-28-8. Application. ' t` 1 Sections two and three of this article apply to all cases 2 of veterans treated on or after the first day of January, 3 one thousand nine hundred eighty-two, for symptoms typical 4 of a person who has been exposed to a chemical defoliant 5 or herbicide or any other causative agent, including agent 6 orange. Sections six and seven of this article apply to all 7 veterans. $16-28-9. Termination of programs and duties. 1 If the director of the department of health determines that 2 an agency of the federal government is performing the referral 3 and screening functions required by section seven of this 4 article, the director may discontinue any program required 5 by this article or any duty required of a physician or hos6 pital under this article. NOTE The purpose of this bill is lo assist Vietnam veterans in making claims for evpo'iire lo chemical defoliants or herbicides such as Agent Orange. I i . .. ... : * . !?: .no...: -- C_641