2005 West Virginia Code - §9-5-11b. — Release of information.

§9-5-11b. Release of information.
(a) All recipients of medical assistance under the medicaid program shall be deemed to have authorized all third parties including, but not limited to, insurance companies and providers of medical care, to release to the department of health and human resources information needed by the department to secure or enforce its rights as assignee under this chapter.
(b) Every insurer and provider of medical care shall furnish records or information pertaining to the coverage of any individual or the medical benefits paid or claims made under a policy or obligation, if the department of health and human resources:
(1) Requests the information in writing; and
(2) Certifies that the individual is an applicant for or recipient of medical assistance or is an individual who is legally responsible for an applicant or recipient. The department of health and human resources may request only the records or information necessary to determine if insurance benefits have been or should have been claimed or paid with respect to items of medical care and services that were received by a particular individual and or which medical assistance coverage would otherwise be available.
(c) The insurance commissioner shall establish guidelines for information requests pursuant to this section.