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WV genetic privacy bill draws concern, fails to advance

An adverse genetic privacy bill did not receive committee consideration, following advocacy from the West Virginia Association of Pathologists (WVAP) and the CAP.  

Why it matters: Protecting pathologists and clinical laboratories from stringent legal requirements is crucial to ensuring uninterrupted patient care and medical practice.  

  • The bill's failure preserves the ability of pathologists to conduct routine genetic analysis without undue legal challenges.  

What happened: On March 20, WVAP, with support from the CAP, voiced strong concerns about the bill's unintended impact on health care, particularly regarding HIPAA exemptions.  

  • The WVAP submitted comments saying, "The proposed exemption... does not fully exempt covered entities and business associates under [HIPAA] and related health information from the stringent requirements of the bill. Pathologists who routinely collect, utilize, and disclose genetic data may be at legal risk without additional informed consent from the patient."  

What's next: The CAP and WVAP remain committed to advocating for robust legislation that fortifies HIPAA exemptions and protects pathologists' essential work. 

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