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- WV pathologists, CAP defeat genetic privacy bill
The West Virginia Association of Pathologists (WVAP) and the CAP stopped adverse genetic privacy legislation that threatened routine pathology and lab practice.
Background: We opposed House Bill 5034, the “West Virginia Genetic Information Privacy Act,” and pushed for a clear health care exemption to protect pathologists and clinical laboratories from new legal risk.
The impact: HB 5034 did not pass this legislative session.
- Pathologists and clinical laboratories in West Virginia avoided new consent and data-handling requirements that could have delayed patient care.
- Routine collection, use, and disclosure of genetic data for diagnosis and treatment remain protected under existing HIPAA rules.
We highlighted to lawmakers that the proposed exemption in the bill fails to fully cover entities and business associates under HIPAA. It also doesn’t adequately exempt related health information from the bill’s strict requirements.
- Pathologists who collect, use, and disclose genetic data may therefore face legal risk without obtaining additional informed consent from patients.
What’s next: The CAP and state pathology societies will continue advocating for stronger, HIPAA-based exemptions to protect patient access and timely care.
Go deeper: Read WVAP’s letter opposing the bill.