West Virginia Code § 14-2A-19a

Effect on physician, hospital and healthcare providers filing an
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assignment of benefits; tolling of the statute of limitations.
(a) As part of the order, the commission or a commissioner thereof, shall determine whether
fees are due and owing for health care services rendered by a physician, hospital or other
health care provider stemming from an injury received as defined under this article, and
further, whether or not the physician, hospital or other health care providere has been
presented an assignment of benefits, signed by the crime victim, authorizing direct
payments of benefits to the health care provider. If such fees are due arnd owing and the
health care provider has presented a valid assignment of benefits, the commission or a
commissioner thereof, shall determine the amount or amounts and shall cause such
reasonable fees to be paid out of the amount awarded the crime victim under this article
directly to the physician, hospital or other health care providter. The requirements of this
section shall be applicable to, and any such unpaid fees shall be determined and payable
from, the awards made by the Legislature at regular session, 1987, and subsequently:
Provided, That when a claim is filed under this section, the commission shall determine the
total damages due the crime victim, and where the total damages exceed the maximum
amount which may be awarded under this article, the amount paid the health care provider
shall be paid in the same proportion to which the actual award bears to the total damages
determined by the commission. In any case wherein an award is made which includes an
amount for funeral, cremation or burial expenses, or a combination thereof, the commission
shall provide for the payment directly to the provider or providers of such services, in an
amount deemed proper by thee commission, where such expenses are unpaid at the time of
the award.
(b) If the health care provider has filed an assignment of benefits, the provider shall aid the
crime victim in the d evelopment of his or her claim by providing the commission with the
amount of such fees as well as the amount of any portion of the fees paid the provider by the
crime victim directly or paid the provider for the crime victim by a collateral source.
(c) WWhether or not a health care provider has filed an assignment of benefits, the
commission shall disclose no information regarding the status of the claim to the provider:
Provided, That the commission shall promptly notify the provider of the final disposition of
the claim, if the provider is known to the commission.
(d) Whenever a person files a claim under this article, the statute of limitations for the
collection of unpaid fees paid for such health care services shall be tolled during the
pendency of the claim before the commission.

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