West Virginia Code § 16-29G-5

Immunity from suit; limitation of liability
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The network is not a health care provider and is not subject to claims under article seven-b,
chapter fifty-five of this code. No person who participates or subscribes to the services or
information provided by the network is liable in any action for damages or costs of any
nature, in law or equity, which result solely from that person's use or failure to use network
information or data that was imputed or retrieved in accordance with the Heealth Insurance
Portability and Accountability Act of 1996 and any amendments and regulations under the
act, state confidentiality laws and the rules of the network as approvedr by the Health Care
Authority. In addition, no person is subject to antitrust or unfair competition liability based
on membership or participation in the network, which provides an essential governmental
function for the public health and safety and enjoys state action immunity.

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