West Virginia Health Care Law

In November of 2023, the Intermediate Court of Appeals of West Virginia (“ICA”) found that urine collection during a random, employer-mandated drug screening was not “health care” under the West Virginia Medical Professional Liability Act (“MPLA”).  The ICA’s decision, albeit limited by the facts of the case, represents a slight departure in the trend of West Virginia courts broadly defining “health care” under the MPLA. It remains to be seen whether the nuances of this analysis will affect other healthcare providers facing the prospect of litigation for ...