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2013 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-88.2 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-88.2. Evidence of medical reports or records; testimony of health care provider or custodian of records.
In a civil suit tried in a general district court or appealed
to the circuit court by any defendant to recover damages for personal injuries
or to resolve any dispute with an insurance company or health care provider,
either party may present evidence as to the extent, nature, and
treatment of the injury, the examination of the person so injured, and
the costs of such treatment and examination by a the following:
1. A report from the treating or examining health care
provider as defined in § 8.01-581.1 and the records of a hospital or similar
medical facility at which the treatment or examination was performed. Such
medical report shall be admitted if the party intending to present evidence by
the use of a report gives the opposing party or parties a copy of the report
and written notice of such intention 10 days in advance of trial and if
attached to such report is a sworn statement of the treating or examining
health care provider that: (i) the person named therein was treated or
examined by such health care provider; (ii) the information contained in the
report is true and accurate and fully descriptive as to the nature and extent
of the injury; and (iii) that any statement of costs contained in the
report is true and accurate.; or
2. The records or bills of a hospital or similar medical
facility at which the treatment or examination was performed. Such hospital
or other medical facility record records or bills shall be
admitted if (i) the party intending to present evidence by the use of
records or bills gives the opposing party or parties a copy of the records or
bills and written notice of such intention 10 days in advance of trial and (ii)
attached to it the records or bills is a sworn statement of the
custodian thereof that the same is a true and accurate copy of the record
records or bills of such hospital or other medical facility.
If, thereafter, the plaintiff or defendant summons the health
care provider or custodian making such statement to testify in proper person or
by deposition taken de bene esse, the court shall determine which party
shall pay the fee and costs for such appearance or depositions, or may
apportion the same among the parties in such proportions as the ends of justice
may require. If such health care provider or custodian is not subject to
subpoena for cross-examination in court or by a deposition de bene esse,
then the court shall allow a reasonable opportunity for the party seeking the
subpoena for such health care provider or custodian to obtain his testimony as
the ends of justice may require.