HB 5649 West Virginia House of Delegates · 2026 Regular Session

Relating to confidentiality of certain records pertaining to adults and facility residents

HB 5649 clarifies when records about abuse, neglect, or financial exploitation of vulnerable adults (adults needing protection in facilities) can be shared. It allows disclosure to law enforcement, prosecutors, courts, victims, and their lawyers under specific conditions, while requiring redaction of identifying details for administrative hearings. The bill also sets strict rules for using these records in hearings: they must be disclosed only after a court order, with personal details removed unless relevant, and cannot be reused or shared outside the hearing. This directly affects vulnerable adults, protective services agencies, courts, and government entities handling abuse reports.

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Mar 2026

House of Delegates Passage

Mar 2026

Senate Passage

Governor

Introduced Feb 17, 2026 Last action Mar 5, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Engrossed Version · 7 edits · Mar 4, 2026

MODERATE

The bill was converted from an introduced draft to an engrossed version, incorporating significant substantive amendments to the confidentiality rules for adult protective services records. The changes expand who can access these records, including out-of-state agencies and professionals treating vulnerable adults, while adding strict protections for reporters of abuse. The text also clarifies procedures for using records in administrative hearings and judicial reviews.

Scope change

The scope of entities authorized to access confidential records was expanded to include out-of-state agencies and treating professionals, and the scope of protected information was extended to include the identity of reporters.

ELIGIBILITY

Added eligibility for employees or agents of another state's agency to access records if they have jurisdiction over abuse cases.

Added eligibility for professional persons (doctors, therapists) to access records when necessary for diagnosing or treating a vulnerable adult.

Added eligibility for department administrative hearing officers to access records when necessary to determine issues in a hearing.

REQUIREMENT

Added a new requirement that the identity of anyone reporting abuse cannot be released without their written consent, with specific exceptions for prosecutors and law enforcement.

Modified the list of entities allowed to receive summaries of substantiated reports to include the specific abuser, in addition to researchers and ombudsmen.

Added a new provision allowing the State Auditor's Office to access records concerning substantiated referrals of financial exploitation.

TECHNICAL

Corrected numbering errors and formatting inconsistencies from the draft version to align with standard legislative text.

Floor votes · House of Delegates Mar 4, 2026

How they voted

87–0

Passed · 12 other

Total votes 99

Mar 4, 2026

D Democratic9

7 Yea 2

77% Yea

R Republican90

80 Yea 10

88% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 5, 2026

Committee

To Judiciary

upper

Mar 5, 2026

Introduced

Introduced in Senate

upper

Mar 4, 2026

Lower · Passed

Passed House (Roll No. 336)

lower

Feb 27, 2026

Lower · Passed

Do pass

lower

Feb 17, 2026

Committee

To House Judiciary

lower

Feb 17, 2026

Introduced

Introduced in House

lower

Feb 17, 2026

Committee

To Judiciary

lower

1 primary · 0 co-sponsors