HB4344 creates the “Michael Brandon Cochran Act” and adds a new article to the West Virginia Code requiring certain hospitals to perform C-peptide (connecting peptide) insulin testing in specific intensive care unit situations. If a patient in an ICU is unconscious or has hypoglycemia with a blood glucose level of 49 mg/dl or less, the hospital must administer the test regardless of whether the patient has a known diagnosis of diabetes, insulin resistance, or pancreatic disease. The bill also requires a post-mortem C-peptide test when a patient dies after ICU treatment and had symptoms suggesting possible hypoglycemia-related injury, such as seizures, disorientation, blurred vision, shakiness, paleness, or lack of coordination.
The bill establishes enforcement and funding mechanisms. Hospitals that fail to comply would be subject to a $10,000 fine per violation imposed by the Office of Health Facility Licensure and Certification (OHFLAC). At the same time, the bill creates the Michael Brandon Cochran Grant Program and a special revenue fund administered by the Department of Health Facilities to help hospitals pay for testing and staff training related to hypoglycemia recognition and C-peptide testing. The fund may receive private donations and other moneys, and unused balances would remain available for the program rather than reverting to general revenue.
Impact
The bill would add a new chapter of statutory duties for hospitals and ICU providers in West Virginia, specifically mandating diagnostic testing in cases of unconsciousness or severe hypoglycemia and creating a post-mortem testing requirement in certain death investigations. It would also expand the regulatory role of OHFLAC by authorizing civil fines for noncompliance and assign the Department of Health Facilities responsibility for administering grants and a dedicated special revenue fund. Affected parties include hospitals, ICU staff, regulators, and potentially families seeking clarity about hypoglycemia-related injuries or deaths.
Sentiment
The available materials suggest the bill is framed as a patient-safety and accountability measure, with a strong emphasis on identifying possible hypoglycemia-related harm and ensuring hospitals have the tools to comply. The creation of a grant program indicates an effort to offset compliance costs and may reflect an attempt to make the mandate more acceptable to hospitals. No committee transcripts or votes are provided, so there is no recorded debate or formal vote history to indicate broader legislative support or opposition.
Contention
The main points of contention are likely to be the mandatory testing requirement, the automatic fine for noncompliance, and whether the state should impose a new diagnostic obligation on hospitals in emergency and ICU settings. Hospitals and healthcare providers may be concerned about cost, workflow, medical judgment, and liability, while supporters would likely argue that the testing is necessary to detect missed hypoglycemia events and improve patient outcomes. The grant program appears designed to address cost concerns, but the bill still places a direct enforcement burden on hospitals and regulators.
Urging statewide efforts to promote C-peptide testing education and training initiatives among critical care and emergency healthcare providers in Memory of Michael Brandon Cochran
To require all medical providers to orally explain any and all medical treatments and procedures and all possibilities for potential problems or complications or side effects to patients before proceeding with treatments.
Requiring all hospitals and medical offices to send a notice to all former or current patients when they turn 18, informing them that if they have had any negative or adverse side effects of a procedure that was performed on them as a child to contact the hospital or office to inform them of the issue