The limitations set forth in this article do not apply to any of the following unless the contract terms provide otherwise:

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Terms Used In West Virginia Code 47-11E-4

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Employer: means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state. See West Virginia Code 47-11E-1
  • Physician: means a doctor of allopathic or osteopathic medicine who is fully licensed to practice medicine and surgery pursuant to the provisions of either article three or fourteen, chapter thirty of this code. See West Virginia Code 47-11E-1

(1) In the case where the physician has sold his or her business or practice in the form of a sale of assets, stock, membership interests or otherwise to his or her employer; or

(2) To contracts between physicians who are shareholders, owners, partners, members or directors of a health care practice.