ACCESS TO PATIENT HEALTH CARE RECORDS
Referenced in Student Records and Confidentiality, Questions 12 and 22.
(Section 146.83, Wisconsin Statutes)
Wisconsin law requires a health care provider to provide each patient with a statement of access rights to patient health care records. The statement must be provided either upon admission to an in-patient health care facility or upon the first provision of services by the health care provider. The law provides that if the patient or other person submits a statement consenting to the disclosure of information from patient health care records, the patient or person may:
- after providing reasonable notice, inspect the health care records of a health care provider relating to that patient at any time during regular business hours.
- after payment of reasonable costs, receive a copy of the patient's health care records.
- after payment of reasonable costs, receive a copy of the heath care provider's X-ray reports or have the X-rays referred to another health care provider of the patient's choice.
The statement consenting to the disclosure of information from patient health care records must be written and include all of the following: the name of the patient whose record is being disclosed; the type of information to be disclosed; the types of health care providers making the disclosure; the purpose of the disclosure; the party to whom disclosure may be made; the signature of the patient or person authorized by the patient; and if signed by a person authorized by the patient, the relationship of that person to the patient or the authority of the person.
The health care provider must note the time and the date of each request by a patient or person authorized by the patient to inspect the patient's health care records. Also the health care provider must note the name of the inspecting person, the time and date of inspection, and the records released for inspection.
A parent who has been denied periods of physical placement by a court in an action relating to annulment, divorce, or legal separation does not have the rights of a parent or guardian with respect to access of that child's patient health care records.
No person may do any of the following:
- Intentionally falsify a patient health care record.
- Conceal or withhold a patient health care record with intent to prevent its release to the patient, to his or her guardian, or to a person with the informed written consent of the patient, or obstruct an investigation or prosecution.
- Intentionally destroy or damage records in order to prevent or obstruct an investigation or prosecution.