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Disclosure without informed consent – Wis. Admin. Code DHS §92-04

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Disclosure without informed consent

The following instances allow for the disclosure of treatment records without the patient's informed consent:

  • For management audits, financial audits, or program evaluation and monitoring;
  • For billing or collection purposes;
  • Research purposes;
  • Pursuant to a lawful court order;
  • Progress determination and adequacy of treatment;
    • Records may be made accessible to the department and board staff to determine progress and adequacy of treatment and to make a determination about transfer or release
  • To members of the parole board, special review board for sex crimes, employees of the juvenile offender review program and members of juvenile corrections reception center's planning and review committee.
  • Treatment records maintained within a facility as computerized records can only be made available to treatment staff in the facility;
  • Students must be supervised by facility staff while handling confidential information
  • Records can only be removed from facility by staff directly involved in treatment or as required by the law;
  • Qualified department of health services staff may have access to treatment records;
  • To a physician or provider during a medical emergency;
  • During the transfer of an involuntarily committed person;
  • Probation or parole agencies, but only the parole agent or probation officer or social worker may have access to these records;
  • Patient's counsel, guardian ad litem or court appointed examiner;
  • Between sub-units within the department of human services;
  • When disclosure is between a social services department and a 51-board
  • To law enforcement only to allow law enforcement to return a patient who has escaped to a treatment facility, and even then only certain kinds of information may be disclosed;

Patient informed consent is required in the following instances:

  • Release of information to 3rd party payers;
  • Unsigned subpoena is not sufficient for unauthorized disclosure;
  • To federal, state, or local agency conducting pre-employment or other clearances;

Access by law enforcement when granted access through informed consent must be limited to specific circumstances;

Current as of June 2015