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Violations related to patient health care records – Wis. Stat. Ann. § 146.84

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Any person who negligently violates the provisions governing access to or confidentiality of patient medical records will be liable to the injured party for up to $1,000, plus costs and attorney's fees. Any person who knowingly or willfully violates these provisions will be liable to the injured party for up to $25,000, plus costs and attorney's fees. An individual may bring an action to enjoin a violation of these provisions, or to compel compliance, and may bring an action for damages in the same suit.

Anyone who requests or obtains confidential information from a patient's health care records under false pretenses, discloses confidential information with knowledge that the disclosure is unlawful and is not reasonably necessary to protect another from harm, intentionally falsifies a health care record, unlawfully conceals or withholds a patient health care record, or intentionally destroys or damages a health care record to prevent or obstruct an investigation or prosecution may be fined up to $25,000 and/or imprisoned for up to 9 months.

Anyone who negligently discloses confidential information in violation of the provisions governing confidentiality of patient health care records will be subject to a $1,000 forfeiture per violation. Anyone who intentionally discloses confidential information in violation of such provisions, knowing that the information is confidential and disclosing the information for purposes of financial gain, may be fined up to $100,000 and/or imprisoned for up to 3.5 years. 

These provisions do not apply to violations of a nursing home or facility patient's right to confidentiality of his or her records. 

 


Current as of June 2015