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Access to patient health care records – Wis. Stat. Ann. § 146.83

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Patients or individuals authorized by the patient have the right to inspect a health care provider’s records of that patient during regular business hours upon submitting a statement of informed consent. The provider must note the time and date of each such request, the name of the inspecting person, the time and date of inspection, and identify the records released for inspection. 

If a person requests copies of a patient's health care records, the provider must furnish those copies upon receipt of the patient's informed consent and payment of the applicable fee, which may include:

  • For paper copies, $1 per page for pages 1-25, $0.75 per page for pages 26-50, and $0.50 for pages 51-100, and $0.30 per page for pages 101 and above; 
  • For microfiche or microfilm copies, $1.50 per page;
  • For a print of an x-ray, $10 per image;
  • If the requestor is not the patient or a person authorized by the patient, a single $8 charge for certification of copies;
  • If the requestor is not the patient or a person authorized by the patient, a single $20 retrieval fee for all copies requested; and
  • Actual shipping costs and any applicable taxes. 

If the department requests copies of records for use in determining eligibility for social security disability insurance or supplemental security income, or a patient or authorized person is requesting the records to appeal a denial of such benefits, the provider may only charge the amount that the federal social security administration reimburses the department for copies of patient health care records. If a patient is eligible for medical assistance, a provider (other than the department or department of corrections) may only charge a patient or authorized person 25% of the applicable fee described above, and may require proof of eligibility before providing copies at this reduced charge. A provider may charge 100% of the applicable fee for providing an additional set of copies for a patient who is eligible for medical assistance. 

A patient's health care provider must be provided with a patient's health care records upon request and submission of a statement of informed consent, and may charged reasonable costs for such provision.

No person may intentionally falsify a patient health care record, withhold or conceal a patient medical record, or intentionally damage or destroy a record to obstruct or prevent an investigation or prosecution. 

Current as of June 2015