146.81(1)(k)
(k) A cooperative health care association organized under
s. 185.981 that directly provides services through salaried employees in its own facility.
146.81(2)
(2) "Informed consent" means written consent to the disclosure of information from patient health care records to an individual, agency or organization that includes all of the following:
146.81(2)(a)
(a) The name of the patient whose record is being disclosed.
146.81(2)(c)
(c) The types of health care providers making the disclosure.
146.81(2)(d)
(d) The purpose of the disclosure such as whether the disclosure is for further medical care, for an application for insurance, to obtain payment of an insurance claim, for a disability determination, for a vocational rehabilitation evaluation, for a legal investigation or for other specified purposes.
146.81(2)(e)
(e) The individual, agency or organization to which disclosure may be made.
146.81(2)(f)
(f) The signature of the patient or the 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.
146.81(2)(h)
(h) The time period during which the consent is effective.
146.81(3)
(3) "Patient" means a person who receives health care services from a health care provider.
146.81(4)
(4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider; and all records made by an ambulance service provider, as defined in
s. 256.01 (3), an emergency medical technician, as defined in
s. 256.01 (5), or a first responder, as defined in
s. 256.01 (9), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. "Patient health care records" includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under
s. 302.388 (2). "Patient health care records" does not include those records subject to
s. 51.30, reports collected under
s. 69.186, records of tests administered under
s. 252.15 (5g) or
(5j),
343.305,
938.296 (4) or
(5) or
968.38 (4) or
(5), records related to sales of pseudoephedrine products, as defined in
s. 961.01 (20c), that are maintained by pharmacies under
s. 961.235, fetal monitor tracings, as defined under
s. 146.817 (1), or a pupil's physical health records maintained by a school under
s. 118.125.
146.81(5)
(5) "Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in
s. 48.02 (8) and
(11), the person vested with supervision of the child under
s. 938.183 or
938.34 (4d),
(4h),
(4m), or
(4n), the guardian of a patient adjudicated incompetent in this state, the personal representative, spouse, or domestic partner under
ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under
ch. 155 if the patient has been found to be incapacitated under
s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, "person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in
s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.
146.81 History
History: 1979 c. 221;
1981 c. 39 s.
22;
1983 a. 27;
1983 a. 189 s.
329 (1);
1983 a. 535;
1985 a. 315;
1987 a. 27,
70,
264;
1987 a. 399 ss.
403br,
491r;
1987 a. 403;
1989 a. 31,
168,
199,
200,
229,
316,
359;
1991 a. 39,
160,
269;
1993 a. 27,
32,
105,
112,
183,
385,
443,
496;
1995 a. 27 s.
9145 (1);
1995 a. 77,
98,
352;
1997 a. 27,
67,
75,
156,
175;
1999 a. 9,
32,
151,
180,
188;
2001 a. 38,
70,
74,
80,
89;
2005 a. 262,
387;
2007 a. 108;
2009 a. 28,
165,
209,
355.
146.81 Annotation
A letter written by a person not licensed as a health care provider under sub. (1) was not a record under sub. (4) prepared under the supervision of a health care provider under sub. (1) (j) when the person was employed by a corporation that employed health care professionals but the corporation's shareholders were not health care providers. Hart v. Bennet, 2003 WI App 231,
267 Wis. 2d 919,
672 N.W.2d 306,
02-2993.
146.81 Annotation
When a health care provider denied access to records on the ground that the patient was possibly incompetent to consent to the release of the records, it was obligated under sub.(5) to petition for a temporary guardian for the patient. Szymczak v. Terrace at St. Francis, 2006 WI App 3,
289 Wis. 2d 110,
709 N.W.2d 103,
04-2067.
146.815
146.815
Contents of certain patient health care records. 146.815(1)(1) Patient health care records maintained for hospital inpatients shall include, if obtainable, the inpatient's occupation and the industry in which the inpatient is employed at the time of admission, plus the inpatient's usual occupation.
146.815(2)(a)(a) If a hospital inpatient's health problems may be related to the inpatient's occupation or past occupations, the inpatient's physician shall ensure that the inpatient's health care record contains available information from the patient or family about these occupations and any potential health hazards related to these occupations.
146.815(2)(b)
(b) If a hospital inpatient's health problems may be related to the occupation or past occupations of the inpatient's parents, the inpatient's physician shall ensure that the inpatient's health care record contains available information from the patient or family about these occupations and any potential health hazards related to these occupations.
146.815(3)
(3) The department shall provide forms that may be used to record information specified under
sub. (2) and shall provide guidelines for determining whether to prepare the occupational history required under
sub. (2). Nothing in this section shall be construed to require a hospital or physician to collect information required in this section from or about a patient who chooses not to divulge such information.