Banuelos v University of Wisconsin Hospitals & Clinics Authority
In November 2021, an amicus curiae brief was filed by Sara J. MacCarthy, Stephane P. Fabus, Heather D. Mogden, and Hall, Render, Killian, Heath & Lyman, P.C., Milwaukee, for the Wisconsin Health Information Management Association, Inc., the Wisconsin Hospital Association, Inc., the Wisconsin Medical Society, Inc., the Wisconsin Dental Association, Inc., LeadingAge Wisconsin, Inc., the Rural Wisconsin Health Cooperative, and the Wisconsin Health Care Association/Wisconsin Center for Assisted Living to the Wisconsin Supreme Court in support of the defendant’s position.
Banuelos claimed that she was unlawfully charged per-page fees for copies of her UW Hospitals medical records which were provided in an electronic format. UW Hospitals argued that section 146.83(3f) is silent as to fees for electronic copies of patient healthcare records and does not prohibit a healthcare provider from charging fees for providing such copies. Banuelos argued that because fees for electronic copies are not enumerated in the statutory list of permissible fees that a healthcare provider may charge, the fees charged here are unlawful under state law. The court of appeals agreed with Banuelos and determined that Wis. Stat. 146.83(3f) does not permit a healthcare provider to charge fees for providing copies of patient healthcare records in an electronic format.
The Wisconsin Supreme Court affirmed. Although section 146.83(3f) provides for the imposition of fees for copies of medical records in certain formats, it does not permit healthcare providers to charge fees for patient records in an electronic format. Although Wisconsin statutes previously permitted a charge for the provision of electronic copies of patient health care records, that language has been repealed.
The WHIMA Policy, Advocacy, and Legislative (PAL) Team will keep the membership informed of possible activities regarding copy fees.