Question:
Can I re-release health care records to a patient that were generated by another health care provider?

Answer:
Yes. Although many physician office and clinic policies restrict patient access to records prepared at a different clinic or office, neither Wisconsin law nor the HIPAA Privacy Rule dictates such a policy. The HIPAA Privacy Rule grants patients, with some exceptions, a right of access to inspect and obtain a copy of their protected health information that is maintained in a “designated records set,” which would normally include information prepared by another clinic or office. Wisconsin Statute § 146.82(5) allows a covered entity to redisclose records obtained under Wisconsin Statute § 146.82 without consent if the redisclosure is a release that is otherwise allowed by that section. Release of information to the patient (or the patient’s authorized representative) or to anyone else with the patient’s (or authorized representative’s) informed consent is clearly allowed under the statute. Under the statute, not only can information be re-released to the patient, it can also be redislcosed to others, even if it was obtained without consent, as long as the release is one that is already allowed by the statute (the statute now creates a uniform system for release of records without the patient’s consent, regardless of if the information is being “re-released” or released by the original creator).

Confusion exists in the area of re-release of records because, in the past, Wisconsin law prohibited re-releasing information that was received without the patient’s consent. However, when the patient or a person authorized by the patient sought information that was generated by another health care provider, understood that this information was available as part of the complete record, and specifically requested that the information be sent, it made little sense to refuse to release the records to the patient, even before the statutes were changed. As of March 31, 2008, the section of the Wisconsin statute that required those who receive health information without the patient’s consent to keep that information confidential and not disclose identifying information about the patient has been repealed, and the new language allowing broader redisclosure discussed above (Wis. Stat. § 146.82(5)) was added. When releasing or re-releasing patient records without the patient’s consent, clinics should review Wisconsin Statute § 146.82(2), along with the HIPAA Privacy Rule, to determine when such release is appropriate.

The above answer does not apply to mental health records.

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