146.82 Confidentiality of patient health care records.
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146.82 Confidentiality of patient health care records.
(1)Confidentiality. All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient. This subsection does not prohibit reports made in compliance with s. 253.12
(2), 255.40 , or 979.01 ; records generated and disclosed to the controlled substances board pursuant to s. 961.385 ; testimony authorized under s. 905.04
(h); or releases made for purposes of health care operations, as defined in 45 CFR 164.501 , and as authorized under 45 CFR 164 , subpart E.
(2)Access without informed consent.
(a)Notwithstanding sub.
(1), patient health care records shall be released upon request without informed consent in the following circumstances:
1. To health care facility staff committees, or accreditation or health care services review organizations for the purposes of conducting management audits, financial audits, program monitoring and evaluation, health care services reviews or accreditation.
2. To the extent that performance of their duties requires access to the records, to a health care provider or any person acting under the supervision of a health care provider or to a person licensed under s. 256.15 , including medical staff members, employees or persons serving in training programs or participating in volunteer programs and affiliated with the health care provider, if any of the following is applicable:
a. The person is rendering assistance to the patient.
b. The person is being consulted regarding the health of the patient.
c. The life or health of the patient appears to be in danger and the information contained in the patient health care records may aid the person in rendering assistance.
d. The person prepares or stores records, for the purposes of the preparation or storage of those records.
3. To the extent that the records are needed for billing, collection or payment of claims.