Townsend v. ChartSwap, LLCAnnotate this Case
The Supreme Court reversed the decision of the court of appeals reversing the circuit court's dismissal of Plaintiff's claim against Defendant for unlawfully overcharging her for copies of her medical records, in violation of fee restrictions set forth in Wis. Stat. 146.83(3f), holding that the circuit court erred.
On appeal, Defendant argued that the statutory fee restrictions did not apply to it because it was not a healthcare provider, as statutory defined, and because principles of agency law did not impose personal liability on it for the fees at issue. The Supreme Court agreed and reversed, holding (1) Defendant was not a healthcare provider under a plain meaning interpretation of Wis. Stat. 146.81(1) and was therefore not subject to the fee restrictions in section 146.83(3f)(b); and (2) neither common law principles nor Wis. Stat. 990.001(9) set forth that an agent is personally liable for charging more for healthcare records than statutory permitted by its principal.