2017 Wisconsin Statutes & Annotations
Chapter 146. Miscellaneous health provisions.
146.816 Uses and disclosures of protected health information.

Universal Citation: WI Stat § 146.816 (2017)

146.816 Uses and disclosures of protected health information.

(1) In this section:

(a) “Business associate" has the meaning given in 45 CFR 160.103.

(b) “Covered entity" has the meaning given in 45 CFR 160.103.

(c) “Disclosure" has the meaning given in 45 CFR 160.103 and includes redisclosures and rereleases of information.

(d) “Health care operations" has the meaning given in 45 CFR 164.501.

(e) “Payment" has the meaning given in 45 CFR 164.501.

(f) “Protected health information" has the meaning given in 45 CFR 160.103.

(g) “Treatment" has the meaning given in 45 CFR 164.501.

(h) “Treatment facility" has the meaning given in s. 51.01 (19).

(i) “Use" has the meaning given in 45 CFR 160.103.

(2)Sections 51.30 (4) (a) and (e) and 146.82 and rules promulgated under s. 51.30 (12) do not apply to a use, disclosure, or request for disclosure of protected health information by a covered entity or its business associate that meets all the following criteria:

(a) The covered entity or its business associate makes the use, disclosure, or request for disclosure in compliance with 45 CFR 164.500 to 164.534.

(b) The covered entity or its business associate makes the use, disclosure, or request for disclosure in any of the following circumstances:

1. For purposes of treatment.

2. For purposes of payment.

3. For purposes of health care operations.

(3) A covered entity that is a treatment facility shall comply with the notice of privacy practices obligations under 45 CFR 164.520, including the obligation to include in plain language in the notice of privacy practices a statement of the individual's rights with respect to protected health information and a brief description of how the individual may exercise those rights including the right to request restrictions on uses and disclosures of protected health information about the individual to carry out treatment, payment, or health care operations as provided in 45 CFR 164.522.

(4) The department shall make a comprehensive and accessible document written in commonly understood language that explains health information privacy rights available to all applicable health care facilities in the state and on the department's Internet site.

History: 2013 a. 238.

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