Statutory Interpretation – Wis Stat. §146.81

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WI Court of Appeals – District I

Case Name: 2014AP2236

Case No.: Carolyn Moya v. Healthport Technologies, LLC

Officials: Kessler and Brennan, JJ., and Daniel L. LaRocque, J., Reserve Judge.

Practice Areas: Statutory Interpretation – Wis Stat. §146.81

Aurora Healthcare, Inc. and HealthPort Technologies, LLC (collectively “HealthPort” except as needed) appeal from nonfinal orders denying HealthPort’s motion for summary judgment and denying its motion for reconsideration.  This case involves the construction and interpretation of WIS. STAT. §§ 146.81-146.83 (2013-14) to determine whether personal injury attorneys are exempt from the $8 certification and $20 retrieval fees under the health-records-fee statute, § 146.83(3f), when an attorney orders a client’s health care records with the client’s written permission. HealthPort claims the circuit court erred when it construed § 146.83(3f)’s “person authorized by the patient” language to include a personal injury attorney whose client signed a written HIPAA authorization giving permission to get the client’s medical records. HealthPort argues that the plain language of the statute, the context of the statute, and a recent amendment to the statute support its position that “person authorized by the patient” does not include a personal injury attorney whose client has signed a written form allowing the attorney to gather the client’s medical records. Because “person authorized by the patient,” as that term is defined by § 146.81(5) and used in § 146.83 does not include Moya’s attorney, we reverse the circuit court’s orders and remand with directions to grant HealthPort’s motions and dismiss Moya’s complaint.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.