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Statutory Interpretation – Patient Health Care Records Access

By: Derek Hawkins//March 16, 2022//

Statutory Interpretation – Patient Health Care Records Access

By: Derek Hawkins//March 16, 2022//

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WI Court of Appeals – District II

Case Name: John Schuler v. Schubbe Family Chiropractic, Ltd.,

Case No.: 2020AP1753

Officials: Gundrum, P.J., Neubauer and Reilly, JJ.

Focus: Statutory Interpretation – Patient Health Care Records Access

John Schuler’s attorneys were charged $29.79 for “certification” and “retrieval fee[s]” on March 21, 2017, by Schubbe Family Chiropractic, Ltd. (Schubbe) for requested healthcare records under WIS. STAT. § 146.83 (2019-20). Schuler argues the charges violated WIS. STAT. § 146.84. The circuit court granted Schubbe’s motion to dismiss Schuler’s complaint. We affirm, as the charges were made after our release of Moya v. Aurora Healthcare, Inc., 2016 WI App 5, 366 Wis. 2d 541, 874 N.W.2d 336 (Moya I), and prior to our supreme court’s reversal of Moya I in Moya v. Aurora Healthcare, Inc., 2017 WI 45, 375 Wis. 2d 38, 894 N.W.2d 405 (Moya II).

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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