Electronic Health Records Charges

Listen to this article

WI Court of Supreme Court

Case Name: Beatriz Banuelos v. University of Wisconsin Hospitals and Clinics Authority

Case No.: 2020AP001582

Officials: Ann Walsh Bradley, J.

Focus: Electronic Health Records Charges

The petitioner, University of Wisconsin Hospitals and Clinics Authority (UW Hospitals), seeks review of a court of appeals opinion reversing and remanding the circuit court’s dismissal of Beatriz Banuelos’s complaint for failure to state a claim upon which relief can be granted. Banuelos contends that she was unlawfully charged per page fees for copies of her medical records which were provided in an electronic format. The court of appeals agreed and determined that Wis. Stat. § 146.83(3f) (2017-18)2 does not permit a health care provider to charge fees for providing copies of patient health care records in an electronic format.

UW Hospitals argues, in essence, that the court of appeals erred because Wis. Stat. § 146.83(3f) is silent as to fees for electronic copies of patient health care records. Accordingly, it does not prohibit a health care provider charging fees for providing such copies. And thus, Banuelos’s complaint alleging unlawful and excess charges fails to state a claim upon which relief can be granted.

The supreme court rules that although Wis. Stat. § 146.83(3f) provides for the imposition of fees for copies of medical records in certain formats, it does not permit health care providers to charge fees for patient records in an electronic format.

Affirmed

Decided 04/04/23

Full Text