Disclosure without informed consent – Wis. Admin. Code DHS §92-04

Disclosure without informed consent

The following instances allow for the disclosure of treatment records without the patient's informed consent:

• For management audits, financial audits, or program evaluation and monitoring;
• For billing or collection purposes;
• Research purposes;
• Pursuant to a lawful court order;
• Progress determination and adequacy of treatment;
  • Records may be made accessible to the department and board staff to determine progress and adequacy of treatment and to make a determination about transfer or release
• To members of the parole board, special review board for sex crimes, employees of the juvenile offender review program and members of juvenile corrections reception center's planning and review committee.
• Treatment records maintained within a facility as computerized records can only be made available to treatment staff in the facility;
• Students must be supervised by facility staff while handling confidential information
• Records can only be removed from facility by staff directly involved in treatment or as required by the law;
• Qualified department of health services staff may have access to treatment records;
• To a physician or provider during a medical emergency;
• During the transfer of an involuntarily committed person;
• Probation or parole agencies, but only the parole agent or probation officer or social worker may have access to these records;
• Patient's counsel, guardian ad litem or court appointed examiner;
• Between sub-units within the department of human services;
• When disclosure is between a social services department and a 51-board
• To law enforcement only to allow law enforcement to return a patient who has escaped to a treatment facility, and even then only certain kinds of information may be disclosed;

Patient informed consent is required in the following instances:

• Release of information to 3^rd party payers;
• Unsigned subpoena is not sufficient for unauthorized disclosure;
• To federal, state, or local agency conducting pre-employment or other clearances;

Access by law enforcement when granted access through informed consent must be limited to specific circumstances;