Anyone who is receiving services for developmental disability, mental health, or substance use in Wisconsin has the right to have their treatment information kept confidential. Client Rights Office staff have developed a document which explains confidentiality (PDF, 93 KB) as it relates to treatment services.
Law and code
There also are federal regulations regarding the confidentiality of protected health information under the Health Insurance Portability and Accountability Act (HIPAA). HIPAA regulations differ in some ways from Wisconsin laws and rules. In general, federal laws and rules trump state laws and rules. However, where they conflict, the rule that is most protective of the client's rights prevails.
Penalties
There are serious civil and criminal penalties for records and confidentiality violations.
Disclosing confidential information: Civil penalties
Negligently
Actual damages plus exemplary damages up to $1,000 per violation plus attorney fees
Knowingly and willfully
Actual damages plus exemplary damages up to $25,000 per violation plus attorney fees
Disclosing confidential information: Criminal penalties
Negligently
Fine up to $1,000
Knowing it is unlawful
Fine up to $25,000 and up to nine months in jail
For pecuniary gain
Fine up to $100,000 and up to 3½ years in prison
Records violations: Criminal penalties
Requesting or obtaining records under false pretenses
Fine up to $25,000 and up to nine months in jail
Disclosing someone’s HIV status: Civil penalties
Unintentionally
Actual damages plus exemplary damages up to $2,000 plus attorney fees
Intentionally
Actual damages plus exemplary damages up to $50,000 plus attorney fees
Disclosing someone’s HIV status: Criminal penalties
Negligently with resulting harm to the individual
Fine up to $50,000 and up to nine months in jail
Intentionally for pecuniary gain
Fine up to $200,000 and up to 3 ½ years in prison
Negligently
Fine up to $2,000
