Supreme Court rules providers cannot charge patients for providing electronic health records

The Wisconsin Supreme Court ruled last week that medical providers cannot charge patients for providing their health records in an electronic format.

Patient Beatriz Banuelos sued University of Wisconsin Hospitals and Clinics Authority after being charged more than $100 for copies sent to her attorneys. Banuelos incurred charges “per page” of her electronic health record. A circuit court in 2020 originally granted UW Heath’s motion to dismiss. The Supreme Court’s ruling follows an appellate decision in Banuelos’ favor.

With paper, microfiche/microfilm and X-ray copies, and prints listed under the current statute — each with delineated maximum fees per page — the state’s highest court sided with the appeals court.

“We further agree with the court of appeals that the statute does not permit charges for copies of electronic records because the statute does not enumerate electronic formats as one of the three formats for which a healthcare provider may charge a fee,” the court’s opinion said.

Following the appellate ruling, UW Health stopped charging for distribution of electronic medical records.

“This case involved the provision of medical records to a law firm, conduct that is not covered by federal law,” a spokesperson said in a statement. “Therefore, UW Health charged law firms and other third parties based on the rates set forth in the Wisconsin medical record fee statute, but ceased charging third parties for copies of electronic medical records in the fall of 2021.”

– Elizabeth Casolo for Wisconsin Health News