Health record rights in Wisconsin: what state law adds
In Wisconsin, as of October 3, 2026, we found no law on health data held outside HIPAA; copy rights go no further than HIPAA; you can opt out of the health information exchange; reproductive health, mental health, HIV and genetic records each have a specific confidentiality rule; you can sue over misuse of your records; breach notices need not cover medical or health insurance information; and we found no law on AI in care. Each answer below quotes, dates and links the law. There is no state total and no state rank.
Laws read · page updated
Not legal advice. This records what the law said on the date we read it. Laws and court orders change. Read the law itself, or ask a lawyer, before you rely on it. State laws add to the federal floor. The national score rates federal law and national infrastructure and does not change with these state profiles.
Can you sue if your records are misused?Yes. You can sue over unlawful collection, use or sharing of medical records or health data in general. Same answer in 11 of the 50 states, counting this one.
Federal law, mainly HIPAA, applies in every state; our US page explains it in plain English. Each answer below says what this state adds on top, with the law's name, citation, effective date, the words that matter and a link to the official page.
Do apps and wearables need your OK before sharing health data?
Federal floor: HIPAA does not cover most apps, wearables, websites or data brokers.
No law found We searched the official code and found none.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Statute search for consumer health data and sensitive data returned no results on 2026-10-03. No comprehensive consumer privacy law found. A 2026 Legislative Council study committee is reviewing data privacy.
Federal floor: HIPAA gives the provider 30 days, plus one 30-day extension, and allows a cost-based fee. We also count the federal information blocking rule (45 CFR Part 171).
No. A law is in force, but it adds nothing to HIPAA's terms.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
146.83 sets no deadline shorter than 30 days and no free-copy case. Fees are capped or reduced, not waived. beyondFederalFloor is no. A 2023 court annotation reads 3f as allowing no fee for electronic copies; that is not counted.
Fee rule: Wis. Stat. 146.83(3f)(b)1: "For paper copies: $1 per page for the first 25 pages; 75 cents per page for pages 26 to 50; 50 cents per page for pages 51 to 100; and 30 cents per page for pages 101 and above."
Fee rule: Wis. Stat. 146.83(3f)(b)2-6: microfiche or microfilm $1.50 per page; X-ray print $10 per image; $8 certification and $20 retrieval fees only if the requester is not the patient or a person authorized by the patient; actual shipping and taxes. Dollar amounts adjusted each July 1 by CPI under 146.83(3f)(c).
Fee rule: Wis. Stat. 146.83(1f)(cm): provider "may not charge a patient or a person authorized by the patient more than 25 percent of the applicable fee under sub. (3f) for providing one set of copies" when the patient is eligible for medical assistance.
Fee rule: Wis. Stat. 146.83(1f)(am): for an SSDI or SSI appeal, the provider "may charge the patient or person authorized by the patient no more than the amount that the federal social security administration reimburses the department for copies of patient health care records."
Goes beyond the federal floor: no.
Access to patient health care records: copy fees. Wis. Stat. 146.83(3f)(b)1
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
For paper copies: $1 per page for the first 25 pages; 75 cents per page for pages 26 to 50; 50 cents per page for pages 51 to 100; and 30 cents per page for pages 101 and above.
Who it binds, in our words: Health care providers. Fee caps apply to "a health care provider" under 146.83(3f)(b).
Access to patient health care records: reduced fee for medical assistance patients. Wis. Stat. 146.83(1f)(cm)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
may not charge a patient or a person authorized by the patient more than 25 percent of the applicable fee under sub. (3f) for providing one set of copies
Who it binds, in our words: Health care providers, for patients eligible for medical assistance; does not apply where the provider is the department or the department of corrections (146.83(1g)).
Access to patient health care records: fee for social security disability appeals. Wis. Stat. 146.83(1f)(am)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
the health care provider may charge the patient or person authorized by the patient no more than the amount that the federal social security administration reimburses the department for copies of patient health care records.
Who it binds, in our words: Health care providers, for copies used in appealing a denial of SSDI or SSI.
Second check by a separate agent: disputed, then settled by a ruling drafted by an agent against the law's text and approved by the authors on October 3, 2026.
Can you say no to sharing through a health information exchange (a network that passes records between doctors)?
Federal floor: HIPAA lets providers share records for treatment without asking you.
Opt-out. Your records go through the exchange unless you say no, and there is a published way to say no.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Statute 146.816 allows HIPAA-compliant TPO sharing without consent, including mental health records. WISHIN, named state-designated entity in DHS plan, publishes opt-out. The WISHIN page shows no date, so effectiveDate is null.
Set by the published policy of the state-designated exchange; no state law sets the rule.
Designated exchange: Wisconsin Statewide Health Information Network (WISHIN).
In force · current version date not confirmed · read October 3, 2026 · source(wishin.org, reached from dhs.wisconsin.gov)
However, you can choose NOT to participate in Wisconsin’s health information exchange.
Who it binds, in our words: Exchange through WISHIN Pulse. Opt-out excludes emergencies and public health reporting.
Uses and disclosures of protected health information. Wis. Stat. 146.816(2)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
Sections 51.30 (4) (a) and (e) and 146.82 and rules promulgated under s. 51.30 (12) do not apply to a use, disclosure, or request for disclosure of protected health information by a covered entity or its business associate that meets all the following criteria:
Who it binds, in our words: HIPAA covered entities and business associates acting in compliance with 45 CFR 164.500 to 164.534, for treatment, payment, health care operations and listed safety purposes.
Second check by a separate agent: confirmed.
Are some sensitive records, like mental health or HIV, given extra rules?
These answers record whether a rule exists and what it says. They say nothing about whether any care is legal or available.
Reproductive health records
Yes. A law in force has a specific rule on keeping these records confidential or on who may see them.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
The rule covers abortion reports held by the health department, not provider records. No separate rule for reproductive care records held by providers was found. Provider records fall under general 146.82.
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
the department may not disclose any information obtained under this section that reveals the identity of any patient, health care provider or hospital, clinic or other facility
Who it binds, in our words: Department of Health Services, for induced abortion reports filed under 69.186(1).
Second check by a separate agent: disputed, then settled by a ruling drafted by an agent against the law's text and approved by the authors on October 3, 2026.
Mental health records
Yes. A law in force has a specific rule on keeping these records confidential or on who may see them.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
51.30 requires informed written consent for release except listed cases. Act 148 adds a release to fatality review teams from 2027-05-01, so pending is true.
Records: confidentiality of treatment records. Wis. Stat. 51.30(4)(a)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
all treatment records shall remain confidential and are privileged to the subject individual. Such records may be released only to the persons designated in this chapter or ss. 118.125 (4), 610.70 (3) and (5), 905.03 and 905.04, or to other designated persons with the informed written consent
Who it binds, in our words: Treatment records for mental health, developmental disability, alcohol and drug abuse services. 146.816 lifts 51.30(4)(a) for HIPAA-compliant treatment, payment and operations uses.
2025 Wisconsin Act 148: release of treatment records to fatality review teams. 2025 Wis. Act 148, s. 5, creating Wis. Stat. 51.30(4)(b)29
Signed, not yet in force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov, reached from docs.legis.wisconsin.gov)
51.30 (4) (b) 29. To an authorized member of a fatality review team established under s. 250.22.
Who it binds, in our words: Act takes effect on the first day of the 13th month after publication (published 2026-04-03).
Second check by a separate agent: disputed, then settled by a ruling drafted by an agent against the law's text and approved by the authors on October 3, 2026.
HIV records
Yes. A law in force has a specific rule on keeping these records confidential or on who may see them.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Signed authorization is required to disclose HIV test results, with listed exceptions. Latest amendment is 2025 Wis. Act 232, published 2026-04-09.
Restrictions on use of an HIV test: confidentiality and disclosure. Wis. Stat. 252.15(3m)(b)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
a person who is neither the subject of the HIV test nor the subject’s authorized representative may not disclose the subject’s HIV test results unless the subject of the HIV test or his or her authorized representative has signed authorization for the disclosure
Who it binds, in our words: Any person other than the test subject or authorized representative, subject to exceptions in 252.15(3m)(d) and (e), including disclosure to treating providers.
Second check by a separate agent: disputed, then settled by a ruling drafted by an agent against the law's text and approved by the authors on October 3, 2026.
Genetic records
Yes. A law in force has a specific rule on keeping these records confidential or on who may see them.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
631.89(2) bars covered insurers and plans from requiring or requesting disclosure of genetic test results from the person or a provider. 111.372 separately limits genetic testing in employment.
Restrictions on use of genetic test results. Wis. Stat. 631.89(2)(bm)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
a health care provider, as defined in s. 146.81 (1) (a) to (p), who is or may be providing or who has or may have provided health care services to an individual to reveal whether the individual or a member of the individual’s family has obtained a genetic test
Who it binds, in our words: Insurers, the state for a self-insured health plan, and local governments with self-insured health plans. Life and income continuation insurers are excluded under 631.89(3).
Second check by a separate agent: confirmed.
Can you sue if your records are misused?
Yes. You can sue over unlawful collection, use or sharing of medical records or health data in general.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
146.84 lets an injured person sue for unlawful disclosure of patient health care records under 146.82 or denied access under 146.83. 146.84(1)(c) also allows suits to enjoin violations.
Damages a court may award: 146.84(1)(b): actual damages, exemplary damages up to $25,000 for knowing and willful violation, costs and attorney fees; 146.84(1)(bm): exemplary damages up to $1,000 for negligent violation. 252.15(8): up to $2,000 negligent, $50,000 intentional for HIV test disclosure.
Violations related to patient health care records: actions for violations. Wis. Stat. 146.84(1)(b)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
who violates s. 146.82 or 146.83 in a manner that is knowing and willful shall be liable to any person injured as a result of the violation for actual damages to that person, exemplary damages of not more than $25,000 and costs and reasonable actual attorney fees.
Who it binds, in our words: Any person, including the state and political subdivisions, who violates 146.82 (confidentiality) or 146.83 (access). Not nursing facilities or nursing homes as to resident record confidentiality (146.84(4)).
Restrictions on use of an HIV test: civil liability. Wis. Stat. 252.15(8)(a)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
is liable to the subject of the test for actual damages, costs and reasonable actual attorney fees, plus exemplary damages of up to $2,000 for a negligent violation and up to $50,000 for an intentional violation.
Who it binds, in our words: Violations of 252.15(2m), (3m)(b), (d) or (f), (5m), (6) or (7)(c).
Second check by a separate agent: disputed, then settled by a ruling drafted by an agent against the law's text and approved by the authors on October 3, 2026.
Must you be told if health data leaks in a breach?
No. The breach notice law covers neither medical nor health insurance information.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Definition lists neither medical nor health insurance information. No AG or regulator notice; consumer reporting agencies must be told when 1,000 or more people are notified. HIPAA-compliant covered entities are exempt.
Deadline to tell people: within a reasonable time, not to exceed 45 days.
No duty found to tell the attorney general or a regulator.
A business that follows HIPAA's breach rules is treated as following this law.
Notice of unauthorized acquisition of personal information: definition. Wis. Stat. 134.98(1)(b)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
“Personal information” means an individual’s last name and the individual’s first name or first initial, in combination with and linked to any of the following elements
Who it binds, in our words: Listed elements: SSN, driver license or state ID, financial account data, DNA profile, unique biometric data. No medical or health insurance element.
Notice of unauthorized acquisition of personal information: timing. Wis. Stat. 134.98(3)(a)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
within a reasonable time, not to exceed 45 days after the entity learns of the acquisition of personal information.
Who it binds, in our words: Entities that conduct business in Wisconsin and maintain or license personal information, and state and local government.
Notice of unauthorized acquisition of personal information: regulated entities exempt. Wis. Stat. 134.98(3m)(b)
In force · effective · read October 3, 2026 · source(docs.legis.wisconsin.gov)
An entity that is described in 45 CFR 164.104 (a), if the entity complies with the requirements of 45 CFR part 164.
Who it binds, in our words: HIPAA covered entities that comply with 45 CFR part 164.
Second check by a separate agent: confirmed.
Are there rules for AI used in your care?
The three rules we look for: you must be told when AI is used in your care; a licensed clinician decides, not AI alone; you can reach a human, or have a human review the decision. Each counts only if the law names health care or health coverage.
No law found We searched the official code and found none.
The researcher's note
Written by the research agent for our records, in the rulebook's shorthand. The answer above is the plain version.
Statute hits for artificial intelligence cover only real estate ads and election ads. SB 1066 and AB 1109 on AI prior authorization denials failed to pass on 2026-03-23. OCI's 2025-03-18 AI bulletin is guidance, not counted.
These public figures describe conditions that can affect whether people are able to use the rights above, such as health insurance and internet at home. They are not scored, not part of any answer, and not a reason for any answer. Each is the latest the source publishes for the state, checked against the publisher (the Census Bureau or the Bureau of Labor Statistics); grouped under the Healthy People 2030 social determinants of health.
Source and period on every row. Figures from DataSpine, each checked against its publisher. Not scored.
Figure
Value
Source and period
People under 65 without health insuranceHealth care access and quality
6.4%
Small Area Health Insurance Estimates, SAHIE 2024 (single-year model estimate)
Households with a computerHealth care access and quality
92.9%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Households with a broadband internet subscriptionHealth care access and quality
87.7%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Households with a smartphone and no other computerHealth care access and quality
8.0%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Median household incomeEconomic stability
$72,458 (2022 dollars)
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Unemployment rateEconomic stability
3.2%
Local Area Unemployment Statistics, December 2025, monthly, seasonally adjusted
Households without a vehicleNeighborhood and built environment
6.3%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
People who speak a language other than English at homeSocial and community context
8.7%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Households of one person aged 65 or overSocial and community context
12.5%
American Community Survey 5-year, ACS 5-year, 2018 to 2022
Not shown: the number of people below the poverty line and the number with a bachelor's degree, which are available only as counts, and counts do not compare across states of different size.
Not shown yet, with no checked state figure: Medicare members who also have Medicaid; Medicaid enrollment; primary care supply; social vulnerability, income and jobs; people in nonmetro counties; social vulnerability, housing and transport; social vulnerability, household and minority themes.
Also recorded: a data broker registry
A fact, not part of any answer above. No law found We found no data broker registry law.
Another state
This study covers the 50 states and Washington, DC. It does not cover the US territories (Puerto Rico, Guam, the US Virgin Islands, the Northern Mariana Islands and American Samoa).
Built by SuperTruth, which checks whether a record can be trusted before an AI acts on it. About SuperTruth · How we used AI
Health Record Rights Index by SuperTruth. Research by AI agents built on Anthropic's Claude, checked by a second agent and ruled by the authors; how we did it. Research tool, not legal advice. Text CC BY 4.0.
