146.84(1)(a)

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(a) A custodian of records incurs no liability under para. (bm) for the release of records in accordance with § 146.82 or 146.83 while acting in good faith.

146.84(1)(b)

(b) Any person, including the state or any political subdivision of the state, who violates § 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.

146.84(1)(bm)

(bm) Any person, including the state or any political subdivision of the state, who negligently violates § 146.82 or 146.83 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 $1,000 and costs and reasonable actual attorney fees.

146.84(1)(c)

(c) An individual may bring an action to enjoin any violation of § 146.82 or 146.83 or to compel compliance with § 146.82 or 146.83 and may, in the same action, seek damages as provided in this subsection.

146.84(1)

(1) Actions for violations; damages; injunction.

146.84(2)

(2) Penalties.

146.84(2)(a)

(a) Whoever does any of the following may be fined not more than $25,000 or imprisoned for not more than 9 months or both:

146.84

146.84 Violations related to patient health care records.

146.84(2)(a)1.

1. Requests or obtains confidential information under § 146.82 or 146.83 (1c) or (3f) under false pretenses.

146.84(2)(a)2.

2. Discloses confidential information with knowledge that the disclosure is unlawful and is not reasonably necessary to protect another from harm.

146.84(2)(a)3.

3. Violates § 146.83 (4).

146.84(2)(b)

(b) Whoever negligently discloses confidential information in violation of § 146.82 is subject to a forfeiture of not more than $1,000 for each violation.

146.84(2)(c)

(c) Whoever intentionally discloses confidential information in violation of § 146.82, knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 or imprisoned not more than 3 years and 6 months, or both.

146.84(3)

(3) Discipline of employees. Any person employed by the state or any political subdivision of the state who violates § 146.82 or 146.83, except a health care provider that negligently violates § 153.50 (6)(c), may be discharged or suspended without pay.

146.84(4)

(4) Exceptions. This section does not apply to any of the following:

146.84(4)(a)

(a) Violations by a nursing facility, as defined under § 49.498 (1)(i), of the right of a resident of the nursing facility to confidentiality of his or her patient health care records.

146.84(4)(b)

(b) Violations by a nursing home, as defined under § 50.01 (3), of the right of a resident of the nursing home to confidentiality of his or her patient health care records.