DHS 92.04 Note Note: Under ss. 46.03 (18) and 46.10, Stats., the department is the collection authority for all services provided by the department or boards. Where collection authority has not been delegated, the department’s bureau of collections is the only qualified service organization for collections allowed by Wisconsin law. Where collections have been delegated, boards or facilities are agencies of the department for billing and collection purposes.

DHS 92.04(2)(c) (c) Patient information may be released to county departments of public welfare or social services only in accordance with the provisions of sub. (13).

DHS 92.04(2)(d) (d) Patient information may be released to third-party payers only with informed consent.

DHS 92.04(2)(e) (e) Each agency with billing and collection responsibility shall develop further written procedures as needed to ensure confidentiality of billing and collection information. These procedures shall be made available to the department upon request.

DHS 92.04 Note Note: Further confidentiality provisions on billing and collections are specified in ss. DHS 1.05 and 1.06.

DHS 92.04(3) (3) Research. Treatment records may be released for purposes of research only as authorized under s. 51.30 (4) (b) 3., Stats.

DHS 92.04(4) (4) Court order.

DHS 92.04(4)(a) (a) Treatment records may be released pursuant to a lawful court order only as authorized under s. 51.30 (4) (b) 4, Stats., and this subsection.

DHS 92.04 Note Note: If a treatment facility director, program director or department official believes that the court order is unlawful, that person should bring the order to the attention of his or her agency’s legal counsel.

DHS 92.04(4)(b) (b) A subpoena, unless signed by a judge of a court of record, is not sufficient to authorize disclosure.

DHS 92.04(4)(c) (c) A court order regarding confidential drug or alcohol treatment information shall be in compliance with 42 CFR Part 2, Subpart E.

DHS 92.04 Note Note: When a subpoena signed by an attorney or the clerk of court requires the record custodian to appear at the hearing with the records, the custodian should assert the privilege and refuse to turn the records over until ordered to do so by the circuit judge.

DHS 92.04(5) (5) Progress determination and adequacy of treatment.

DHS 92.04(5)(a) (a) Treatment records may be made accessible to department and board staff to determine progress and adequacy of treatment or to determine whether a person should be transferred, discharged or released, but only as authorized under s. 51.30 (4) (b) 5., Stats., and this subsection.

DHS 92.04(5)(b) (b) Treatment information as specified under s. 51.30 (4) (b) 10, Stats., may also be released to the following state employees and department board members concerning persons under their jurisdiction:

DHS 92.04(5)(b)1. 1. Members of the parole board;

DHS 92.04(5)(b)2. 2. Members of the special review board for sex crimes;

DHS 92.04(5)(b)3. 3. Employees of the juvenile offender review program; and

DHS 92.04(5)(b)4. 4. Members of the juvenile corrections reception center’s joint planning and review committee.

DHS 92.04(6) (6) Within the treatment facility.

DHS 92.04(6)(a) (a) Treatment records maintained in the facility or as computerized records by the provider of data-processing services to the facility may be made available to treatment staff within the facility only as authorized under s. 51.30 (4) (b) 6., Stats., and this subsection.

DHS 92.04(6)(b) (b) Confidential information may be released to students or volunteers only if supervised by staff of the facility.

DHS 92.04(6)(c) (c) Treatment records may be taken from the facility only by staff directly involved in the patient’s treatment, or as required by law.

DHS 92.04(7) (7) Within the department. Treatment records may be made available to department staff only as authorized under s. 51.30 (4) (b) 7., Stats., and this chapter. Information may be disclosed to qualified staff of the department from the treatment records of persons who have been committed by a court to the care and custody of the department or who are voluntarily admitted to an institution of the department under chs. 51, 55, 971, or 975, Stats., or who are under probation or parole supervision.

DHS 92.04(8) (8) Medical emergency. Treatment records may be released to a physician or designee for a medical emergency only as authorized under s. 51.30 (4) (b) 8., Stats.

DHS 92.04(9) (9) Transfer of person involuntarily committed.

DHS 92.04(9)(a) (a) Treatment records may be released to a treatment facility which is to receive an involuntarily committed person only as authorized under s. 51.30 (4) (b) 9., Stats., and this subsection.

DHS 92.04(9)(b) (b) When an individual is to be transferred, the treatment director or designee shall review the treatment record to ensure that no information is released other than that which is allowed under this subsection.

DHS 92.04(9)(c) (c) If a summary of somatic treatments or a discharge summary is prepared, a copy of the summary shall be placed in the treatment record.