Wisconsin medical records laws

How Wisconsin differs from federal HIPAA

• No state deadline; HIPAA's 30 days (plus one 30-day extension) applies.
• State sets fixed, CPI-adjusted per-page caps; HIPAA-covered providers still may not exceed HIPAA's cost-based limits for patient requests.
• Patients and people they authorize are exempt from retrieval and certification fees.
• Reduced fees for Medicaid patients (25%) and SSDI/SSI appeals.
• Private right of action with exemplary damages up to $25,000 plus attorney fees; HIPAA has none.

How long a provider has to respond

Wisconsin's records statute sets no response deadline for copies, so HIPAA applies: the provider must respond within 30 days, with one 30-day extension if it notifies you in writing.(Wis. Stat. § 146.83, 45 CFR 164.524)

Under 45 CFR § 164.524, a provider may take one 30-day extension only if it tells you in writing, within the first 30 days, why and when you will get the records.

What a provider can charge

Wisconsin caps paper copy charges on a sliding per-page scale that DHS adjusts every July 1 for inflation; for July 2026–June 2027 it starts at $1.48/page, plus $2.17/page microfiche, $14.56 per X-ray print, and actual shipping and taxes. Patients and people they authorize in writing do not pay the retrieval ($29.20) or certification ($11.68) fees.(Wis. Stat. § 146.83, Wisconsin DHS — adjusted fees under Wis. Stat. § 146.83(3f)(c))

Paper copies

Paper: $1.48/page for pages 1–25, $1.10 for 26–50, $0.72 for 51–100, $0.42 for 101+ (July 1, 2026 – June 30, 2027)

Electronic copies

The statute's fee list does not include electronic formats; the 2025 annotation to § 146.83 summarizes Banuelos (2023 WI 25) as barring fees for electronic-format records.

When copies are free

No fully free category. Medical assistance (Medicaid) patients: no more than 25% of the applicable fee for one set. SSDI/SSI denial appeals: no more than what the Social Security Administration reimburses for copies.

A provider cannot refuse to give you your records because you owe money for treatment. Compare every state on the medical records fees by state page.

How long records must be kept

• Physician offices: Physicians and physician assistants: at least 5 years after the date of the last entry, or longer if other law requires.(Wis. Admin. Code § Med 21.03)

Minors and sensitive records

• Minors: For mental health, developmental disability, and alcohol/drug treatment records under § 51.30, a minor aged 14 or older has access to his or her own treatment records and may consent to their release without a parent; a minor under 14 may view treatment records only with a parent, guardian, counsel, guardian ad litem, or staff member present.(Wis. Stat. § 51.30)
• mental health: Treatment records under § 51.30 (mental health, developmental disability, AODA): during treatment the facility may restrict access, but never to records of medications and somatic treatments; after discharge a patient may get copies of any or all records at a reasonable, uniform reproduction charge, and entire documents may not be withheld to protect others' confidentiality.(Wis. Stat. § 51.30)
• substance use: Alcohol and other drug abuse treatment records are covered by the same § 51.30 rules; federal 42 CFR Part 2 may also apply.(Wis. Stat. § 51.30)

If a provider doesn't comply

A person injured by a knowing and willful violation of §§ 146.82 or 146.83 may recover actual damages, exemplary damages up to $25,000, and costs and reasonable actual attorney fees; for a negligent violation, actual damages, exemplary damages up to $1,000, costs and attorney fees. Courts may also enjoin violations or compel compliance. Certain violations carry fines up to $25,000 and up to 9 months' imprisonment.(Wis. Stat. § 146.84)

• Wisconsin Department of Safety and Professional Services (Medical Examining Board and other health boards)

  licensed health professionals, including physicians · (608) 266-2112

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in Wisconsin

1. Ask the provider's medical records (health information) department for its request form, or write your own request with your name, date of birth, dates of care, the records you want, and the format (paper or electronic).
2. Keep a copy and note the date — the 30 days (HIPAA) clock runs from when the provider receives it.
3. If the deadline passes or the bill exceeds the rules above, use the complaint routes on this page.

Templates and step-by-step help are on the records-access hub. Find a Wisconsin hospital's records office, or browse hospitals in Wisconsin.

Common questions about Wisconsin medical records