Informed consent to disclose a patient's health care record is required under which statute?

• A. HIPAA Privacy Rule
• B. FERPA
• C. 42 CFR Part 2
• D. s. 146.82, Stats.

Answer: (D)

Disclosures of health care records are controlled by state law, and in Wisconsin the statute on patient records explicitly requires written consent before releasing health information, with limited exceptions defined by the statute. That direct requirement to obtain informed consent makes it the most precise basis for disclosing a patient’s health care record within Wisconsin. Federal rules like the HIPAA Privacy Rule provide general privacy protections and authorization concepts, but they are regulations rather than Wisconsin statutes. FERPA concerns educational records, not typical health care records, and 42 CFR Part 2 is a federal regulation focused on substance use treatment records rather than Wisconsin statute. So the Wisconsin statute s. 146.82 governs the need for informed consent in this context.