Question

1. The Wisconsin Coalition Against Sexual Assault purchased a state surplus computer for 20 dollars and found that it contained the medical records of more than 600 people. Upon discovering the records, the coalition’s executive director began erasing them from the computer. Before erasing all the records, she decided to make a copy of those that had not been erased. She then provided about 500 names and data to a state representative and erased all the original records. Upon receipt of the records, the state representative was concerned because he did not want patients upset because their medical records were made public and because it was a potential liability for the state. Wisconsin has a statute that prohibits the “knowing and willful” release of medical records and requires a showing that there was a willing disregard. Was there a willing disregard?

Answer 1

Willing disregard refers to knowingly or purposefully doing an act which can defame or help the person or organizations regards. Here the Executive director after knowing that important information are still in the system has made a copy of it and forwarded to state executive before deleting all.This is an act of good concern from the executive director but at the same time it has raised a concern in state executive for confidentiality and affecting the privacy of patient. Wisconsin having a statue of knowing and willful release of medical records does not necessarily disclose information to others unless requested by them and keeping it safe. Hence this shows a willful disregard.