Improve the health of the people of Wisconsin by supporting and strengthening physicians' ability to practice high-quality patient care in a changing environment.

Legal Guide/FAQ

A Physician’s Guide to Health Law –
A Collection of Frequently Asked Questions

Developed as a resource for Society members, A Physician’s Guide to Health Law—A Collection of Frequently Asked Questions is designed to assist physicians and their health care teams by addressing legal and ethical concerns that arise daily. The Guide features literally hundreds of frequently asked questions that affect all areas of health care, including sections on employment and the HIPAA Security rule.

The information provided in these FAQs is for informational purposes only, and is not intended to constitute legal advice. An attorney should be contacted for legal advice or answers to specific questions.

While Society members may print or download individual sections of the Guide for reference, we encourage you to check back periodically to ensure that you have the most up-to-date version of the section you are referencing.

To open complete chapter PDFs, click on the chapter headings below or in the column to the right.*  Note that Web and e-mail addresses in these FAQs are active and can be clicked on to open.


Table of Contents


  • Society President’s Letter
  • Letter from the Editor
  • Quarles & Brady Letter
  • List of Editorial Contributors

Office Practice Management

  • Opening a Medical Practice
  • Employment Contracts
  • Closing or Selling a Medical Practice
  • Accommodation of Deaf, Hard of Hearing and Limited English Proficient Patients
  • Service Corporations
  • Physicians and Advertising
  • Waiving Co-Payments and Deductibles
  • Fee Splitting
  • Physician Prescribing Practices
  • Mandated Benefits in Health Insurance
  • Billing Issues
  • Sample Truth in Lending Disclosure Form Your Billing Rights
  • Sample Credit Agreement
  • Standardized Claim Submissions
  • Consumer Medical Billing Questions
  • Medicare Part B
  • Health Insurance Regulations
  • Medicaid

Health Care Information Management and Consent

  • HIPAA Privacy Regulations
  • HIPAA Security Rule
  • HIPAA Authorization Checklist
  • Medical Records Confidentiality and Release
  • FAX Cover Sheet
  • Charging for Medical Records
  • Medical Record Documentation
  • Corrections to Medical Records
  • Medical Record Retention and Destruction
  • Consent for Treatment
  • The Physician-Patient Relationship
  • The Physician-Patient Relationship—Sample Letters
  • Minors
  • HIV Testing and Reporting
  • Advance Directives

State Regulations

  • Determination of Death
  • Do-Not-Resuscitate (DNR) Orders
  • Female Genital Mutilation Prohibition
  • The Handling and Treatment of Medical Waste
  • Wisconsin’s Immunization Law
  • Prescribing by Advanced Practice Nurses
  • Reporting—What a Physician Must Report

Managed Care

  • Managed Care: An Introduction
  • Managed Care Contract Review Checklist

Health Care Review and Discipline

  • The Medical Examining Board and Licensing
  • Unprofessional Conduct
  • Data Collection and Physician Fee Assessment
  • Scope of Practice for Non-Physician Clinicians
  • Peer Review

Physician Liability and the Legal Process

  • The Legal Process: What to Expect
  • Medical Mediation Panels
  • Medical Liability Insurance
  • Wisconsin’s Medical Malpractice Statutes of Limitations
  • Subpoenas
  • Wisconsin’s Injured Patients & Families Compensation Fund: An Overview
  • Sexual Harassment
  • Volunteer Physician Immunity

Worker’s Compensation

  • Worker’s Compensation Law
  • Worker’s Compensation Payment Dispute Resolution System
  • Reasonableness of Fee Dispute Resolution Request Form
  • Necessity of Treatment Dispute Resolution Request Form
  • Voluntary and Informed Consent for Disclosure of Health Care Information Form
  • Worker’s Compensation—Health Care Disputes

Federal Regulations

  • Antitrust Laws: What Physicians Should Know
  • Discrimination Based on Disability
  • OSHA Bloodborne Pathogens Standard
  • CLIA: The Clinical Laboratory Improvement Amendments
  • Health Care Fraud Laws: The Federal Anti-Kickback Statute
  • EMTALA: The Anti-Dumping Law
  • National Practitioner Data Bank
  • The Stark Law
  • Vaccines for Children Program


  • Wisconsin’s Caregiver Background Check Law
  • Disabled Drivers
  • Organ Donation
  • Safety Belt and Child Safety Restraint System Requirements and Exemptions
  • Smoke-Free Medical Facilities and Offices
  • Code of Medical Ethics of the American Medical Association
  • Master Resource List
  • Useful Websites
  • Wisconsin Legislators


*Note: If you have not already done so, you may download and install the free Adobe Acrobat Reader by clicking here.