Health Law Section | State Bar of Wisconsin

The Health Law Section addresses areas of interest to health law practitioners including issues such as regulation and operation of health care organizations, bioethics, managed care, accountable care, privacy, and risk management.

The State Bar of Wisconsin offers its members the opportunity to network with other lawyers who share a common interest through its 24 sections. Learn more at http://www.wisbar.org/groups.

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Providers, patients and regulators alike are assessing and questioning the appropriate use of artificial intelligence (AI) technologies in the health care space. One such technology is ambient listening tools, which passively capture physician-patient clinical conversations in real time and generate draft clinical notes by transcribing and summarizing these encounters using trained AI algorithms. So, can providers record their patient appointments? The short answer: generally, yes. And are they doing so? Likely. If not, with major electronic health record (EHR)


Continue Reading Patient Privacy in the Age of AI Scribes: Notice, Consent, and Compliance

Although a significant percentage of Wisconsin’s population
lives outside of the main metro areas, access to clinical research studies has been primarily limited to trials initiated by the two academic medical health centers located in
Milwaukee and
Madison. However, the availability and adoption of digital health technologies (DHTs) – such as software and digital applications, electronic sensors, and computing platforms – is increasing. As a result, clinical research studies can incorporate one or more components of telehealth


Continue Reading Technology is Expanding the Wisconsin Clinical Research Map

Every day it seems that another health provider or company is entering into an agreement to resolve health care fraud allegations, or in more egregious cases, being convicted of health care fraud. Here are cases from this past November alone:
  • On Nov. 17, 2025, the United States and the State of California announced CVS Pharmacy Inc., paid a total of $18,282,280 in order to resolve allegations that the company violated the Federal False Claims Act and the California False


Continue Reading The Road to a Health Care Fraud Enforcement Action (and Sometimes Conviction)

“I didn’t expect her to be sobbing,” explained my client, telling me they had just called off the sale of a practice to a long-time employee. The would-be buyer of the practice was not the only one disappointed. My client had hoped this sale would create a lasting legacy as the founders retired. Unfortunately, it became obvious that the buyer had not made the necessary arrangements to carry on the practice without interruption, and any closing would be significantly
Continue Reading What They Don’t Know Can Hurt Them: Serving as Counselor to Independent Providers

Recently, health care professionals are asking a lot of questions about Wisconsin’s new APRN Modernization Act (2025 WI 17), and for good reason. This legislation, which was signed into law Aug. 8, 2025, and goes into effect Sept. 1, 2026, fundamentally changes how Advanced Practice Registered Nurses (APRNs) can operate in Wisconsin. Attorneys representing health care organizations, medical practices, or handle employment law need to understand what changes are coming. Here is the bottom line: As of
Continue Reading APRN Modernization: How Attorneys Can Prepare their Health Care Clients

It is well known that Wisconsin’s Medicaid program, like those of all states, plays a ubiquitous role in providing residents access to health care.

Zeke Shen headshot
Zeke Shen, U.W. 2023, is an attorney with
Hall, Render, Killian, Heath & Lyman, PC in Milwaukee, where he focuses his practice on government reimbursement, general payment practices, operational efficiencies, and regulatory compliance.

Recent data from ForwardHealth places the number of Wisconsinites covered by Medicaid at nearly 1.3 million, amounting to over 20% of
Continue Reading Proposed House Bill Freezes Provider Tax Revenue: What It Means for Wisconsin Medicaid

The start of 2025 brought with it new challenges for health care providers in interacting with law enforcement while maintaining compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and related privacy laws, like 42 CFR Part 2 governing the confidentiality of substance use disorder records. First, covered entities faced the Dec. 23, 2024, compliance date for the HIPAA Privacy Rule To Support Reproductive Health Care Privacy (Final Rule), which requires covered entities and their business


Continue Reading Interacting with Law Enforcement: Reproductive Health Privacy and ICE Enforcement

Workers in the health care industries face the highest rates of workplace violence and are five times more likely to be subjected to violence at work than the public, according to the U.S. Bureau of Labor Statistics. Violence against health care workers made headlines again recently with the murder of UnitedHealthcare CEO Brian Thompson on Dec. 4, 2024, in New York City.

For attorneys advising health care clients, it is a stark reminder of the increase in violence
Continue Reading Keeping Health Care Workers Safe: Workplace Violence Prevention Programs

It happens so easily these days. A nurse at a hospital is trying to be efficient with their shift, so they pull multiple patients’ medications from the Pyxis machine prior to making their evening rounds. A conversation is had with each patient regarding their pain, and medication is administered according to these conversations. This nurse has every intention of documenting these conversations as basis for administering the pain medication, but then they are called away to another patient’s room
Continue Reading How Lawyers Can Help Clients Maintain Accurate Medical Records

“If I have seen further, it is by standing on the shoulders of Giants,” said Sir Isaac Newton of the contributions his predecessors made to his own work.1

The same might be said by a young physician today, reflecting on the legacy of those who pioneered the free-standing ambulatory surgery center (ASC), just over 50 years ago. Little could those early innovators imagine the complexity and scope of the procedures now performed in this type of facility.

As
Continue Reading Succession Planning for Ambulatory Surgery Centers and Their Physician Investors

The pharmacy field is growing nationally and in Wisconsin, providing various opportunities and roles for pharmacists to expand their scope of practice. This article provides a brief overview of the licensure requirements in Wisconsin for pharmacists to help attorneys advise pharmacists regarding their continuing education requirements, duties, and scope of practice. It also discusses how collaborative practice agreements and standing orders can impact pharmacists’ scope of practice. Pharmacist Licensing and Duties Pharmacists must meet certain criteria to obtain licensure
Continue Reading Pharmacists in Wisconsin: A Legal Primer

The Federal Trade Commission (FTC) recently voted to issue a final rule that would ban nearly all noncompetition agreements. The rule was officially published a few weeks later, meaning it will take effect Sept. 4, 2024 (if it is not held up by a court before then). The final rule has already faced – and will likely continue to face – substantial pushback from the business community and from most health care entities. On July 3, 2024, a federal
Continue Reading The Impact of the FTC’s Ban on Noncompete Agreements in the Health Care Industry

For the first time in U.S. history,
overdose deaths have exceeded 100,000 per year and one person dies by
suicide every 11 minutes. The U.S. continues to experience a mental health (MH) and substance use disorder (SUD) (behavioral health) crisis of unprecedented proportions. In a powerful move, government agencies reunited to collectively address the long-standing challenges to balancing patient behavioral health treatment needs with health plan and insurer fiduciary financial responsibilities to its insured population by proposing a
Continue Reading The Mental Health Parity and Addiction Equity Act and the Future of Behavioral Health Care

For fiscal year 2023, the Department of Justice (DOJ)
recouped over $2.68 billion through the enforcement of False Claims Act (FCA) settlements and judgments, a notable increase from
FY 2022’s $2.2 billion recoupment.1 Additionally, over $1.8 billion out of the over $2.68 billion recovered are, according to the report, within the “health care industry, including managed care providers, hospitals, pharmacies, laboratories, long-term acute care facilities, and physicians,” which is an increase from FY 2022. As the last
Continue Reading 2023 Broke Records for False Claims Act Recoveries

It’s spring, and the legislative session is in full swing in Wisconsin – the perfect time to reflect on some atypical aspects of the Wisconsin health law environment. In no particular order, here are our top picks.

There is no automatic surrogate decision maker for a patient who becomes incapacitated.

This is Amy’s top pick because, in her experience, Wisconsin’s lack of a surrogate decision-maker law adds more stress than patient protection to many end-of-life situations.

Much to the
Continue Reading Four Atypical Aspects of Wisconsin’s Health Law Environment

As many labor attorneys predicted, 2023 was a huge year for labor organizations in the U.S. We saw a continued uptick in union organizing campaigns and high profile strikes in the health care, auto, and film industries.

In 2023, we saw several remarkable wins at the bargaining table for unions, and significant legal decisions favoring organized labor from the National Labor Relations Board (NLRB).
Strikes and Organizing Campaigns
Health care organizations have not been immune to the rise of
Continue Reading The Rise of Labor in Health Care: Labor Law Developments in 2023