The Wisconsin Department of Health Services (DHS) Division of Quality Assurance (DQA) issued a memo on June 6 regarding electronic signatures on health care documents. The DQA memo addresses two questions: (1) whether a patient or resident must sign a hard copy release for electronic health care records and (2) whether the entity must retain the hard copy after incorporating the release into the electronic record.

The DQA notes that a hard copy release is not required. A scanned, electronic copy may be considered the original copy for retention purposes. The DQA supports its position with Wisconsin Statute Section 137.15, which recognizes the legal effect and enforceability of electronic signatures. However, a backup – either electronic or hard copy – is required and represents best practice. In addition, HIPAA requirements for authentication and integrity of electronically stored health information must still be followed.