Introduction:

Every patient is entitled to have medical confidentiality maintained
There are cases when patients are required to waiver on medical confidentiality in order to provide care or assess eligibility for pensions, benefits or compensation

Certain medical treatments and assessments for various pensions, benefits and types of compensation require a waiver of medical confidentiality.

Target Audience and Prerequisites

  • Patients waive medical confidentiality for various reasons such as medical or paramedical treatment or to submit a claim to an insurance company.
  • Those applying for government benefits or pensions (i.e. from the National Insurance Institute or the Holocaust Survivors Rights Authority) require a review of their medical condition as part of the examination of eligibility.

To Whom and How to Apply

  • In cases where a waiver of confidentiality is necessary for medical treatment, or to file a claim to an insurance company - A waiver of medical confidentiality must be submitted to the relevant care provider (for the purpose of granting the necessary treatment that violates the medical confidentiality of the patient).
  • For benefit or pension applications - A waiver of medical confidentiality must be submitted to the relevant government ministry or another body examining eligibility.

Stages of the Process

  • All care providers and medical facilities may establish procedures for waiving medical confidentiality.
  • Waiving medical confidentiality is usually performed in writing with a waiver of medical confidentiality form.
  • In cases where a patient has not provided a wavier of confidentiality in writing, they may waive confidentiality orally in the presence of two witnesses. The waiver must be documented on the patient's medical records soon after.
  • For more information regarding waiving medical confidentiality when disclosing medical information about a patient, see: Obtaining Information from the Medical Record.

Forms

Example of a Medical Confidentiality Waiver (pg. 7)

Please Note

  • By signing a waiver of medical confidentiality, the right to medical confidentiality has been waived for an unlimited period of time (unless an expiration date has been indicated on the form).
  • A waiver of medical confidentiality should always be read carefully before signing, while paying attention to the presence or absence of an expiration date.
  • A waiver of medical confidentiality form signed by a patient for a particular purpose must detail the information for which the patient is agreeing to waive medical confidentiality for and to whom the information may be disclosed. The waiver does not apply to the entire medical file.

Additional Publications

Credits

  • Original information written as part of IDC-Herzliya's legal clinic to assist children and youth at risk, in cooperation with ELEM.
  • English translation and maintenance by The Shira Pransky Project.