Every patient is entitled to Maintaining Medical Confidentiality
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.
- All patients are entitled to have medical confidentiality maintained.
- When medical confidentiality must be compromised, patient consent must be obtained in advance (except in specific cases according to the law).
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 for medical treatment, due to filing 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 the 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 before 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.
- There is no mention in the law regarding a period of validity for waivers of medical confidentiality, meaning that 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.
- Director Circular 19/96 from 11.08.1996 - Medical confidentiality
- Medical Administration Circular 15/2003 from 09.03.2003 - Waiving medical confidentiality and disclosure of patients' medical information