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In order to receive certain types of treatment, patients are sometimes required to waive medical confidentiality
In order to receive certain types of government benefits and pensions, it is also sometimes required to waive medical confidentiality
- Care providers are required by law to maintain the medical confidentiality of their patients.
- Medical confidentiality must sometimes be compromised for purposes of providing treatment or evaluating eligibility for benefits, pensions or compensation.
- In cases where medical confidentiality must be compromised, the patient's consent must be obtained before disclosing any information, except in specific circumstances established by law.
Target Audience and Prerequisites
- Individuals requiring medical or paramedical treatment that requires medical confidentiality to be compromised.
- Those for whom a review of eligibility for a government benefit or pension (i.e. from the Nationa Insurance Institute or the Holocaust Survivors Rights Authority) requires a review of their medical condition.
To Whom and How to Apply
- A waiver of medical confidentiality must be submitted to the relevant care provider, medical facility, or government ministry.
Stages of the Process
- All care providers and medical facilities may establish the procedures for waiving medical confidentiality, and it may be done in written or verbal form.
- Waiving medical confidentiality is usually performed in writing with a waiver of medical confidentiality form.
- For information regarding waiving medical confidentiality when disclosing medical information about a patient, see: Obtaining Medical Information.
- There is no mention in the law regarding a period of validity for waivers of medical confidentiality. This means that by signing a waiver of medical confidentiality, a patient has waived the right to medical confidentiality for an unlimited period of time.
- Each institution should include indication of an expiration date on their waiver of medical confidentiality forms, but, in practice, this is not performed consistently.
- A waiver of medical confidentiality form signed by a patient for a particular purposes should detail the information the patient is agreeing may be disclosed and to whom it 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 from 09.03.2003 regarding waiving medical confidentiality - disclosure of patients' medical information
- Original information written as part of IDC-Herzliya's legal clinic to assist children and youth at risk, in cooperation with ELEM.
- Original translation performed by The Shira Pransky Project-AACI.
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