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There are cases in which medical confidentiality must be compromised 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 medical confidentiality to be compromised.

Template:הליך/סיום הקדמה

  • 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

  • Individuals requiring medical or paramedical treatment that requires medical confidentiality to be compromised.
  • Those applying for government benefits or pensions (i.e. from the Nationa Insurance Institute or the Holocaust Survivors Rights Authority) that require a review of their medical condition as part of the examination of eligibility.

To Whom and How to Apply

  • For medical treatment requiring medical confidentiality to be waived - A waiver of medical confidentiality must be submitted to the relevant care provider or medical facility.
  • For benefit or pension applications - A waiver of medical confidentiality must be submitted to the relevant government ministry or other body examining eligibility.

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 more information regarding waiving medical confidentiality when disclosing medical information about a patient, see: Obtaining Information from the Medical Record.

Please Note

  • 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 and to whom the information may be disclosed. The waiver does not apply to the entire medical file.

Additional Publications

Sources

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

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