‘Law that insurer’s inspection offers a patient record is in conflict with human rights’
The bill to health insurers to allow medical records to see, in conflict with the human right to privacy. That sets Spong Lawyers, who are here on behalf of the dome of the caregivers study did.
VvAA, the largest Dutch association of healthcare providers, has an urgent letter to the members of the First Chamber is sent. Here is on 8 november the bill market organisation health care discussed that two months back by the Second Chamber was adopted.
The dome, where more than 120,000 health care providers are connected, at the request of the members Spong Lawyers asked for the bill legal to keys.
The amendment makes it possible for health insurers with all health care providers a check directly, and without the consent of the patient data. The law is adopted in order to fraud within the health care sector better able to address.
Lawyers of VvAA already had the suspicion that this bill is in conflict with the European Convention for the protection of Human Rights (ECHR). Spong Lawyers will confirm this after some research: the new law is in conflict with article 8 of the convention.
According to Sidney Smeets, Spong Advocaten, minister Edith Schippers (public Health) the ‘problem’ that the amendment seeks to address is insufficient. “Zorgfraude is objectionable, but the problem is smaller than was initially thought,” he says.
A fundamentally important, so the privacy of the patient, weighs according to the ECHR anyway heavier than a financial interest as fraud.
“The interest of the patient to privacy weighs always heavier,” says Smeets. “Medical diagnoses that hit the core of the private lives of the parties involved. And employees of health insurers do not fall under medical confidentiality. With this new law creates an unacceptable risk of privacy violation.”
Also, the lawyer that the affect of the medical professional is not necessary in order to combat fraud. “Existing instruments are not sufficiently exploited,” says Smeets.
“Health insurers have already very far-reaching powers of files to check. When there is a reasonable suspicion of fraud, the research on police and justice to be transferred. The court checks each case or the medical record of a patient should be viewed.” In practice, health insurers, however, this rarely.
Research among more than 23,000 members of the VvAA shows that 95 percent of the health care providers will find that the senate, the bill must reject. Of the health care providers is 97 percent that a patient always should be asked for permission before health insurance companies can gain access to files.
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