Up
Government against cancellation of prohibition to disclose confidential medical information
15.03.2016
The governmental commission on legislative activity gave a negative review of the draft law that cancels the prohibition to disclose confidential medical information to relatives and heirs of deceased persons. The draft governmental review mentions that the law provides a presumption of disapproval of the deceased patient to provide confidential medical information to interested persons, and sets out an exhaustive list of cases, in which providing such information is allowed without consent of the patient or his legal representative. According to the government, the draft law does not take into account that personal non-property rights are not subject to inheritance.
The law on healthcare allows to provide such information to the spouse, immediate relative (children, parents, adopted children, adoptive parents, blood siblings, grandchildren, grandparents), and in their absence - to other relatives, as well as law enforcement authorities, senior lawyer of YUST Law Firm Ekaterina Shestakova reminded to Vedomosti newspaper. The expert agrees with the government’s review about the fact all confidential medical information should not be disclosed to relatives, much less to heirs: “Otherwise any information concerning the deceased seeking medical assistance, even unrelated to the cause of death, will be accessible to the public, which is in direct contradiction to the presumption of privacy protected by law.” In addition, heirs can be not only relatives, but also any persons of the deceased’s choice (testamentary heirs) for whom medical confidentiality is in no way connected to inheritance, Ekaterina Shestakova summarized.
Read more
The governmental commission on legislative activity gave a negative review of the draft law that cancels the prohibition to disclose confidential medical information to relatives and heirs of deceased persons. The draft governmental review mentions that the law provides a presumption of disapproval of the deceased patient to provide confidential medical information to interested persons, and sets out an exhaustive list of cases, in which providing such information is allowed without consent of the patient or his legal representative. According to the government, the draft law does not take into account that personal non-property rights are not subject to inheritance. The law on healthcare allows to provide such information to the spouse, immediate relative (children, parents, adopted children, adoptive parents, blood siblings, grandchildren, grandparents), and in their absence - to other relatives, as well as law enforcement authorities, senior lawyer of YUST Law Firm Ekaterina Shestakova reminded to Vedomosti newspaper. The expert agrees with the government’s review about the fact all confidential medical information should not be disclosed to relatives, much less to heirs: “Otherwise any information concerning the deceased seeking medical assistance, even unrelated to the cause of death, will be accessible to the public, which is in direct contradiction to the presumption of privacy protected by law.” In addition, heirs can be not only relatives, but also any persons of the deceased’s choice (testamentary heirs) for whom medical confidentiality is in no way connected to inheritance, Ekaterina Shestakova summarized.
Read more
Rankings and Partners
