חוק ניוד מידע רפואי (תיקון מס' 2), התשפ"ה–2025Law on Portability of Medical Information (Amendment No. 2), 2025 · automatic translation · suggest a correction

Official summary of the law (Knesset)

This amendment to the Medical Information Transfer Law adds to the healthcare service providers listed in the Law the IDF Medical Corps and the Israel Prison Service's Medical Department, as well as other public bodies responsible for providing medical treatment, listed in the Second Addendum: the Ministry of Defense with respect to providing medical treatment to IDF disabled persons, and the Ministry of Welfare and Social Security with respect to providing medical treatment in residential facilities. These bodies will be required to transfer medical information in accordance with the provisions of the Law and will be entitled to request a permit to receive medical information for the purposes listed in the Law. With respect to the IDF Medical Corps and the Israel Prison Service's Medical Department, provisions similar to those established in the Law regarding a person's insuring health fund were set, since as long as a soldier is entitled to health services from the Medical Corps under the National Health Insurance Law, the Medical Corps is responsible for providing medical treatment, and the same applies to the Israel Prison Service's Medical Department with respect to a prisoner as long as he is held in custody. Among other things, such provisions were established regarding the transfer of the medical file from the health fund in which the soldier was insured to the Medical Corps, or from the health fund in which the prisoner was insured to the Prison Service's Medical Department, and back to the insuring health fund after the end of a soldier's entitlement to such health services or after the end of a prisoner's detention in custody, as well as regarding authorization for continuous access to medical information about a soldier or prisoner. Secondly, the amendment to the Law authorizes the Director-General of the Ministry of Health to also grant a permit to receive medical information to a public body listed in the Third Addendum, which requests medical information about a person that is required in order to provide a right or service that the public body provides, by law or by virtue of its public function, and which involves receiving medical information, as detailed in that addendum with respect to each public body, provided that the other conditions set out in the Law are met with respect to the public body, including, as stated, a requirement for that person's consent. The Third Addendum lists the National Insurance Institute, the Ministry of Defense, the Ministry of Health, the Ministry of Welfare and Social Security, the Ministry of Transport and Road Safety, and the Civil Aviation Authority, with respect to the rights and services listed in that addendum. In this regard it was determined that the public body shall not condition the provision of a right or service on the person's consent to the transfer of medical information about him under the Law, and that a person's rights or the services provided to him shall not be harmed if he did not consent to the transfer of medical information about him for the purpose of providing rights or services under the Law. In addition, with respect to authorization for continuous access to medical information for the purpose of providing rights or services, it was determined that the request for consent to grant access authorization to medical information presented to a person shall also include the option to consent to a one-time access authorization only, and it was further determined that continuous access authorization may not be used after eligibility for the right has been determined or after the provision of the service has ended. The Director shall be entitled to determine in a procedure that, with respect to the provision of a particular right or service, continuous access authorization may also be granted for periods exceeding one year, subject to the person's consent, if the Director found that the characteristics of providing the right or service indicate the existence of a need for continuous access authorization under these circumstances. It was also determined that the Minister of Health, with the consent of the Minister of Finance and the minister in charge of the relevant public body, and with the approval of the Knesset Health Committee, shall be entitled to amend the Second Addendum and the Third Addendum by order, thereby enabling the addition of public bodies in the future. Finally, in order to enable the bodies added in this amendment as healthcare service providers to prepare for implementation of the Law, a gradual application was established with respect to the Israel Prison Service, the Ministry of Defense, and the Ministry of Welfare and Social Security, such that they will be required to transfer information regarding information baskets one year later than the dates currently set in the Law, and it was further determined that the minister in charge of them, with the approval of the Knesset Health Committee, shall be entitled to postpone these dates by order, all or part of them, for additional periods not exceeding one year in total, after considering, among other things, the completion of preparations for implementation of the Law, including the resources required for this. In addition, the provision enabling the Minister of Health, with the Committee's approval, to postpone by order the original dates set in the Law for two additional periods not exceeding two years each, was amended so that it also applies to healthcare service providers added in this amendment.

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Sponsors

Yonatan Mashriki, Erez Malul, Ron Katz