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Patient Rights (Maximum Payment for the Provision of a Copy of a Medical Record or Inspection Thereof) Regulations, 5779-2019

תקנות זכויות החולה (תשלום מרבי בעד מסירת העתק רשומה רפואית או עיון בה), תשע"ט-2019

Published: 2019-01-08Consolidated Hebrew text as of 2023-09-18 · Last amended 2021-09-14
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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By virtue of my authority under Section 32(3) of the Patient Rights Law, 5756-1996 (hereinafter – the Law), and with the approval of the Labour, Welfare and Health Committee of the Knesset, I hereby make these Regulations:

Definitions§

1.

In these Regulations –

"magnetic media" – a means of data storage based on magnetisation;

"request" – a request for the receipt of a copy of a medical record, excluding such a request made by an insurer or on its behalf;

"attorney" – a person who has received from a patient a power of attorney to consent in the patient's stead to the receipt of medical treatment under Section 16 of the Law, or a continuing power of attorney for personal matters that includes authorisation to act in health matters under an explicit authorisation in that regard or under a general authorisation that has not been restricted, as referred to in Section 32m(c) of the Legal Capacity and Guardianship Law, 5728-1965 (hereinafter – the Legal Capacity Law), or a medical power of attorney within the meaning of Section 32o of the Legal Capacity Law, or a power of attorney under Section 37 of the Dying Patient Law, 5766-2005, or a power of attorney under Section 42 of the Genetic Information Law, 5761-2000;

"relative" – a spouse, parent, grandparent, descendant, brother or sister, or a spouse or descendant of any of these, including by reason of adoption;

"non-computerised record" – a medical record that is not a computerised record;

"computerised record" – a medical record stored in a computer file, including any type of magnetic media.

Medical Record§

2.
(a)For the purposes of these Regulations, each of the following shall be regarded as one unit of medical record, even if it is divided into several files or folders held at different sites of the same medical institution, the same district of a health fund or the same health fund, as the case may be, provided that it relates to the same person:
(1)a medical record at one medical institution;
(2)a non-computerised record held in one district of a health fund;
(3)a computerised record held in one health fund;
(4)a medical record held by a practitioner who does not treat the patient within the framework of a medical institution or health fund or on their behalf, even if it is divided into several files or folders held by the practitioner;

for this purpose –

"medical institution" – including a hospital belonging to a health fund, but excluding a clinic owned by a health fund;

"health fund" – including a clinic owned by it, but excluding a hospital belonging to it.

(b)Notwithstanding the provisions of sub-regulation (a), a non-computerised record and a computerised record shall each be considered a separate unit of medical record for the purposes of the maximum payment under these Regulations.

Maximum Payment for the Provision of a Copy of a Medical Record§

3.
(a)The maximum payment for the provision of a copy of a computerised medical record or part thereof requested within a single request, in respect of types of medical record listed in Column A of the Schedule, to the patient personally, to the patient's attorney who is the patient's relative, or to the patient's guardian, shall be the amount specified in Column B of the Schedule in respect of that type of medical record and in accordance with the detail set out in Column C.
(b)The maximum payment for the provision of a copy of a non-computerised medical record or part thereof requested within a single request, to the patient personally, to the patient's attorney who is the patient's relative, or to the patient's guardian, shall be the amount determined for the provision of a copy of a medical record in the Ministry of Health tariff; for the purposes of this sub-regulation, "Ministry of Health tariff" – the list of hospitalisation and ambulatory services tariffs published by the Ministry of Health on its website, reflecting the updated tariffs as determined from time to time pursuant to Orders made under Section 12 of the Commodities and Services Price Supervision Law, 5756-1996.
(c)The provisions of this regulation shall apply to the provision of a copy of a medical record created within the five years preceding the date of the request for the copy.
(d)The provisions of this regulation that apply to a guardian shall also apply to a relative of a deceased patient, in respect of a request submitted by one such relative for the receipt of a medical record relating to the medical treatments in the six months preceding the death, provided that the request was submitted within 30 days of the date of death.
(e)For the purposes of this regulation, "provision" – manual delivery at the medical institution, health fund or practitioner, to the patient personally, to the patient's attorney who is the patient's relative, to the patient's guardian, or to a relative of a deceased patient, as the case may be, or dispatch to the patient's current address as updated in the records of the medical institution, health fund or practitioner.

Exemption from Payment§

4.
(a)Access authorisation for the inspection of a medical record, to the extent granted, to the patient personally, or to the patient's attorney who is the patient's relative, or to the patient's guardian, or to a relative of a deceased patient, shall be without payment; for this purpose, "access authorisation for the inspection of a medical record" means viewing information about the patient displayed for inspection by a medical institution or health fund in an online electronic manner, by means of use of the internet.
(b)No payment shall be charged from the patient personally, from the patient's attorney who is the patient's relative, from the patient's guardian, or from a relative of a deceased patient, for the mere submission of a request for the provision of a copy of a medical record; payment for the provision of a copy of the medical record shall be charged at the time of its provision.
(c)Notwithstanding the provisions of regulation 3, no payment shall be charged from the patient personally, from the patient's attorney who is the patient's relative, from the patient's guardian, or from a relative of a deceased patient, for the provision of the documents listed below, once to one of them, upon completion of treatment or upon the patient's discharge from hospitalisation, as the case may be, provided that the documents relate to that treatment or hospitalisation:
(1)a discharge letter, visit summary, treatment summary or hospitalisation summary, at a doctor's or at a medical institution, as the case may be, a case sheet and a triage sheet;
(2)a copy of an examination, the results of the examination, and the interpretation of the results of the examination, performed other than in the framework of hospitalisation;
(3)instructions for continuing treatment, including upon completion of a visit in an emergency room;
(4)summaries for medical parties.
(d)Notwithstanding the provisions of regulation 3, no payment shall be charged from a patient, from the patient's attorney who is the patient's relative, or from the patient's guardian, for the provision of valid prescriptions and referrals.
(e)Notwithstanding the provisions of regulation 3, no payment shall be charged from a patient, from the patient's attorney who is the patient's relative, from the patient's guardian, or from a relative of a deceased patient, for the provision of a copy of a record or other document to which the patient is entitled to receive without payment under any law.

Savings Provisions§

5.
(a)Nothing in these Regulations shall confer a right to receive medical information about a patient on a person who is not entitled thereto pursuant to any law, and nothing therein shall derogate from a right to inspect medical information pursuant to any law.

Reporting to the Committee§

6.

The Ministry of Health and the health funds shall submit, once a year commencing in 2020, to the Labour, Welfare and Health Committee of the Knesset, reports on the implementation of these Regulations.

Commencement§

7.

The commencement of these Regulations is 90 days from the date of their publication; however, the commencement of regulation 3(b) is on the 27th of Kislev 5780 (25 December 2019).

Application§

8.
(a)The provisions of these Regulations shall apply to a medical record created from the 25th of Tevet 5771 (1 January 2011), in respect of which a request for its provision was submitted from the date of their commencement onwards.
(b)Where the patient is a child in foster care, within the meaning of the Foster Care for Children Law, 5776-2016 (hereinafter – the Foster Care for Children Law), the provisions of these Regulations that apply in respect of a guardian shall apply to the foster carer, in respect of information under the Law to which the foster carer is entitled to receive as referred to in Section 48(b) of the Foster Care for Children Law.
(c)The provisions of these Regulations shall not apply to a request for the receipt of a copy of a medical record produced by the medical branch of the Israel Prison Service.

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Schedule (regulation 3)

Schedule (regulation 3) — table
Column A – ServiceColumn B – Maximum Payment (in New Israeli Shekels)Column C – Details
1. Production of a copy of a computerised record, in printed output or on a disc or other magnetic media, and if a conversion operation to a computer file was required, the payment includes the conversion operation10Including the following: (1) an imaging examination that can be saved on a disc or other magnetic media; (2) results of an imaging examination that need to be converted to a computer file in order to provide a copy to the applicant (such as X-ray films, OCT, ultrasound examination and the like)
2. Each additional disc0—

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RegulationsAdministrative Law

תקנות זכויות החולה (תשלום מרבי בעד מסירת העתק רשומה רפואית או עיון בה), תשע"ט-2019

Patient Rights Regulations 2019

Medical Record Copy Payment Regulations

Takkanot Zchuyot HaChole

Patient Rights Medical Records

Maximum Payment Medical Records

Medical Record Access Regulations

Patient Medical Documentation Rights

Healthcare Records Inspection Fees

Medical Records Copying Fees

Zchuyot HaChole Regulations