Medical confidentiality towards employers,health insurance medical services and health insurance companies from the point of view of a medical society
Kamps, H.
Zeitschrift für Arztliche Fortbildung und Qualitatssicherung 93(10): 754
1999
ISSN/ISBN: 1431-7621 PMID: 10683893 Document Number: 505066
In the Federal Republic of Germany, the medical discretion is protected by criminal law section 203, by section 9 of the medical professional law, and by the state law regarding data protection. Patient's secret may only be revealed if the patient agrees, if a law demands or allows the revelation, or if a legal good of higher value facilitates the revelation. The employer may be informed about the fact of sickness of an employed and about the results of an occupational medical screening but not about diagnosis and therapy. Under specific circumstances, the health insurance companies have the right to demand revelation from the physician if this is legally permitted or if the patient agrees. Certified hospitals have to reveal certain data to the insurance companies. Medical services of health insurances have the right to demand certain data from the physician if a health insurance company has ordered an expert witness opinion or examination and if the revelation is necessary for this examination. If it is suspected that there is a mismanagement about the numbers of beds occupied by patients in a hospital, the medical service of a health insurance may examine all patient's records related to the health insurance of interest. There exists no legal rights or duties to reveal information to private health insurance companies. The revelation of patient's data to such companies is most commonly not allowed.