FDPIC – Release of nur­sing reports to health insurers

We con­clude from this that, befo­re issuing such reports, the heal­th­ca­re pro­vi­der must inform the insu­red that a cor­re­spon­ding request has been recei­ved from the health insurer. He must then inform the insu­red of the pos­si­bi­li­ty of trans­mit­ting the­se reports via the medi­cal exami­ner. Only if the insu­red per­son does not make use of this opti­on may the ser­vice pro­vi­der send the reports to the admi­ni­stra­ti­on of the insu­rance com­pa­ny. Other­wi­se, he risks cri­mi­nal pro­ce­e­dings for vio­la­ti­on of medi­cal sec­re­cy. Sin­ce such a pro­ce­du­re may be admi­ni­stra­tively com­plex and time-con­sum­ing, and sin­ce the ser­vice pro­vi­der will not be com­pen­sa­ted for his ser­vices as long as this is the case, he has the right to choo­se the path via the medi­cal exami­ner even wit­hout the ins­truc­tion of the insu­red person.

Source: FDPIC – Release of nur­sing reports to health insurers

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