[HEALTH LAW ARTICLE] 

ARE THE PATIENT PROVIDED WITH THE FULL CASE RECORDS? WHO IS THE AUTHORITY TO DECIDE THE PERMIT OF PERFORMANCE OF CASE RECORDS?

 Medical records are medical documents, the hospital only provides information related to diagnosis and treatment, not the entire copy of the medical record.

Heads of medical examination and treatment establishments have the authority to decide on permission to exploit medical records in some cases such as: providing medical records on the spot for reading or copying for research purposes. , professional and technical work; provided when representatives of state management agencies in charge of health directly manage medical examination and treatment establishments, investigation agencies, procuracies, courts, specialized health inspectors, insurance agencies, forensic organizations, forensic psychiatrists, lawyers borrow medical records on the spot to read or copy to serve assigned tasks according to their authorized competence, etc.

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As follows:

According to Clause 1, Article 11 of the 2009 Law on Medical Examination and Treatment:

1. To be provided with summary information on medical records upon written request, unless otherwise provided for by law.

According to Clause 4, Article 59 of the 2009 Law on Medical Examination and Treatment:

4. The head of a medical examination and treatment establishment shall decide to permit the exploitation of medical records in the following cases:

a) Interns, researchers, practitioners in medical examination and treatment facilities are allowed to borrow on-site medical records to read or copy for research or professional technical work;

b) Representatives of state management agencies in charge of health directly managing medical examination and treatment establishments, investigation agencies, procuracies, courts, specialized health inspectors, insurance agencies, and organizations Forensic assessment organizations, forensic psychiatrists, lawyers may borrow medical records on the spot to read or copy for their assigned tasks according to their authorized competence;

c) The patient or his/her representative may receive a summary of the medical record as prescribed in Clause 1, Article 11 of this Law.