Knowing the rules of the law makes your life easier. In particular, knowledge of health care legislation helps to uphold the right to information about oneself and, at the same time, helps to ensure the confidentiality of medical information. Any person has the right to access information about his / her health. And medical workers are obliged to preserve the medical secret.
Documents on the rights of individuals in the field of health that may come in handy:
- Constitution of Ukraine;
- Law of Ukraine "On Protection of Personal Data";
- The Civil Code of Ukraine;
- The Law of Ukraine "Fundamentals of Ukrainian Health Law".
Article 32 of the Constitution of Ukraine stipulates that no one has the right to interfere in the personal and family life of a person, except in cases stipulated by the Constitution. The health worker have to provide the patient with all available and reliable information about his health status. Medical documentation should be provided at the request of the patient or legal representative.
A person may not want to share information about a disease with his or her relatives, then she should identify the range of people who can report health status. Disclosure is possible only in individual cases and only in the interests of the patient.
Article 285 of the Civil Code of Ukraine defines the right to information on the state of his health and specifies that every adult person has the right to reliable information about his or her state of health, including access to relevant medical documents. And parents, adopters, guardian or trustee have the right to information about the health of the child or the ward.
In turn, article 285 of the Civil Code of Ukraine still mentions the right of a health worker to restrict the provision of information to a patient. This applies to the situation when information can worsen the health of such person or harm the treatment process. The same is stated in Article 39 of the Law of Ukraine "Fundamentals of Ukrainian Health Law".
Abought medical secrets, Article 132 of the Criminal Code of Ukraine states: "For the disclosure of medical information of incurable infectious disease criminal liability is provided".
A person who has identified HIV can rely on the confidentiality of information about his or her health status. In particular, test information is provided only to the person who received the test, to the health care professionals who provide assistance to that person, or, exceptionally, to other persons, if there is a relevant court decision. Information about the treatment of a person in a drug addiction institution can be provided to law enforcement authorities in case of bringing a person to criminal or administrative liability.