Wednesday July 15, 2009

I REFER to the article “Docs violating patient confidentiality, says NUBE” (The Star, July 13).

As pointed out by the secretary-general of the National Union of Bank Employees, we are aware that certain banks make employees who seek medical treatment with guarantee letters (GL) sign a consent letter authorising the doctor to reveal the workers’ ailments, including present and past medical history with copies to the bank.

This is also true for GLs issued by insurance companies, managed care organisations (MCOs)and third party payers.

The attending doctor is only authorised to release information to a third party with the explicit consent (preferably in writing) of the patient. Once written consent is given by the patient, failure of the doctor to act accordingly is also wrongful in law.

Under the existing law and regulations of the Code of Professional Conduct of the Malaysian Medical Council, confidentiality of a patient’s medical records is clearly protected.

The basic issue arising then is not that the doctor is acting in cahoots with the employer, but that these pre-agreed contractual terms between the patient and the payer are infringing upon the basic rights of the patient.

The same applies to contracts for the provision of medical care by insurance companies, MCOs and Third Party Payers (TPPs).

The situation reflects an inherent weakness in existing laws to protect the patient.This is an area where advocacy by unions such as NUBE, consumer and healthcare NGOs will be useful to influence the Government to enact laws to protect the rights of patients.

The FPMPAM will lend its support for such efforts to protect the rights of patients.

DR STEVEN CHOW,

President,

Federation of Private Medical Practitioners Association of Malaysia (FPMPAM).

Source: http://thestar.com.my/news/story.asp?file=/2009/7/15/focus/4317841&sec=focus