The national government enacted the law through which a program of digitization of medical records so that patients have free access to theirs.
The initiative was approved on February 28 by the Chamber of Deputies in the last session of the extraordinary period and this Thursday by the Decree 144/2023 published in the Official Bulletinits promulgation has been formalized.
Indeed, the Ley 27.706 establishes the creation of Single Federal Program for Computerization and Digitization of Medical Records of the Argentine Republic “with the aim of establishing, progressively, the Single System for the Registration of Electronic Clinical Records, respecting the provisions of Chapter IV of Law 26.529 on the Rights of the Patient in their relations with Professionals and Health Institutions and by Law 25.326 on the Protection of Personal Data and its amendments”.
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In this way, all patient information will be documented in a single system in which the record of all medical-health interventions of health professionals and auxiliaries, which is provided on the national territory, whether in public establishments of the health system of national, provincial or municipal jurisdiction, and of the Autonomous City of Buenos Aires, as well as in private establishments and social security.
In addition, it has been established that it must contain the clinical data of the person or patient, “in a clear and understandable way, from birth to death”.
“The information provided cannot be altered, without the relevant modification being recorded, even in the event that their purpose is to correct an error in accordance with the provisions of Law 25.326 relating to the protection of personal data and its amendments”, indicates the text. of the law.
He Unique Electronic Medical Records Registration System “guarantees patients and health professionals access to a database of clinical information relevant to the health care of each patient from anywhere in the national territory, guaranteeing that the consultation of their data will be limited to any authorized person”.
The initiative guarantees free access and monitoring by the patient of his medical history. In addition, the system must provide for the recovery of files and the durability of information. The system must be auditable and able to be inspected by the corresponding authorities.
The Government emphasized the “integrity” in that the information contained in the computer system for the provision of digital services “remains complete and unaltered and, where appropriate, that it has only been modified by the person authorized to for this purpose, in accordance with the provisions of this law”.
The initiative aims to ensure “the preservation of the confidentiality, integrity and availability of information, in addition to other properties, such as authenticity, accountability, non-repudiation and reliability”.
The patient is the owner of the data and at all times has the right to know the information contained in the Electronic Medical Record, which is the digital, mandatory, time-stamped, individualized and complete document, in which all health care actions are recorded. .made by medical professionals and assistants to each patient, endorsed with the digital signature of the responsible person.
“Storage, updating and use are carried out under strict conditions of security, integrity, authenticity, reliability, accuracy, intelligibility, preservation, availability and access” , underlines the law.
“Informed consents, medical and/or professional indication sheets, nursing forms, surgical protocols, dietary prescriptions, vaccination certificates, studies and practices carried out, rejected or abandoned are part of it”, specifies the initiative which was promulgated today. today.