Can a doctor disclose medical information to my insurance?
August 5, 2023 | 60,00 EUR | answered by Thomas Eiserfelder
Dear Medical Law Attorney,
I am reaching out to you with a question regarding the disclosure of medical information to my insurance company. Several weeks ago, I was treated by my primary care physician for health issues and underwent various examinations. Now, I have learned that my doctor may have shared this information with my health insurance provider.
I am worried as I do not want my insurance company to have knowledge of my medical history. I fear that this could have negative implications on my insurance coverage or that the information could be misused.
Could you please inform me if a doctor is permitted to disclose medical information to my insurance company without my consent? Are there legal regulations in place to ensure data protection in such cases? What options do I have to ensure that my medical data is handled confidentially and not shared without my consent?
Thank you in advance for your assistance and advice.
Sincerely,
Anna Kock
Dear Mrs. Kock,
Thank you for your inquiry regarding the disclosure of medical information to your insurance company. As a lawyer specializing in medical law, I understand your concerns and will provide a detailed response on this topic.
In general, a doctor is not allowed to disclose your medical information to third parties, including your health insurance company, without your consent. This is regulated in German data protection law, especially in the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR). According to these laws, the disclosure of health data to third parties, such as insurance companies, requires your explicit consent.
However, there are exceptions to this principle. For example, disclosure of your medical data without your consent may be necessary for billing purposes with your health insurance company. Also, in the context of medical assessments or legal reporting obligations, disclosure of your data without your consent may be permissible.
To ensure that your medical data is treated confidentially and not disclosed without your consent, I recommend discussing data protection with your doctor. You can explicitly inform your doctor that you do not consent to the disclosure of your data to third parties, including your insurance company. Furthermore, you can request your doctor to only disclose your data in an anonymized or pseudonymized form to protect your privacy.
If you are already aware that your medical information has been unlawfully disclosed to your insurance company, you can contact the relevant data protection authorities and file a complaint. They can investigate whether a violation of data protection laws has occurred and take appropriate action.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Thomas Eiserfelder
Lawyer specializing in medical law
