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Support for Electronic Health Records in Czech Law

Author(s): Otto Dostál, Milan Šárek

The spreading use of the e-Health applications in healthcare raises questions about the legal aspects of this development. In this paper, we wanted to look into such questions related to one of the most basic elements of any e-Health solution - electronic health records - in Czech law. The article aimed to create a review of the national legislation related to electronic health records currently in force (which means primarily the Care for Health of the People Act n. 20/1966 Sb.), and to identify possible legal issues that could be preventing the deployment of e-Health Applications. The article shows that the Czech law indeed allows usage of electronic health records, and sets relatively detailed rules in some areas such as what information must be included inside it, and how to archive the data. However, it offers little guidance regarding some other situations, like it is ignoring the question of technical standards for interoperability. The briefness of the Act leaves lot of the decisions related to the development of the e-Health applications up to the individual healthcare facilities.


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