Key Benefits:
103. Federal law amending the Public Health Law Act
The National Council has decided:
The Health Telematics Law (GTelG), BGBl. I n ° 179/2004, as last amended by the Federal Law BGBl. I n ° 36/2009, shall be amended as follows:
1. In Section 17 (1), the word order shall be deleted "after 31.12.2009" .
2. § 18 the following paragraph 4 is added:
" (4) The § § 17 (1) and (19) in the version of the Federal Law, BGBl. I n ° 103/2010, with 1. Jänner 2011 in force. "
3. § 19 reads:
" Transitional provisions
§ 19. (1) Where evidence or verification of identity, roles or integrity is not reasonable in accordance with the provisions of the second section, in particular in the absence of existing technical infrastructure, health data may only be passed on if at least the Identities and authoritiy roles of the health service providers involved in the transfer by
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personal contact or |
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telephone contact or |
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Contract provisions or |
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4. |
Electronic Directory Query |
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a) |
the Austrian Medical Association, or |
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b) |
the Austrian Dentists ' Chamber, or |
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c) |
of the Austrian Hebammen Body or |
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the Austrian Pharmacists ' Chamber, or |
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e) |
the main association of the Austrian social insurance institutions, or |
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f) |
of the Federal Minister for Health |
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is confirmed. |
(2) In the cases referred to in paragraph 1 (1), (1) and (2), prior to the initial transfer of the health data between the health service providers involved,
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Date and type of contact, |
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the full names and relevant roles of the health service providers involved in the transfer, |
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information on the accessibility of health service providers, and |
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the natural persons involved in the contact |
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shall be documented. The information on accessibility is to be kept up-to-date. |
(3) The transfer of health data may, exceptionally, be made by fax, subject to the conditions laid down in paragraph 1 (1) (1) to (3), if:
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The fax connections (including the possibility to print out fax connections installed in computer systems) are protected from unauthorized access and use, |
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proof of their timeliness, in particular after changes in the technical equipment and after the re-installation of fax machines, the telephone numbers, in particular the stored telephone numbers, are regularly checked, |
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3. |
automatic redirects, except to the respective health service providers themselves, are disabled, |
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4. |
the security mechanisms supported by the device are used, and |
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if only remote maintenance functions are activated only for the agreed duration of the remote maintenance. |
(4) The facilitated conditions referred to in paragraphs 1 and 3 may not be used if the use of health data, in accordance with the provisions of the second section, is based on the state of the technical possibilities and the state of the art. economic representability (§ 14 para. 1 DSG 2000) is reasonable.
(5) The Federal Minister for Health is authorized, after hearing the relevant statutory or any other relevant representations of interest, taking into account the fourth paragraph, with a regulation for certain health service providers the date on which the transfer of health data under the facilitated conditions of paragraph 1 and 3 is no longer permissible.
(6) In the case of the transfer of health data, the facilitated conditions set out in paragraphs 1 and 3 shall apply to all health service providers involved if, for at least one of the health service providers involved, the facilitated conditions as defined in paragraph 1 1 and 3.
(7) By 31 December 2015, § 6 shall not apply to the transmission of health data by radio for the purpose of the operational organisation of rescue services. "
Fischer
Faymann