Legal Protection and Liability for Breaches of Confidentiality in Health Insurance Patients’ Medical Records

The implementation of procedures for opening medical records of Health Insurance patients, including Health Insurance Patients, requires legal certainty, so that what is done by doctors and health service facilities does not violate existing laws and regulations.Problem Formulation; How is the legal protection for the confidentiality of medical records of Health Insurance patients? 2. How is the legal responsibility for the confidentiality of medical records of Health Insurance patients? 3. What is the ideal legal protection for liability for violations of the confidentiality of patient medical records? The theoretical framework used is the Theory of Law Enforcement, the Theory of Justice, and the Theory of Legal Protection. The research method uses a Normative juridical research approach. The results of the research; Legal Protection for the Confidentiality of Medical Records of Health Insurance Patients, that; Philosophically and legally, medical records constitute medical confidentiality, which is everything that a patient, consciously or unconsciously, conveys to a doctor, or everything that the doctor has learned while providing health services to the patient. In carrying out its business activities, it applies the principles of Good Governance regarding information confidentiality and information transparency. Health Insurance Services, carry out the claim administration process in accordance with the standards and provisions of the Health Social Security Administration Agency Regulation Number 7 of 2018 concerning Management of Health Facility Claim Administration in the Implementation of Health Insurance. Although in submitting claims to Health Insurance "Y" is guided by the Standard Operating Procedure (SOP) based on Health Insurance Regulation Number 7 of 2018 concerning Management of Health Facility Claim Administration in the Implementation of Health Insurance. Legal Responsibility for Confidentiality of Health Insurance Patient Medical Records, has a legal basis based on Article 46 paragraph (1) of Law Number 29 of 2004 concerning Medical Practice and the provisions of the Minister of Health Regulation Number 269/Menkes/Per/III/2008 concerning Medical Records, that in principle, legally obliged to keep medical secrets related to the implementation of medical records and health information serves to protect hospitals and doctors in terms of law (medico legal). If a doctor discloses the confidentiality of medical records without the patient's consent or written permission from the Health Insurance patient, then the doctor is deemed to have violated or deviated from the provisions of Article 47 paragraph (2) in conjunction with Article 48 paragraph (1) of Law Number 29 of 2004 concerning Medical Practice and Article 11 paragraph (1) of Regulation of the Minister of Health of the Republic of Indonesia Number 269/Menkes/Per/III/2008 concerning Medical Records, as implementing regulations. Legal protection and legal liability for violations are integrated into Law Number 8 of 1999 concerning Consumer Protection. Furthermore, Article 48 of Law Number 29 of 2004 concerning Medical Practice deals with the preservation and disclosure of medical confidentiality.