Clarita Ayu Putri Setya, . (2024) PERLINDUNGAN DAN PERTANGGUNG JAWABAN HUKUM TERHADAP REKAM MEDIK PASIEN BPJS DALAM PERSPEKTIF KEPASTIAN HUKUM. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
Medical records as a matter of confidentiality are the responsibility and obligation of every medical and health worker to keep the health data of the patients they treat confidential. However, in 2021 there was a data leak from patients participating in BPJS Health, where there were 279 million records of personal data information about BPJS Health patients spread and traded on Raid Forums. Then it happened again at the beginning of 2022, where around six million medical records of Covid19 patients were sold on the Raid Forums site. This research aims to analyze and describe the implementation of the Social Security Administering Agency's patient medical record regulations based on applicable provisions and to analyze and outline legal protection and accountability for the Social Security Administering Agency's patient medical records from the perspective of legal certainty. This research uses empirical normative legal methods (Socio-Legal). The results of the research show that the implementation of BPJS patient medical record regulations is regulated through the Health Law and technically implemented on the basis of Minister of Health Regulation Number 24 of 2022 concerning Medical Records. The Health Law only provides responsibility for protecting medical record data but does not regulate provisions for sanctions against misuse of medical record data that may occur. Meanwhile, in Minister of Health Regulation 24 of 2022 there are conditions that are difficult to differentiate regarding the responsibility of the Ministry of Health and Hospitals regarding the Opening of Medical Record Data because sanctions are only given to health facilities. Furthermore, patient medical records can be distributed by hospitals to health insurance providers (BPJS), however BPJS Health is not included in the party responsible for the protection of medical record data and leakage of medical record data, whether referring to the BPJS Law, the SJSN Law, to Minister of Health Regulation 24 of 2022. Researchers conclude that the policy of protection and legal accountability for patient medical records of social security administering bodies from the perspective of legal certainty has not yet been fully realized. Therefore, the hospital and BPJS are under the same obligation to protect and account for leaks of BPJS participant medical record data. Furthermore, it is recommended that efforts to achieve legal certainty in the protection and accountability of patient medical record data be confirmed by improving several regulations such as the PDP Law and the BPJS Law which aims to emphasize the importance of protecting patient medical record data.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil : 2210622018] [Pembimbing 1 : Abdul Kolib] [Pembimbing 2 : Handoyo Prasetyo] [Penguji 1 : Handar Subhandi Bakhtiar] [Penguji 2 : Muthia Sakti] |
| Uncontrolled Keywords: | Medical Records, BPJS, Legal Protection, Legal Certainty |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | CLARITA AYU PUTRI SETYA |
| Date Deposited: | 22 Aug 2024 04:23 |
| Last Modified: | 22 Aug 2024 04:23 |
| URI: | http://repository.upnvj.ac.id/id/eprint/30066 |
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