/ Official Gazette Published Law on Interoperability of Medical Records

The new law, already in force, modifies the definition of medical record to guarantee the continuity of patient care, regardless of the health provider, and establishes interoperability standards that can be demanded of both public and private providers.

Maria Ignacia Ormeño Sarralde
Associate Attorney

On May 28, 2024, Law 21,668 was published in the Official Gazette, which amends Law No. 20,584 (Law on Patient’s Rights and Duties) in order to establish the interoperability of medical records.

Patients, throughout their lives and due to various circumstances, are treated by health care providers, receiving health care from each one of them. The Law seeks to give them greater freedom to choose between different health care providers and not be limited by lack of information on their own health condition. These limitations are related to the fact that a patient’s entire medical record is not necessarily available to a health care provider and, therefore, cannot be easily accessed. It also guarantees the continuity of health care.

In order to comply with the above, this new law includes material amendments to the law governing the rights and duties that individuals have in relation to their health care. Specifically, it modifies the definition of medical record, its characteristics and access, in order to guarantee the continuity of patient care, regardless of the healthcare provider. This is achieved by establishing interoperability standards for medical records, which will be required of both public and private providers.

Definition of medical record

The Law defines it as “the mandatory instrument in which the set of information relating to the different areas related to the health of individuals is recorded, kept by one or more health care providers, to the extent that they carried out the care recorded, the purpose of which is to integrate the necessary information in the care process of each individual, and to allow continuous, coordinated care focused on the individuals and their medical needs”.

Measures to be adopted by healthcare providers

They must adopt measures that allow interoperability with other health care providers and timely access to the information contained in the medical record, which is necessary to ensure the continuity of patient care, when required by a health care professional directly involved in the care of the holder of the data contained therein.

Entry into force of the Law

The Law became effective upon its publication. However, it establishes that the Ministry of Health must update the regulations on medical records within eighteen months from May 28, 2024. In other words, the content of the measures to be adopted by healthcare providers will be available and will be mandatory as indicated in the regulation itself. The purpose of updating the regulation will be to establish the standard that will allow medical records to interoperate.

Click here to read Law 21,668.