New French public Health law

The French National Assembly agreed on the project of a new Public Health Law in April 2015 , in order to simplify Healthcare data management.

There is currently in France a dual system of personal healthcare data hosting accreditation,  based on an application review made by the CNIL along with the CAH.

Chapter II –VII – Article 50 – I – 4° of the Law plans 4 actions to ease the handling of Healthcare datas, including the following:

• Possibility for healthcare professionals to access personal medical data of their patients.
• Possibility for the appointed Doctor to access personal medical data of its patients.

Health centers and HCPs (Healthcare Professionals), which are to be considered as the data controllers, will have to get the explicit consent of the patient for the contract with the hosting system to be formed, as in telemedicine.

Further to expanding that system abroad, this evolution would free public authorities from important costs and substantial workloads. These adjustments are required in particular because of rules of Law no longer fitting the fast evolution of technologies in the Health sector.

2 additional concepts are worth quoting:

• The introduction of Secure Messaging for Healthcare (“MSSanté”): follow-up letters between attending physician and Healthcare facilities can be dematerialized and transmitted using the MSSanté after being tabled in the Shared Medical Record (“DMP”) of the patient.
• The spreading of this Shared Medical Record is laid down by the new Public Health Law project.
• The deployment of that Shared Medical Record is laid down by the new Public Health Law.

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