ELECTRONIC HEALTH RECORDS AS A LEGAL BARRIER OF CROSS-BORDER PROVIDING OF HEALTH CARE - PARADOX?

Abstract

The subject of this article is the analysis of the Institute of Electronic Health Documentation, which has been discussed within the European Union for some time, but its current form in the legal systems of member states of the European Union does not correspond to the outlined vision. Electronic health documentation represents one of the pillars of e-Health, whose goal is to provide correct information at the right time, in the right place, and in the right form in all stages and processes of health care. The author deals with Slovak and European legislation related to electronic health documentation, presents the so-called electronic health book existing in the conditions of the Slovak Republic, and draws attention to the proposal for a new European regulation on the European Health Data Space, which aims to harmonize the rules for the creation and use of electronic health data, and thus strengthen the role of electronic health documentation for (including cross-border) provision of health care. The article aims to emphasize the most important challenges of the current and future legal regime of the transfer and exchange of electronic health data and other related ideas.