French Public Health Code
In forceIn order to promote the prevention, coordination, quality and continuity of care, each person has access to a shared medical record, under the conditions and subject to the guarantees provided for in articles L. 1110-4 and L. 1470-5 and in compliance with medical confidentiality.
The automatic opening of the digital health space, under the conditions laid down in I and V of article L. 1111-13-1, which provide for the possibility of the person or their legal representative objecting to it, automatically entails the creation of the shared medical record.
Any shared medical record already open on the date of opening of the digital health space mentioned in the same article L. 1111-13-1 is automatically integrated into this space. If the holder of the shared medical record or his/her legal representative objects to the opening of his/her digital health space, this shall not entail the closure of the existing shared medical record during a transitional period, the terms of which shall be defined by the decree provided for in Article L. 1111-21. At the end of this transitional period, the digital health space is automatically opened, unless the person or their legal representative confirms their opposition. This new objection will result in the shared medical record being closed.
If the patient is an adult subject to a legal protection measure with representation relating to the person, the objection provided for in the third and fourth paragraphs of this article may also be formulated by the person responsible for this measure, who will take account of the patient's opinion.
The Caisse nationale de l'assurance maladie is responsible for the design, implementation and administration of the shared medical record, in accordance with the conditions laid down by decree of the Conseil d'Etat issued after consultation with the Commission nationale de l'informatique et des libertés. It also participates in the design, implementation and administration of a secure communication system enabling the exchange of information between healthcare professionals.
This shared medical record is created with a personal health data host in compliance with article L. 1111-8.
Membership of the national agreements governing relations between health insurance organisations and healthcare professionals, as provided for in article L. 162-5 of the Social Security Code, and its continuation, are subject to consultation or updating of the shared medical record of the person being treated by the doctor.
The provisions of the previous paragraph are applicable as soon as the use of the shared medical record is possible in all the territories to which this section applies.
