Shortly before the summer vacations, the Wegiz went into effect (July 1). The law requires healthcare providers to exchange patient data with each other electronically from now on. The use of other data carriers such as DVD, USB stick, fax or mail are thus ultimately no longer permitted. Based on this Act, rules for data exchange in healthcare will be established in the coming years.
The purpose of the Wegiz is twofold. On the one hand, it is expected that by putting an end to the fragmented way in which patient data is transferred, the chances of errors and data leaks will be reduced. In addition, the idea is that a uniform exchange will increase efficiency.
The Act is a so-called framework law that is, it provides the frameworks for data exchange in healthcare. The Act regulates responsibilities and general principles and procedures. It also offers the possibility of more concrete rules in the future. Thus, the Act only regulates how data is exchanged and not whether data may be exchanged. To answer the latter question, the General Data Protection Regulation (AVG), the AVG Implementation Act (UAVG) and sector-specific legislation, among others, apply.
The Wegiz focuses on health care providers covered by the Health Insurance Act (ZWV), the Long-Term Care Act (WLZ) and other forms of care covered by the Care Quality, Complaints and Disputes Act.
Care covered by the Youth Act and the Social Support Act 2015 (Wmo 2015) are currently still outside the Wegiz. This is because the same systems and organizational structures are already being used here. In the future, an extension of the legal obligation to other parts of the social domain is to be expected.
The law applies to all healthcare providers covered by the above laws: hospitals, general practitioners' offices, psychiatric facilities, nursing homes and physical therapy practices.
In addition, ICT suppliers to these healthcare providers also face the Wegiz. This is because the Act requires that standards be established that ICT suppliers' software must meet.
The Wegiz has a so-called two-track policy.
The first track provides the obligation to exchange data electronically. The Minister establishes that healthcare providers must exchange data electronically with each other as of a certain date. From that set date, healthcare providers may only exchange patient data electronically in the prescribed manner.
The second track regulates the prescribed way: how the data is to be exchanged.
The designated data exchange must therefore proceed electronically and according to the standards as of a certain date.
This means that IT vendors' software must be certified. Healthcare providers, in turn, are required to use certified software.
The Netherlands Standardization Institute (NEN), in cooperation with the healthcare field, will develop NEN standards and certification schemes. Once these are available, all ICT systems must comply with these standards.
Because the Wegiz is a framework law, it is not yet certain when the rules for data exchange for the various parties will take effect. The law regulates the framework, in the various so-called General Measures of Administration (AMvB), regulations issued by the Minister, the content will be regulated.
The so-called "Multiyear Wegiz Agenda" provides clarity on prioritization but no concrete implementation dates yet. The agenda, drawn up by the Ministry of Health, Welfare and Sport and the Healthcare Information Council, lists the data exchanges that are suitable for electronicization. Currently, 12 types of data exchanges have been identified that need to be digitized. Of those twelve, five types of data exchanges have been stamped "priority." They are:
- transmission of basic data (basic patient information),
- Exchange of image and report (MRI scans or heart scans),
- nursing transfer (information for nursing homes and hospitals),
- medication transfer (digital prescribing of medication) and
- acute care transfer.
So these are first on the schedule. These data exchanges are expected to begin first starting Jan. 1.
The Multi-Year Wegiz Agenda will be updated periodically.
The transition to electronic data exchange is thus a step-by-step process. The frameworks are in this law, the introduction and elaboration will take place step by step in the coming years.
