Analysis Of The Implementation Of Telemedicine Services In Health Applications In Terms Of Health Law (Case Study on Telemedicine Services Organized by Health Service Facilities, Ministry of Health and Startup Businesses in the Health Sector)

Abstract

The phenomenon of implementing health services by startup business actors in the health sector is a new legal problem that is currently being discussed. Although several startups have become partners of the Ministry of Health during the pandemic, none of the laws and regulations issued by the Ministry of Health mentions health startups as an allowed organizing body. If its existence is not legally recognized, it will certainly be a problem in the future because the implementation of health services is closely related to a person's life. This study aims to examine the legal phenomenon of providing online health services organized by start-up businesses in the health sector and how to anticipate the law against this phenomenon. This study applies qualitative data analysis methods with inductive and deductive theories in making decisions. The results of the study found that three regulatory and policy instruments related to the implementation of telemedicine services that are currently being used as references. First, the Regulation of the Minister of Health Number 20 of 2019 concerning the Implementation of Telemedicine Services between Health Service Facilities. Second, Decree of the Minister of Health Number HK.01.07/MENKES/4829/2021 concerning Guidelines for Health Services Through Telemedicine During the Covid-19 Pandemic; and Third, Indonesian Medical Council Regulation Number 74 of 2020 concerning Clinical Authority and Medical Practice Through Telemedicine During the Covid-19 Pandemic in Indonesia. The three instruments described previously have limitations as guidelines for implementing telemedicine services that are currently developing. Minister of Health Regulation 20/2019 only regulates the implementation of telemedicine between health facilities. Meanwhile, Kepmenkes 4829 and Perkonsil 74/2020 limit the implementation of telemedicine in a pandemic situation. When the government revokes the Covid-19 pandemic situation, there will be a void of instruments that will guide the implementation of telemedicine. Because since the Covid-19 pandemic until mid-2022, the government through the Ministry of Health has been active in issuing regulations related to telemedicine, this research is limited by year, starting from 2016 to 2022. The uniqueness of this research compared to similar research is that the object of this research consists of three direct providers, namely telemedicine organized by Health Service Facilities, Ministry of Health and Start-Up Businesses.