These General Conditions for Laboratory Services regulate the contractual relations between the Laboratoires Réunis Luxembourg S.A., established with registered office at 38, rue Hiel, Z.A.C. Laangwiss, L-6131 Junglinster, registered with the Luxembourg Trade and Company Register under Number B 200637 (hereinafter the Laboratory) and the patient receiving laboratory services, or between respectively the guardian or the legal representative of a minor (hereinafter the Patient).
Biological analysis designates diagnostic tests, including the following stages: collecting the sample, the laboratory test and the interpretation of the laboratory test, all of which produces the biological profile.
Genetic analysis designates laboratory research for alteration in a Patient's genes or modifications in the level or structure of the key proteins coded by specific genes. Genetic analysis may also be used to diagnose a disease in a Patient presenting symptoms and can help to determine the risk of developing a disease.
Health insurance fund designates one of the public organisations with responsibility for health insurance in Luxembourg or abroad.
Medical file designates the laboratory medical file for the Patient, which contains all the results of biological and/or genetic analyses conducted by the Laboratory, together with the personal data required to identify the Patient.
Biological sample designates any element or product taken from the human body and belonging to the Patient, which can be tested in a biological and/or genetic analysis by the Laboratory.
Consent form for the conduct of genetic analyses designates the form on which the Patient gives his express consent to the conduct of specified genetic analyses, for himself, for his child, or for the person over whom he has legal authority.
Laboratories Act designates the law amended on 16 July 1984 concerning medical analysis laboratories.
PATLogin (*) designates the provision to the Patient of personal, secure access on line to the PATLogin service, which contains the Patient’s personal database and which enables the following procedures:
The object of these General Conditions is to regulate the relations between the Laboratory and the Patient with regard to the performance of medical biological analyses by the Laboratory.
All requests for a biological and/or genetic analysis must be based on a prescription provided by the prescribing doctor.
The collection of a biological ample is performed by the Laboratory itself or by a medical body or doctor, who will send the biological sample to the Laboratory.
The Laboratory performs the biological analysis, the technical procedure of which makes it possible to obtain a result for the biological analysis.
The validation of the result of the biological analysis and its communication to the prescribing doctor are the responsibility of the Laboratory. The Patient receives a copy of the analyses, if he has requested this from the prescribing doctor or if he has registered with the PATLogin service, allowing him access to his analyses.
The prescribing doctor is responsible for interpreting the results of the biological analysis in the light of the medical context.
The Patient may request a blood-sampling centre of the Laboratory to undertake a biological analysis. For some analyses, the Patient may request the doctor to take the biological sample.
The request to the Laboratory for a biological analysis must contain the following elements:
Information on specific analyses is available on the Laboratory's Internet site at the address: https://www.labo.lu under the heading: Services, whereas the forms and questionnaires can be found under the heading: Downloads.
The Laboratory is at liberty to refuse to perform a biological analysis, if the information and documents listed above have not been provided or if it considers that the biological sample sent by a doctor does not conform to the applicable standards. The refusal by the Laboratory does not confer the right to any compensation whatsoever or to a reimbursement. In this case the Patient may request that fresh biological analysis is performed, without further charges from the Laboratory.
Two weeks shall be allowed to submit a request. Once this period has expired, the file shall be closed and a new request to have the biological analyses performed will be required.
Requests for genetic analyses must be accompanied by:
The prescribing doctor advises on genetic issues appropriate to the Patient in the form of information prior to the genetic analysis and interprets the result of the genetic analysis in the medical context. He ensures that the conditions under which the sample is taken from the Patient are correct and that the biological sample is delivered to the Laboratory.
The Patient is responsible for the accuracy of the personal details as to his health, which he provides to the Laboratory for the purpose of the conduct of the genetic analyses.
The Patient is informed that genetic analysis does not make it possible to diagnose with certainty a disease or the predisposition to a disease, for the analyses performed cannot investigate all the risk factors relative to a specific disposition or the potential evolution of the disease. Complex variables, such as the level of risk of developing a reaction to a medicine or of suffering from multi-factorial diseases, in which genetic factors are not totally decisive, must be taken into consideration.
The Laboratory is obliged to exercise due care in performing biological and genetic analyses.
The Laboratory ensures the security of its information systems and the confidentiality of the Patient's data.
The Laboratory shall be liable solely in the event of serious professional misconduct, duly proven. In every case, compensation shall be limited to the foreseeable, direct, personal and certain damages suffered by the Patient, to the exclusion of all indirect and immaterial damage.
The Laboratory shall not be liable as regards the Patient, when the prescribing doctor, who is the recipient of the patient's data and/or of the results of the Patient's analyses, passes these data or these results to a third party.
The Patient may not claim damages and interest when the failure to perform its obligations by the Laboratory or the delay in performance arises from a case of force majeure, exceptional circumstances or from an external cause.
The Patient expressly indemnifies the Laboratory against any claim of legal action by a third party, on any ground whatsoever, linked to the requests for biological analyses or to the data communicated to the Laboratory.
Pursuant to Article 3 bis (2) Laboratories Act, the manager of the Laboratory, with whom the Patient has been dealing, retains liability for the entirety of the phases of biological analysis, including in the case where one of these, in whole or in part, has been conducted by another medical biology laboratory.
The Laboratory ensures the security of its information system and the confidentiality of the Patient's medical data.
The Laboratory is at liberty to transfer to another laboratory the biological analyses, for which it has not itself the resources to perform, in conformity with the regulations in force.
The biological samples for the Patient are conserved by the Laboratory for minimum period of one to three years, depending on the type of sample, in conformity with the regulation in force.
The Laboratory undertakes to keep the patient's data strictly confidential.
In conformity with the regulations in force on the processing of data, the Patient may request the Laboratory by letter, to allow him access, to correct and delete the data concerning him.
The Patient's personal data, (contact details, results of medical analyses, invoices) are processed and stored by the Laboratory in conditions ensuring a high degree of confidentiality. The Patient is, however, notified that there is always a risk present in all data processing, whether computerised or not.
The Laboratory possesses a system, which ensures the efficient protection of data.
The personal data required to identify the Patient and the medical data are processed and stored by the Laboratory in conditions ensuring a high degree of confidentiality.
The Patient may request the Laboratory by letter, to allow him access, to correct and delete the data concerning him, the conservation of which is not required by law.
The Patient consents to the collection and processing of his medical and/or genetic data pursuant to the law on the processing of data.
The Patient consents to the use of the residue of his biological samples by the Laboratory in investigating the validity of reagents and test methods, in conformity with the regulations in force concerning in vitro diagnoses.
The Patient consents to the Laboratory sending the medical data collected to the prescribing doctor, respectively allowing him access to these data via the electronic portal of the laboratory designated by MEDLogin. The Patient is, however, notified that there is always a risk present in all computerised data processing.
The Laboratory is not liable for the use of these data by the prescribing doctor nor for the communication of these data by the doctor to other doctors or to third parties.
The Patient consents to the use of his data and the residues of biological samples in research projects duly authorised and in conformity with the regulations in force.
Requests for biological analyses specified in the General Conditions are not covered by the principle of third party payer by the Health Insurance Funds.
The Patient must pay the Laboratory for the biological analyses on receipt of invoice from the Laboratory, in compliance with the payment methods specified below.
The Laboratory's invoices are in Euros and payment must be in Euros.
Unless otherwise provided, the Patient undertakes to pay the Laboratory within two weeks.
The Patient is at liberty to pay the Laboratory's invoices using the payment method of his choice, either by bank transfer to the BIL Luxembourg bank to the following account: LU47 0024 1773 8544 9800 / BIC : BILLLULL or by Visa or MasterCard.
The Laboratory provides free access to Patients to a system of payment by Internet for the settlement of invoices, via its site, https://www.labo.lu.
The results of the biological analyses shall be provided to the Patient and to the prescribing doctor, as the case may be, within two days of receipt of payment.
The Conditions of Use and the request for use of the PATLogin service are contained in the Annex and must be the object of a separate agreement.
These General Conditions are governed by the law of Luxembourg and in particular by the law on data processing.
All disputes relating to the validity, the interpretation the performance of the General Conditions shall regulated on an amicable basis between the parties.
In the absence of an amicable agreement, the Courts of the Grand Duchy of Luxembourg shall be solely competent for all disputes between the Patient and the Laboratory.
In the event that one of the clauses of the General Conditions is invalid by virtue of a Court decision, a law, a statute or any other higher legislation, the validity of the remaining clauses shall remain unaffected.