Privacy Policy

POLICY

Privacy of patients’ personal information must be maintained.

EXPECTED OUTCOME

Privacy of patient’s personal information is maintained in line with legislative requirements.

PROCEDURE

The following information may be held about patients:

  • Name, address, telephone numbers
  • Date of birth and marital status
  • Occupation
  • Next of kin details
  • General Practitioner and Referring Doctor
  • Financial details associated with services the practice has provided
  • Medical history
  • Current and past records of treatment given at this practice
  • Any additional information provided to the practice by the patient or treating professionals

We use personal information about patients:

  • To provide appropriate clinical treatment and care in our practice,
  • To assist with any calls a patient may make to us,
  • For our internal administrative requirements,
  • To process Medicare & health fund claims,
  • To provide information to medical practitioners and other health professionals who provide follow up treatment & ongoing care,
  • For clinical indicator reporting in a de-identified form,
  • To provide data in both an identified and de-identified form to government agencies in compliance with numerous legislative requirements.

Storage

We store personal information:

  • In paper based documents in secure storage within the facility,
  • In electronic format with restricted access and appropriate security controls.

Access to Medical Records by the Patient

A patient may request access to personal information with a written request addressed to the Practice Manager.  The patient does not have to provide a reason for requesting access.

Health care providers are required to take reasonable steps to ensure that individuals requesting information are in fact the individuals to whom the information relates or a ‘person responsible, so proof of identification is required.

Information will be checked prior to release for accuracy and completeness and to ascertain whether any information should be withheld.  The treating medical practitioner is to be informed of any request prior to the information being released. 

Reasons for withholding information include:

  • Access would pose a serious threat to the life or health of any individual,
  • The information contains information about another person,
  • The request is frivolous or vexatious (for example, there has been repeated requests by the same person),
  • The information is relevant to existing or anticipated legal proceedings and the individual would not be able to access the information in the course of those proceedings,
  • The law requires that access be denied,
  • Law enforcement or national security authorities have an interest in the information requested.

Information that is required to be withheld should be removed from the record provided to the patient and to the patient notified that information has been withheld and the reasons. 

Requests will be responded to by within three (3) weeks.

All requests received and records of the outcome must be retained in the patient’s medical record.

MEDICO-LEGAL REQUESTS FOR INFORMATION

Confidential information from medical records are only released to solicitors or other third parties upon receipt of a current written consent by the patient, or where appropriate, their legal representative who has the power of attorney.  The request should specify the dates of treatment pertinent to the information being sought and must be the original signed version, not a copy.

All medico-legal requests for information are handled by the Practice Manager who may, as appropriate, involve the treating health practitioner in the preparation of reports for solicitors.

All written requests for information (with consents) are filed in the patient’s medical record.

SUBPOENAS

The Practice Manager is responsible for ensuring compliance with subpoena requests.  The Directors and General Manager will be advised of any cases that may involve the practice and/or the treating health professional.

A copy of the requested sections of the patient’s medical record is provided promptly to the court.  The original record is retained at the practice.  Information regarded as sensitive, correspondence and any notes that are not relevant to the case should be removed from the medical record before it is copied.

The subpoena and a record of the release of the medical record is added to the patient’s medical record.

WARRANTS

Police may request a copy of records on presentation of a warrant specifying the information being sought.

COPY AND RELEASE OF RECORDS

Fees charged for workers compensation, subpoena and warrant requests are $33 for the first 30 pages, then $1 per page.

All copies of medical records must be sent by Registered Mail or courier to maintain confidentiality.

Amendment of information

If a patient believes that personal information we hold about them is incorrect, incomplete or inaccurate, they may request amendment of it in writing.  This request will be reviewed by the attending doctor and the request and the outcome will be documented in the medical record.

Patients will receive notification of the resolution of their request within three (3) weeks of the request for amendment being received.

Questions and Complaints

Any questions about this policy, or any complaint regarding treatment of a patient’s privacy by this centre, should be made in writing by the patient to the Practice Manager. 

If a patient’s complaint cannot be resolved directly by the Practice Manager it can be referred to the General Manager for resolution.  If the General Manager is unable to resolve the complaint, the patient can contact the Office of the Australian Information Commissioner (OAIC) 

REFERENCES

Australia:

Privacy Act 1988

Privacy Amendment (Enhancing Privacy Protection) Act 2012

State Health Records Information & Privacy Act 2002