The privacy principles allow for individuals to request information you hold about them. The practice principal says he owns the medical records, so he can refuse the patient access. The OAIC provides guidance on the use of an intermediary, where necessary, to facilitate access which might otherwise be denied due to an exception. Is this correct?Ī patient is entitled to access their own personal health information, or they can delegate this authority to a third party such as a doctor, lawyer or insurer. You do not need the specialist’s permission, and it is inappropriate to insist the patient makes a separate request to the specialist.Ī patient has requested a complete copy of their medical records, but I have told them we can’t give them a copy – we can only release medical records to another doctor or to a lawyer. If a specialist letter forms part of the medical records, it should be provided as part of the request for access. The privacy legislation overrides this common disclaimer. When a patient requests a copy of their medical records, should I include specialist letters marked ‘Not to be released to a third party’? Medical information is sometimes required urgently, but the OAIC states that non-urgent requests should not exceed 30 calendar days. How long do I have to comply with the request for access?
#Access my medical records how to#
If you elect to refuse access on the basis of one the 10 exceptions, you should consult the Guide to health privacy – or contact your MDO – for advice on how to communicate this to the patient. Giving access would have an unreasonable impact on the privacy of other individuals.You reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety.The OAIC provides 10 grounds on which access may be withheld, but below are the two most commonly seen exceptions in a healthcare setting: Chapter four of the OAIC’s Guide to health privacy states: ‘Patients have a right to access information you hold about them, unless an exception applies’. The Office of the Australian Information Commissioner (OAIC) makes it clear that patients are generally entitled to access their personal health information. We (or MDA National’s Medico-legal Advisory team) receive a surprising number of queries from doctors and practice staff asking whether patients are entitled to access their personal health information. The OAIC states: ‘Patients have a right to access information you hold about them, unless an exception applies’. SPONSORED CONTENT: Medico-legal adviser Nerissa Ferrie examines a common issue in general practice.
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