Familywise Medical Practice - Privacy Policy
The practice team can describe how we correctly identify our patients using 3 patient identifiers, name, date of birth, address or gender to ascertain we have the correct patient record before entering, actioning or releasing anything from that record.
Patient consent for the transfer of health information to other providers or agencies is obtained on the first visit and retained on file in anticipation of when this may be required.
As a rule no patient information is to be released to a 3rd Party unless the request is made in writing and provides evidence of a signed authority to release the requested information, to either the patient directly or a third party. Where possible de identified data is released.
Written requests should be noted in the patient’s medical record and also documented in the practice’s Request Register. Requests should be forwarded to the designated person within the practice for follow-up.
Requested records are to be reviewed by the treating medical practitioner or principal doctor prior to their release to a third party. Where a report or medical record is documented for release to a third party, having satisfied criteria for release, (including the patients written consent and where appropriate written authorisation from the treating doctor), then the practice may specify a charge to be incurred by the patient or third party, to meet the cost of time spent preparing the report or photocopying the record. Section 1.01
The practice retains a record of all requests for access to medical information including transfers to other medical practitioners.
The practice retains a record of all requests for access to medical information including transfers to other medical practitioners.
Where hard copy medical records are sent to patients or 3 rd Parties copies are forwarded not original documentation wherever possible. If originals are required copies are made in case of loss.
Security of any health information requested is maintained when transferring requested records and electronic data transmission of patient health information from our practice is in a secure format.
Subpoena, Court Order, Coroner Search Warrant
Note the date of court case and date request received in the medical record. Depending on whether a physical or electronic copy of the record is required follow procedures as described above. Refer also to section 8 “Management of potential Medical defence claims’
On occasions a member of staff is required to accompany the medical record to court or alternatively a secure courier service may be adequate. If the original is to be transported, ensure a copy is made in case of loss of the original during transport. Ensure that the record is returned after review by the court.
Relatives/Friends
A patient may authorise another person to be given access if they have the legal right and a signed authority. See 6.3 Patient Requests for Personal Health Information. See also NPP2 Use & Disclosure.
In 2008 the Australian Law Reform Commission recognised that disclosure of information to ‘a person responsible for an individual’ can occur within current privacy law. If a situation arises where a carer is seeking access to a patient’s health information, practices are encouraged to contact their medical defence organisation for advice before such access is granted.
Individual records are advised for all family members but especially for children whose parents have separated where care must be taken that sensitive demographic information relating to either partner is not recorded on the demographic sheet. Significant court orders relating to custody and guardianship should be recorded as an alert on the children’s records.
External Doctors and Health Care Institutions
Direct the query to the patient’s doctor and or the practice manager/principal doctor
Police/ Solicitors
Police and solicitors must obtain a case specific signed patient consent (or subpoena, court order or search warrant) for release of information. The request is directed to the doctor.
Introduction
This privacy policy is to provide information to you, our patient, on how your personal information (which includes your health information) is collected and used within our practice, and the circumstances in which we may share it with third parties.
Why and when your consent is necessary.
When you register as a patient of our practice, you provide consent for our GPs and practice staff to access and use your personal information so they can provide you with the best possible healthcare. Only staff who need to see your personal information will have access to it. If we need to use your information for anything else, we will seek additional consent from you to do this.
Why do we collect, use, hold and share your personal information?
Our practice will need to collect your personal information to provide healthcare services to you. Our main purpose for collecting, using, holding and sharing your personal information is to manage your health. We also use it for directly related business activities, such as financial claims and payments, practice audits and accreditation, and business processes (eg staff training).
What personal information do we collect?
The information we will collect about you includes your:
- Names, date of birth, addresses, contact details;
- Medical information including medical history, medications, allergies, adverse events, immunizations, social history, family history and risk factors;
- Medicare number (where available) for identification and claiming purposes;
- Healthcare identifiers
- Health fund details.
Dealing with us anonymously
You have the right to deal with us anonymously or under a pseudonym unless it is impracticable for us to do so or unless we are required or authorised by law to only deal with identified individuals.
How do we collect your personal information?
Our practice may collect your personal information in several different ways.
- When you make your first appointment our practice staff will collect your personal and demographic information via your registration.
During the course of providing medical services, we may collect further personal information.
We may also collect your personal information when you visit our website, send us an email or SMS, telephone us, make an online appointment or communicate with us using social media.
In some circumstances personal information may also be collected from other sources. Often this is because it is not practical or reasonable to collect it from you directly. This may include information from:
- your guardian or responsible person
other involved healthcare providers, such as specialists, allied health professionals, hospitals, community health services and pathology and diagnostic imaging services
your health fund, Medicare, or the Department of Veterans’ Affairs (as necessary).
When, why and with whom do we share your personal information?
We sometimes share your personal information:
- with third parties who work with our practice for business purposes, such as accreditation agencies or information technology providers – these
third parties are required to comply with APPs and this policy
with other healthcare providers
when it is required or authorised by law (eg court subpoenas)
when it is necessary to lessen or prevent a serious threat to a patient’s life, health or safety or public health or safety, or it is impractical to obtain the patient’s consent
to assist in locating a missing person
to establish, exercise or defend an equitable claim
for the purpose of confidential dispute resolution process
when there is a statutory requirement to share certain personal information (eg some diseases require mandatory notification)
during the course of providing medical services, through eTP, My Health Record (eg via Shared Health Summary, Event Summary).
Only people who need to access your information will be able to do so. Other than in the course of providing medical services or as otherwise described in this policy, our practice will not share personal information with any third party without your consent.
We will not share your personal information with anyone outside Australia (unless under exceptional circumstances that are permitted by law) without your consent.
Our practice will not use your personal information for marketing any of our goods or services directly to you without your express consent. If you do consent, you may opt out of direct marketing at any time by notifying our practice in writing.
How do we store and protect your personal information?
Your personal information may be stored at our practice in various forms.
Our practice stores all personal information securely.
How can you access and correct your personal information at our practice?
You have the right to request access to, and correction of, your personal information.
Our practice acknowledges patients may request access to their medical records. We require you to put this request in writing, a request form for file transfers and our practice will respond within a reasonable time, within 30 days.
Our practice will take reasonable steps to correct your personal information where the information is not accurate or up to date. From time to time, we will ask you to verify that your personal information held by our practice is correct and current. You may also request that we correct or update your information, and you should make such requests in writing: Attention Practice Manager and email familywisemed@gmail.com or alternatively hand request at reception desk or fax 02 8088 6308.
How can you lodge a privacy-related complaint, and how will the complaint be handled at our practice?
We take complaints and concerns regarding privacy seriously. You should express any privacy concerns you may have in writing. We will then attempt to resolve it in accordance with our resolution procedure. Attention Practice Manager and email familywisemed@gmail.com or alternatively hand request at reception desk or fax 02 8088 6308. Such requests will be responded to within 7 business days.
You may also contact the OAIC. Generally, the OAIC will require you to give them time to respond before they will investigate. For further information visit www.oaic.gov.au or call the OAIC on 1300 363 992.
Policy review statement
This privacy policy will be reviewed regularly to ensure it is in accordance with any changes that may occur. We will notify you of any amendments to this policy through pamphlets in the surgery.
Disclaimer
The Privacy policy template for general practices is intended for use as a guide of a general nature only and may or may not be relevant to particular practices or circumstances. The Royal Australian College of General Practitioners (RACGP) has used its best endeavours to ensure the template is adapted for general practice to address current and anticipated future privacy requirements. Persons adopting or implementing its procedures or recommendations should exercise their own independent skill or judgement, or seek appropriate professional advice. While the template is directed to general practice, it does not ensure compliance with any privacy laws, and cannot of itself guarantee discharge of the duty of care owed to patients. Accordingly, the RACGP disclaims all liability (including negligence) to any users of the information contained in this template for any loss or damage (consequential or otherwise), cost or expense incurred or arising by reason of reliance on the template in any manner.
Indigenous Acknowledgement
Familywise Medical Practice acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.