Health Legislation Amendment (eHealth) Act 2015 (157 of 2015)
Schedule 1 Healthcare identifiers and health records
Part 1 Amendments
Personally Controlled Electronic Health Records Act 2012
84 Section 58
Repeal the section, substitute:
58 Collection, use and disclosure of health information by the System Operator
The System Operator may collect, use and disclose health information about a healthcare recipient for the purposes of including the health information in the My Health Record of a registered healthcare recipient.
58A Collection, use and disclosure of healthcare identifiers, identifying information and information identifying authorised representatives and nominated representatives
(1) An entity mentioned in column 1 of an item of the following table, is authorised to take action of the kind described in column 2 of that item with information of the kind described in column 3 of that item in the circumstances described in column 4 of that item.
|
Collection, use and disclosure for the purpose of the My Health Record system |
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|---|---|---|---|---|
|
Item |
Column 1
Entity |
Column 2
Permitted action |
Column 3
Information |
Column 4
Circumstances |
|
1 |
System Operator |
collect use disclose |
identifying information about any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient; (d) a healthcare provider the healthcare identifier of any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient; (d) a healthcare provider |
the collection, use or disclosure is for the purposes ofthe My Health Record system |
|
2 |
System Operator |
collect use disclose |
information relevant to whether a person is an authorised representative, or nominated representative, of another person |
the collection, use or disclosure is for the purposes of determining whether a person is an authorised representative, or a nominated representative, of another person |
|
3 |
registered repository operator registered portal operator |
collect use disclose to a participant in the My Health Record System |
the healthcare identifier of any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient; (d) a healthcare provider |
the collection, use or disclosure is for the purposes of the My Health Record system |
|
4 |
service operator for the purposes of the Healthcare Identifiers Act 2010 |
collect from the System Operator use disclose to the System Operator |
information relevant to whether a person is an authorised representative, or nominated representative, of another person |
the collection, use or disclosure is for the purposes of assisting the System Operator to determine whether a person is an authorised representative, or a nominated representative, of another person |
|
5 |
Chief Executive Medicare |
collect from the System Operator use disclose to the System Operator |
identifying information about any person who is, or may be, any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient |
the collection, use or disclosure is: (a) for the purposes of assisting the System Operator to verify the identity of the person; or (b) otherwise for the purposes of the My Health Record system |
|
6 |
Chief Executive Medicare |
collect from the System Operator use disclose to the System Operator |
information relevant to whether a person is an authorised representative, or nominated representative, of another person |
the collection, use or disclosure is for the purposes of assisting the System Operator to determine whether a person is an authorised representative, or a nominated representative, of another person |
|
7 |
Chief Executive Medicare |
collect use disclose to a participant in the My Health Record system |
identifying information about any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient healthcare identifier of any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient |
the collection, use or disclosure is for the purpose of including health information in the healthcare recipient's My Health Record |
|
8 |
Veterans' Affairs Department Defence Department |
use disclose to the System Operator |
identifying information about any person who is, or may be, any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient |
the use or disclosure is for the purposes of assisting the System Operator to verify the identity of the person |
|
9 |
Veterans' Affairs Department Defence Department |
collect from the service operator under the Healthcare Identifiers Act 2010 use disclose to a participant in the My Health Record system |
identifying information about any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient healthcare identifier of any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient |
the collection, use or disclosure is for the purpose of including prescribed information in the healthcare recipient's My Health Record |
|
10 |
a prescribed entity |
collect use disclose to another prescribed entity |
identifying information about any person who is, or may be, any of the following: (a) a healthcare recipient; (b) an authorised representative of a healthcare recipient; (c) a nominated representative of a healthcare recipient |
the collection, use or disclosure is for the purposes of assisting the System Operator to verify the identity of the person |
Note: Under section 15 of the Healthcare Identifiers Act 2010, the service operator under that Act is authorised to collect, use and disclose healthcare identifiers of, and identifying information about, healthcare recipients and their representatives for the purposes of the My Health Record system. The service operator is also authorised to collect, use and disclose healthcare identifiers of, and identifying information about, healthcare providers under section 24 of that Act.
(2) If:
(a) any of the following entities discloses information to the System Operator in circumstances in which the information is authorised to be disclosed under subsection (1):
(i) the Chief Executive Medicare;
(ii) the Veterans' Affairs Department;
(iii) the Defence Department;
(iv) the service operator for the purposes of the Healthcare Identifiers Act 2010;
(v) an entity prescribed for the purposes of item 10 of the table in subsection (1); and
(b) the entity that disclosed the information becomes aware that the information has changed;
that entity must, as soon as practicable after becoming aware of the change, inform the System Operator of the change.
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