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Request for privacy/non-release of medical records

#1 User is offline   BLURB 

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Posted 10 November 2010 - 09:42 AM

Request for privacy/non-release of medical records
--


[Your name]
[Street address]
[City/Town, Post code]
[Date]

[Doctor name]
[Medical practice or Hospital Name]
[Street address]
[City/Town, Post code]

Re: Request for privacy/non-release of medical records for [Your name], DOB: [Your date of birth]

Dear [Doctor name]

I am writing to request that you do not release any of my medical records that are in your possession to anyone without my written permission/consent. This includes but is not limited to other Health care agencies, Accident Compensation Corporation (ACC), Government agencies, or any person representing or acting on behalf of any of these.

If you receive any request or demand for my medical records (or any part there-of), please let me know promptly.

I also request that you place this letter in my medical records file.

Sincerely,




[Your name]

cc:
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#2 User is offline   doppelganger 

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Posted 10 November 2010 - 11:33 AM

Problem is that a concent is written request.

The document need to be specific information.
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#3 User is offline   DARRELLGEMMA 

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Posted 10 November 2010 - 06:01 PM

View PostBLURB, on 10 November 2010 - 09:42 AM, said:

I have chopped and changed a form that I recently found on the microsoft site and need to know what you think of it, or of any changes/improvements required


[Your name]
[Street address]
[City/Town, Post code]
[Date]

[Doctor name]
[Medical practice or Hospital Name]
[Street address]
[City/Town, Post code]

Re: Request for privacy/non-release of medical records for [Your name], DOB: [Your date of birth]

Dear [Doctor name]

I am writing to request that you do not release any of my medical records that are in your position to anyone without my written permission/consent. This includes but is not limited to other Health care agencies, Accident Compensation Corporation (ACC), Government agencies, or any person representing or acting on behalf of any of these.

If you receive any request or demand for my medical records, please let me know promptly.

I also request that you place this letter in my medical records file.

Sincerely,




[Your name]

cc:

Hi Blurb it is Darrell here mate. I think you are on to a winner. Just change the word position to possession not sure of the correct spelling. Yet acc 45 forms for independence allowance assessments basically let the fucken arseholes get away with it. As i said BRILLIANT.
Kind Regards
Darrell Pearce
P.S. Give me a ring sometime mate.
0

#4 User is offline   BLURB 

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Posted 10 November 2010 - 10:14 PM

Thanks doppel and darrell

Doppel = Have added the following - words in bold

If you receive any request or demand for my medical records (or any part there-of), please let me know promptly.


Darrell = You are right about position and possession. Have changed it on the template.


The form is intended to give the claimant an idea of the type of information ACC is requesting from the medical provider.

In short, if the information requested has nothing to do with the specific injury in question, then the claimant has the opportunity to advise the medical provider not to release part, or all, of the information.
1

#5 User is offline   Brionia 

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Posted 10 November 2010 - 11:17 PM

Excellent Blurb. This is a totally legitimate approach. See my post here on the matter from the insurance company that protects Doctors to ensure they don't end up in the poo (law suits due to breach of privacy) as a result of ACC's essentially abusive consent form that doesn't uphold your privacy rights and where you are coerced into given consent in order to maintain compensation. http://www.accforum....003#entry106003

That is ACC have consent which is NOT on the basis of you being fully on formed as you should be.

The mediolegal specialists insuring NZ doctors recommend that Doctors DON'T release to ACC upon request but first contact claimant to ensure they give informed consent.

The medical profession are onto ACC and are closing ranks. This is their response to the matter of ACC's process to obtain consent under duress.

This approach puts the power of your private information in your hands where it belongs, and not in ACC's.

Every claimant of ACC or any other insurer should have this on their medical file, but also your employers, bank, dentist, telecom company, power company, other insurance company, mobile phone company, accountant, therapist, etc etc or any other specialist, etc etc or any other company holding private information about you that you don't want to release to anybody, let alone ACC, without being fully informed.

This approach renders ACC's 167 powerless, it prevents ACC invading your privacy as the form allows, and forces ACC to fully inform you before any collection takes place. If ACC don't inform you, you will be informed by the third party and can then take a code complaint against ACC for failure to uphold your right to fully inform and right to privacy. This becomes a serious matter of abuse of your rights by ACC as the consent forms says ACC will comply with the Privacy Act at ALL times.

This then sets a precedence if your expectations with respect to privacy from ACC.

Good nite.
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#6 User is offline   Brionia 

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Posted 10 November 2010 - 11:20 PM

Excellent Blurb. This is a totally legitimate approach. See my post here on the matter from the insurance company that protects Doctors to ensure they don't end up in the poo (law suits due to breach of privacy) as a result of ACC's essentially abusive consent form that doesn't uphold your privacy rights and where you are coerced into given consent in order to maintain compensation. http://www.accforum....003#entry106003

That is ACC have consent which is NOT on the basis of you being fully informed as you should be.

The mediolegal specialists insuring NZ doctors recommend that Doctors DON'T release to ACC upon request but first contact claimant to ensure they give informed consent.

The medical profession are onto ACC and are closing ranks. This is their response to the matter of ACC's process to obtain consent under duress.

This approach puts the power of your private information in your hands where it belongs, and not in ACC's.

Every claimant of ACC or any other insurer should have this on their medical file, but also your employers, bank, dentist, telecom company, power company, other insurance company, mobile phone company, accountant, therapist, etc etc or any other specialist, etc etc or any other company holding private information about you that you don't want to release to anybody, let alone ACC, without being fully informed.

This approach renders ACC's 167 powerless, it prevents ACC invading your privacy as the form allows, and forces ACC to fully inform you before any collection takes place. If ACC don't inform you, you will be informed by the third party and can then take a code complaint against ACC for failure to uphold your right to fully inform and right to privacy. This becomes a serious matter of abuse of your rights by ACC as the consent forms says ACC will comply with the Privacy Act at ALL times.

This then sets a precedence if your expectations with respect to privacy from ACC.

Good nite.
2

#7 User is offline   BLURB 

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Posted 11 November 2010 - 10:59 AM

View PostMINI, on 11 November 2010 - 08:59 AM, said:

Legitimate maybe??

Wise? hardly!! Blurb has had many Doctors in the past as you have seen written up here, and most of them have given him the 'flick' for one reason or another. The first thing i would think of as a new doctor of Blurbs, is "what has he got to hide"??.

I personally am just signing my documentation to collect and disclose and also the one for understanding rights and responsiblities. I am simply going to add on both of them that it is signed giving them those rights with the understanding that they will let me know of everything they request and acquire, whether it be medical or any other documentation.

Personally I can't see a doctor (even of long standing) looking at your file and remembering that nothing is released until you have OK'd it!!! After all these documents that are signed for ACC ACC165 and ACC167 are three pages long, so are literally filled with what is requested of you at any time.

For instance: one item I give consent for is to "help with research into injury prevention and effective rehabiliation"....when you have a accredited employer, where does that leave you privacy???

How many letters is Blurb going to have to send out to cover all requests the ACC may have concerning his injuries..............they go back a long way!!

Get ACC to do the work I say.........they are required by the Code of Claimants rights to keep you fully informed. It is their job.
Just my thoughts.

Mini


I have nothing to hide Mini as my medical files mostly only contain injury related notes.

Quote

Get ACC to do the work I say.........they are required by the Code of Claimants rights to keep you fully informed. It is their job.


Maybe its time for you to come out into the real world Mini and accept the fact that there are many ACC staff who don't follow the rules.
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#8 User is offline   Gazza16a 

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Posted 11 November 2010 - 04:11 PM

View PostBLURB, on 10 November 2010 - 09:42 AM, said:

Request for privacy/non-release of medical records
--


[Your name]
[Street address]
[City/Town, Post code]
[Date]

[Doctor name]
[Medical practice or Hospital Name]
[Street address]
[City/Town, Post code]

Re: Request for privacy/non-release of medical records for [Your name], DOB: [Your date of birth]

Dear [Doctor name]

I am writing to request that you do not release any of my medical records that are in your possession to anyone without my written permission/consent. This includes but is not limited to other Health care agencies, Accident Compensation Corporation (ACC), Government agencies, or any person representing or acting on behalf of any of these.

If you receive any request or demand for my medical records (or any part there-of), please let me know promptly.

I also request that you place this letter in my medical records file.

Sincerely,




[Your name]

cc:


Hi Blurb
I think your idea is sound. You have to sign their ACC167 etc.
Your way is putiing the ball back in their court.
I agree that your Dr just shouldn't send your medical file
to them without yourself seeing the contents. It is YOUR HISTORY.
Let's get a little deeper in the subject.
Under the Privacy Act 1993 and the
Health Information Privacy Code 1994 (updated)

YOU DO HAVE SOME RIGHTS


Principle 7 Correction of personal information
(1) Where an agency holds personal information, the individual concerned shall be entitled

· (a) to request correction of the information; and

· ( to request that there be attached to the information a statement of the correction sought but not made.

(2) An agency that holds personal information shall, if so requested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading.

(3) Where an agency that holds personal information is not willing to correct that information in accordance with a request by the individual concerned, the agency shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the information, in such a manner that it will always be read with the information, any statement provided by that individual of the correction sought.

(4) Where the agency has taken steps under subclause (2) or subclause (3), the agency shall, if reasonably practicable, inform each person or body or agency to whom the personal information has been disclosed of those steps.

(5) Where an agency receives a request made pursuant to subclause (1), the agency shall inform the individual concerned of the action taken as a result of the request.


Principle 8 Accuracy, etc, of personal information to be checked before use
An agency that holds personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading.





Rule 7

Correction of Health Information

(1) Where a health agency holds health information, the individual concerned is entitled:

(a) to request correction of the information; and

( to request that there be attached to the information a statement of the correction

sought but not made.

(2) A health agency that holds health information must, if so requested or on its own

initiative, take such steps (if any) to correct the information as are, in the circumstances,

reasonable to ensure that, having regard to the purposes for which the information may

lawfully be used, it is accurate, up to date, complete, and not misleading.

(3) Where an agency that holds health information is not willing to correct the information

in accordance with such a request, the agency must, if so requested, take such steps (if

any) as are reasonable to attach to the information, in such a manner that it will always

be read with the information, any statement provided by the individual of the correction

sought.

(4) Where the agency has taken steps under subrule (2) or (3), the agency must, if

reasonably practicable, inform each person or body or agency to whom the health

information has been disclosed of those steps.

(5) Where an agency receives a request made under subrule (1), the agency must inform the

individual concerned of the action taken as a result of the request.

(6) The application of this rule is subject to the provisions of Part 5 of the Act (which sets

out procedural provisions relating to correction of information).

(7) This rule applies to health information obtained before or after the commencement of

this code.

Note: An action is not a breach of this rule if it is authorised or required by or under law -

Privacy Act, section 7(4).

Rule 8

Accuracy etc of Health Information to be Checked before Use

(1) A health agency that holds health information must not use that information without

taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having

regard to the purpose for which the information is proposed to be used, the information is

accurate, up to date, complete, relevant, and not misleading.

(2) This rule applies to health information obtained before or after the commencement of

this code.

Note: An action is not in breach of this rule if it is authorised or required by or under law -

Privacy Act, section 7(4).


As you can see you do have rights.The Acts are a mirror image. Both the same.
Problem is: ACC doesn't play by the rules. They can quote any Act they
want, but it doesn't mean that they will follow the rules.

And really - how many people knew diddlyshit about ACC
before they became fodder.

Cheers
Gazza
4

#9 User is offline   snoopy 

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Posted 11 November 2010 - 04:32 PM

View PostGazza16a, on 11 November 2010 - 04:11 PM, said:

And really - how many people knew diddlyshit about ACC
before they became fodder.

Cheers
Gazza


.
That Gazza should the main header quote for the front page of this site.
well writtenPosted Image
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#10 User is offline   BLURB 

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Posted 11 November 2010 - 06:42 PM

View Postsnoopy, on 11 November 2010 - 04:32 PM, said:

.

View PostGazza16a, on 11 November 2010 - 04:11 PM, said:


And really - how many people knew diddlyshit about ACC
before they became fodder.

Cheers
Gazza

That Gazza should the main header quote for the front page of this site.
well writtenPosted Image


Well said both of you.
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