The Health Legislation Amendment (Information Sharing) Act 2023 has recently been passed by the Victorian Parliament.
It permits public health services to connect and share patient information – which will be enabled by secure technology and systems to be developed and implemented by the Department of Health.
Imagine a Victorian health system where our medical information can be securely shared between our public hospitals to provide you with the finest care, no matter which public hospital you attend – especially in an emergency.
As hospitals across Australia move off paper records and connect the patient journey, it is important to strike a balance between the clinician’s need to access a patient’s medical history to provide the very best treatment, and patient privacy.
For the past two years I have chaired Victoria’s Health Information Sharing Advisory Group. The Group has listened to consumers, clinicians, and clinical peak bodies about the Act. I have no doubt that the ability to share medical information for direct patient care is desperately needed in Victoria.
I’ve heard the challenges and frustrations faced by clinicians. They are forced to make diagnostic decisions from incomplete patient records. Patients report being asked the same questions over and over again, in Emergency Departments, outpatient clinics, community health and on admission to hospital. They are asked to remember procedure, names and dates, medication doses and frequencies, and diagnostic tests.
Extensive community and stakeholder consultation has been undertaken.
Secure sharing of patient information at the point of care has very real benefits - better, faster access to care, reduced duplication of testing, better understanding of medication, patient care is individualised.
Clinical teams in New South Wales, Queensland, Australian Capital Territory and South Australia can already look up patient health information from other hospitals to care for the patient in front of them. We will now be able to do the same in Victoria.
All existing privacy principles are upheld. The patient’s right to access their health information remains unchanged. Clinicians remain bound by their professional and legislated obligations to use health records for the purpose of care, and not to disclose for other purposes. Existing legislation already protects patients – such as the Health Complaints Act, the Health Records Act, Privacy legislation and the professional codes of conduct for all registered health professionals. There are penalties for those who misuse patient information.
The Act only permits information sharing between nominated public health services.
Under the Act, the Secretary of the Health Department is to establish and oversee the information sharing system – which the government has committed to funding and implementing in a secure electronic environment.
Whilst patient consent to the inclusion of health information in the new system is not required, normal patient confidentiality obligations will apply to all information accessed by a public health service. Penalties for improper access are severe – thousands of dollars in fines or up to two years imprisonment.
To address concerns of improper access and permit patients to restrict sensitive information, the Minster must establish a Privacy Management Framework, in consultation with appropriate bodies representing patients, carers and clinicians
This may include sensitive health information such as care for patients affected by mental health issues or domestic violence. Access to patient information is to be auditable, showing who has accessed the information.
As a further consideration for public accountability, the new legislation is to be independently reviewed after two years, by an expert panel with appropriate experience.
How we can help
For further information and what it will mean for your organisation, please contact Michael Gorton AM or another member of our expert Health Law team.
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