In New Zealand, under our Privacy Act 1993, Health and Disability Commissioner Act 1994, and the Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996 schedule (pheww !!! - try saying that in a hurry!) the health consumer has the right to access any health information about them, and in a form that they can understand, meaning that the health provider would, if requested, have to provide typewritten notes, in the language and/or communication-form, e.g. Braille, required by the consumer.
However, if the health provider can show that the provision of information was an excessive administrative burden, e.g. providing a Tlinglit Braille transcription of forty year old handwritten notes made about the treatment of an Haida tourist in 1973, the provider could charge for the provision of that transcription.
Luckily, few blind Haida Native Americans from the Pacific Northwest of the USA and Canada get sick while visiting New Zealand.
Graeme Thompson | MLIS | Records Management Specialist
Tauranga City Council | 07 577 7200 | Internal ext. 7623 | Mobile 021-032-7550 | [log in to unmask] | www.tauranga.govt.nz
-----Original Message-----
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Marsh Alison
Sent: Tuesday, 3 September 2013 8:07 p.m.
To: [log in to unmask]
Subject: Re: Hospital records
If the patient is deceased then the costs can spiral as there is no limit, unlike the DPA requests.
Kind Regards
Alison Marsh
Service Development Lead - Cancer and Transformation
Salford Royal NHS Foundation Trust
3rd Floor, Mayo Building, Stott Lane, Salford, M6 8HD
Tel: 0161-206-8964
Mobile: 07818 580151
NHS Mail: [log in to unmask]
Patient & Customer Focus, Accountability, Continuous Improvement, Respect
-----Original Message-----
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Marc Fresko
Sent: 03 September 2013 09:04
To: [log in to unmask]
Subject: Re: Hospital records
I don't think FOI applies:
- because the Access to Medical Reports Act takes precedence (see FOI section 21(2)(b));
- because of section 40(1).
I don't think the Access to Medical Reports Act has anything to say about obligations to transcribe, or cost limits.
This is surmise of course as we don't know the details of the case.
However, if it is correct, then perhaps the most important considerations might be moral rather than monetary or legal?
Marc
From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Bee Julie (NORTH TEES AND HARTLEPOOL NHS FOUNDATION TRUST)
Sent: 02 September 2013 13:53
To: [log in to unmask]
Subject: FW: Hospital records
Dear Colleagues,
I attended a (difficult) complaints meeting last week, and during the proceedings the complainants asked if the hand-written medical and nursing contemporaneous notes from the hospital records of their son be typed up because they couldn't decipher much of the hand-writing.
I'd be most grateful for the views of the group on the practicalities and legality of this request.
Kind regards,
Julie Bee
North Tees and Hartlepool NHS Foundation Trust
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