Wellington SCL

ACCESS DEED FOR PRIMARY CARE PRACTITIONERS

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BETWEEN

Wellington SCL

AND

Primary Care Practitioner’s Name (“you”) This deed is dated the day of 20_ .

Objectives:

The parties wish to enter into this agreement to enable health care professionals in Primary Care to have timely access to patients’ health information in order to facilitate the provision of improved health and disability services to those patients. Under this agreement you are granted access to specified patient records held by Wellington SCL using a service referred to as Wellington SCL CDR. You will be an “authorised user” of Wellington SCL CDR. This agreement sets out the basis on which such access is provided by Wellington SCL.

Medical Information in Wellington SCL CDR:

Specified medical records are made available via Wellington SCL CDR to facilitate access to clinical information by those treating the patient. The law authorises the sharing of information between treating providers in a number of circumstances. Healthcare professionals are encouraged to provide information to patients about Wellington SCL CDR. Patients can choose not to have their information shared via the Wellington SCL CDR if the information was not sourced from DHB facility, for example this option applies to a community laboratory test ordered by a GP.

Authorised User Obligations:

You agree to abide by the following conditions of access at all times:

·  You will only access results from Wellington SCL CDR for the purpose of providing treatment to patients under your clinical care.

·  Any information that you obtain from Wellington SCL CDR must be kept confidential and used only for the purposes of providing the above treatment. You may only access, use and disclose this information in accordance with the requirements of the Privacy Act 1993, the Health Information Privacy Code 1994, section 22F of the Health Act, or any other statute or regulation permitting or requiring disclosure.

·  You must not share your Wellington SCL CDR access code or password with anyone or allow others to access Wellington SCL CDR under your access code. You are responsible for any access that occurs under your password and logon details. If you are accessing the Wellington SCL CDR via your Patient Management System your access code and password may be provided automatically for you by the Patient Management System e.g. MedTech32.

·  You understand that access will be monitored and audited in accordance with this agreement and the Access Audit Guide (Appendix 1) and other auditing requirements of the Wellington SCL.

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·  If you identify any unauthorised access to Wellington SCL CDR or anything that may compromise the security of information in Wellington SCL CDR, for example disclosure of your password, you will notify Wellington SCL’s Customer Liaison Officer.

·  If you no longer require access to Wellington SCL CDR then you must notify the Wellington SCL CDR Administrator immediately in writing. Upon notification the agreement is terminated.

Wellington SCL Rights:

·  Wellington SCL reserve the right to suspend your access to Wellington SCL CDR at any time and for any reason, including for identified or suspected breaches of any aspect of this agreement. Where access is to be suspended the Wellington SCL CDR, will notify you directly of the reason for the suspension and the likely duration of that suspension of access.

·  In the event of any inappropriate access Wellington SCL may take further action including informing your employer or those working in association with you, informing the patient, any PHO that you associated with or referring the matter to your professional registration authority.

·  Wellington SCL may amend the terms of the agreement or terminate the agreement for any reason by providing you with 30 days written notice.

Availability and Accuracy of Information:

While all reasonable efforts will be made by Wellington SCL to ensure that any health information made available is accurate, Wellington SCL provide no warranty as to the accuracy, completeness or availability of the health information held on Wellington SCL CDR. If you become aware of any inaccuracies in relation to the information then you must notify the Wellington SCL CDR administrator and the patient’s treating clinician immediately.

Assignment, Delegation and Transfer:

Your access rights and related obligations under this agreement are personal to you, and shall not be assigned, sub-contracted, delegated or otherwise transferred.

Term:

This Access Deed remains in force until terminated in accordance with this agreement. Provisions intended to do so, for example access audit, will continue in full force and effect following termination.

Primary Care Practitioner Access Deed June 2012 V1 10 Page 1 of 5

Wellington SCL

ACCESS DEED FOR PRIMARY CARE PRACTITIONERS

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I understand and agree to accept and abide by all the terms and conditions of this access deed:

ACCEPTED AND AGREED:-

First Name / Other Names / Last Name
Primary Care Practitioner Name:
CPN1: / Other Identifier:
(E.g. NZMC/NC number)
Facility Code: / Facility Name:
Role:
Email Address:
(Practice) / Phone (Preferred Contact)
Signature: / Date:

WITNESSED BY:-

Name:
Job Title:
Signature: / Date:

CONTACT DETAILS:-

Practice Name: / Phone:
Address:
Suburb: / PHO:

Please return a scanned and signed copy of your Access Deeds to:

1 Common Person Number allocated by the NZ Health Information Service, Health Practitioner Index This field is not mandatory.

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Wellington SCL

ACCESS DEED FOR PRIMARY CARE PRACTITIONERS

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Appendix 1 – Wellington SCL CDR ACCESS DEED FOR PRIMARY CARE PRACTITIONERS

F o r P r i m a r y C a r e P r a c t i t i o n e r s A c c e s s i n g Wellington SCL CDR

Introduction

The Wellington SCL CDR Access Deed for Primary Care Practitioners states:

“You understand that access will be monitored and audited in accordance with this agreement and the Access Audit Guide (Appendix 1).”

Privacy and Security

The Health Information Privacy Code requires Wellington SCL to take reasonable safeguards against inappropriate access and use of information. Each primary care practitioner with access to Wellington SCL CDR [authorised user] will sign an Access Deed which states they will only use Wellington SCL CDR for its intended purpose, i.e. to support direct patient care. Healthcare providers are also bound by their professional code of ethics. Audit of access is also an essential part of the Wellington SCL CDR security structure.

Wellington SCL may undertake a variety of audit procedures to ensure that access to tests results takes place for legitimate purposes only. This includes patient focused audit as described below and other audit activity to identify potential misuse of the system. You agree to cooperate with any request by Wellington SCL for information regarding your reasons for accessing particular results for the purposes of audit activity.

Patient Focused Audit Request

Patient Focused Audit involves reviewing records of who has accessed a patient’s records over time. Rather than looking at access to records from the perspective of health care providers, the approach is focused on what activity has occurred, in general, for a particular patient.

Patients may request from Wellington SCL detailed information on who has accessed their Wellington SCL CDR records. Additionally Wellington SCL may pro-actively provide information to the patients identifying who has accessed their information.

If a patient questions the appropriateness of your access, you may be contacted by the Wellington SCL CDR service to provide explanation.

It is recommended that you maintain further notes in your internal systems on your purpose for accessing patient records in Wellington SCL CDR, so that you can respond to any request for explanation.

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Wellington SCL

ACCESS DEED FOR PRIMARY CARE PRACTITIONERS

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Inappropriate Access

Where any form of audit has failed to confirm the appropriateness of access, or Wellington SCL have any reason to believe that access was not in accordance with the Access Deed, you will be informed and provided an opportunity to comment. If, after consideration of your response, Wellington SCL still cannot confirm that the access was appropriate, Wellington SCL may take further action including informing the your employer or those working in association with you, informing the patient, or referring the matter to the Privacy Commissioner or to your professional registration authority.

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