The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

The Data Protection Commissioner yesterday confirmed her office is seeking amendments to the Government’s draft National Health Insurance Bill, effectively backing doctors’ concerns that some clauses threaten the confidentiality of doctors’ patient records.

Sharmie Farrington-Austin said she and her team were working with the Government’s NHI team to ensure there are no privacy breaches, amid concerns the draft Bill gives the Government “intrusive” powers.

“The Data Protection Commissioner is working with the NHI team to ensure that there is no unnecessary invasion of privacy,” said Mrs Farrington-Austin in an e-mailed response to Tribune Business queries.

“We have already provided input on the initial draft submitted to us, and it is my hope that section 33 has been modified.”

Mrs Farrington-Austin added that the Office of the Data Protection Commissioner will release a comprehensive statement regarding NHI once it has seen the revised draft Bill.

Dr Duane Sands recently told Tribune Business that the proposed legislation enables the NHI Authority to access physicians’ records without placing limits on what it can see, or how the data is used.

Describing the powers contained in the draft Bill as “intrusive”, the FNM’s Elizabeth candidate asked “what’s next” if it passed into law without being amended.

    His concerns focus on the draft Bill’s section 33, which gives the Authority the ability to inspect doctors registered with the scheme as healthcare providers.

The clause reads: “The Authority may, for the purposes of supervising providers participating in the plan, inspect the equipment and premises, business and affairs, including the procedures and information technology systems of a provider.”

The Bill, as it currently stands, requires all doctors registered as NHI providers to maintain records on benefit payouts, claims and financial records.

It also mandates that doctors provide the NHI Authority with documents upon request, although records covered by “legal professional privilege” are exempt from this.

Doctors will also have to submit monthly reports on the patient treatments they have rendered, and the outcomes. These reports will also include financial and patient usage data.