ATTACHMENT

 

Details of the Healthcare Identifiers Amendment Regulation 2012 (No. 1)

 

 

Section 1 - Name of regulation

This section provides that the title of the regulation is Healthcare Identifiers Amendment Regulation 2012 (No. 1).

                                                                                                           

Section 2 - Commencement

 

This section provides for the regulation to commence on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 - Amendment of Healthcare Identifiers Regulations 2010

 

This section provides that Schedule 1 of the regulation amends the Healthcare Identifiers Regulations 2010 (the Principal Regulations).

 

Schedule 1 - Amendments

 

Items [1] and [2] - Regulation 3

 

These items insert new definitions into section 3 of the Principal Regulations.

 

For example, 'PCEHR Act' is inserted to reflect that the amendments broaden the scope of the Principal Regulations to deal with matters associated with the PCEHR system in accordance with the Personally Controlled Electronic Health Records Act 2012 (PCEHR Act).

 

Item [3] - Paragraph 5(1)(c)

 

This item makes a typographical change to reflect the addition of new paragraph 5(1)(d) by Item [4].

 

Item [4] - After paragraph 5(1)(c)

 

This item inserts a new paragraph into subsection 5(1) to expand the meaning of 'identifying information' to include the status of the healthcare provider's healthcare identifier, for example, whether it is active, deactivated or retired.  This ensures the HI Service Operator can share critical information with the PCEHR System Operator for PCEHR system purposes.

 

Item [5] - Paragraph 5(2)(c)

 

This item makes a typographical change to reflect the addition of new paragraphs 5(2)(d) to (k) by Item [6].

 

 

Item [6] - After paragraph 5(2)(c)

 

This item inserts new paragraphs into subsection 5(2) to expand the meaning of 'identifying information' to include additional details, ensuring the HI Service Operator can share critical information with the PCEHR System Operator for PCEHR system purposes.

 

Under subsection 7(2) of the Healthcare Identifiers Act 2010 (HI Act), certain information about healthcare provider organisations is defined as identifying information.  Paragraph 7(2)(e) provides that regulations may prescribe other information for the purposes of this definition.

 

It is necessary that the following information be prescribed to be identifying information:

*      the status of the healthcare provider organisation's healthcare identifier, for example, whether it is active, deactivated or retired;

*      to the extent it is not already covered by paragraph 7(2)(a) of the HI Act (that is, the name of the healthcare provider), the trading name of the healthcare provider organisation;

*      the healthcare provider organisation's service type (e.g. hospital or general practice);

*      the names, personal and contact details and identifying numbers of the healthcare provider organisation's Responsible Officer (the officer with day-to-day contact with the HI Service Operator to manage the healthcare identifiers of the organisation) and Organisation Maintenance Officer(s) (a delegate of the Responsible Officer);

*      the identifying number assigned to the healthcare provider organisation's Responsible Officer and Organisation Maintenance Officer(s) by the HI Service Operator;

*      evidence of identity (EOI) details in relation to the healthcare provider organisation's Responsible Officer and Organisation Maintenance Officer(s).  EOI checks will be performed by the HI Service Operator or the Australian Health Practitioner Regulation Agency (AHPRA), depending on whether the Responsible Officer or Organisation Maintenance Officer is a healthcare provider registered by AHPRA (e.g. medical practitioners).  EOI details may include whether a Responsible Officer or Organisation Maintenance Officer has undertaken an EOI process and, if so, whether the process was successful, the name of the organisation performing the EOI check and when the EOI was performed;

*      the network address and technical requirements of the healthcare provider organisation that enables secure electronic messages to be sent to the organisation; and

*      where a healthcare provider organisation ('the first provider') is part of a network hierarchy (that is, the first provider is a 'seed organisation' with subordinate network organisations, or is itself a 'network organisation', as defined in subsections 9A(3) and 9A(6) of the HI Act), the other healthcare provider organisations that are linked to the first provider, and whether the first provider is a seed organisation or network organisation.

 

This information is necessary for the performance of the HI Service Operator's functions under a number of provisions in the HI Act, including:

*      assigning healthcare identifiers to healthcare provider organisations;

*      publishing professional and business details of a healthcare provider organisation to the healthcare provider directory; and

*      enabling the PCEHR System Operator to create and maintain a database of healthcare provider organisations registered to participate in the PCEHR system for the purposes of section 56 of the PCEHR Act.

 

Paragraphs 5(3)(d) to (n) prescribe the information described above as identifying information in order to enable the HI Service Operator to carry out its expanded functions.

 

Item [7] - After regulation 8

 

This item inserts new section 12 to prescribe additional types of Commonwealth records under paragraph 22D(3)(a) of the HI Act that may be collected, used and disclosed.

 

Certain information held by DVA will be of value to the PCEHR system if it were included in a consumer's PCEHR, such as Repatriation Pharmaceutical Benefits Scheme information and DVA claims information.  DVA claims information refers to claims relating to DVA programs operating under the Veterans' Entitlements Act 1986, the Safety, Rehabilitation and Compensation Act 1988 and the Military Rehabilitation and Compensation Act 2004.

 

Subsection 22D(3) of the HI Act provides that regulations may be made to prescribe information for which Government departments are authorised to collect, use and disclose identifying information and the healthcare identifier of a consumer, for the inclusion of the prescribed information in the consumer's PCEHR, subject to the consumer's consent.

 

The new section 12 authorises DVA to collect, use and disclose a consumer's identifying information and healthcare identifier in order to include DVA claims information and Repatriation Pharmaceutical Benefits Scheme information in a consumer's PCEHR.  This allows DVA to attach a healthcare identifier to the information so that it is included in the correct PCEHR.

 

This item also inserts new section 13 to enable facilitated registration of consumers by healthcare providers.  Consumers will be able to register for a PCEHR using a variety of channels, one of which is referred to as facilitated registration.  Facilitated registration is where a healthcare provider will assist a consumer to register for a PCEHR.  This will require the healthcare provider to disclose identifying information and the healthcare identifier of the consumer to the PCEHR System Operator.

 

The HI Act does not authorise healthcare providers to collect, use or disclose a consumer's healthcare identifier to the PCEHR System Operator for this purpose.

 

The new section 13 authorises the healthcare provider, under paragraph 22E(d), to collect, use and disclose to the PCEHR System Operator identifying information and the healthcare identifier of the consumer undertaking registration.

 

The PCEHR System Operator is already authorised to collect, use and disclose the identifying information and healthcare identifier of a consumer as part of registration under section 22A of the HI Act.

 

This item also inserts new section 14 to support the registration of healthcare provider organisations.

 

When a healthcare provider organisation is registered by the PCEHR System Operator, it will be necessary to record the individual healthcare providers that are associated with that organisation.  This will ensure that, for example, each time a healthcare provider accesses the PCEHR system on behalf of a healthcare provider organisation, their association with that organisation can be authenticated.

 

The HI Act does not authorise the collection, use or disclosure of a healthcare provider's healthcare identifier or identifying information for this purpose.

 

The new section 14 authorises the PCEHR System Operator, the HI Service Operator and healthcare provider organisations, under section 22E of the HI Act, to collect, use and disclose to a participant in the PCEHR system the healthcare identifier and identifying information of a healthcare provider.

 

 

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