Improving quality of care and support is at the heart of the Health and Social Care Act 2012. The correct and timely sharing of information across organisations can bring a number of benefits to ensure care is integrated around the needs of the individuals.
Patients have two options: either to share or not to share across organisational boundaries. If at this point they dissent, their information is not accessible by other organisations. If a patient selects the ‘share’ option then they can tailor which organisation can see their records by giving or withholding their consent to view at the point of care or by applying a confidentiality policy.
Your consent to share personal information is entirely voluntary and you may withdraw your consent at any time. Should you have any questions about this process, or wish to withdraw your consent please speak to any member of the reception team.
Healthcare professionals should only view the information relevant to their care setting, unless the patient has given their explicit consent for the full record to be viewed. In the BMA’s view, it is unnecessary for a physiotherapist treating ligament damage to access the entire medical history, for example. Traditional referrals result in relevant information being shared with the treating clinician. This exchange occurs under implied consent. Systems that disclose the entire patient record to the treating clinician require explicit consent.
Sharing will always be for a legitimate purpose and will have a legal basis.
The legal basis for sharing Personal Confidential Data (PCD) stored/created or held in our clinical database is underpinned by:
- The Health and Social Care (Safety and Quality) Act 2015 which inserted section 251A and B of the Health and Social Care Act 2012 to introduce a legal duty requiring health or adult social care commissioners or providers to share patient/service users’ information and use the NHS Number where these will facilitate care and in the patient/service users’ best interest.
- Albeit, health or adult social organisations need not comply with disclosures if they reasonably consider that one or more of the following may apply:
- If the patient/service user objects, or would be likely to object, to the disclosure of the information;
- the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
- for any other reason the relevant health or adult social care commissioner or provider is not reasonably able, or should not be required, to comply with the disclosure or, if the request would be inconsistent with—
(a) any provision made by or under the Data Protection Act 1998,
(b) a common law duty of care or confidence
- Chapter 29, schedule 2 paragraph 1 and 6 of the Data Protection Act 1998, where the data subject has given his consent at ‘point of access’ to the processing/viewing of their data a health care professional has a legitimate relationship between the patient/service user and the healthcare professional.
The Muswell Hill Practice
We have sharing agreements with services in Haringey including gynaecology, dermatology, the Integrated Diabetic Service, IHUB service providing Urgent care at the Whittington A&E and with the Haringey GP Federation Federated4Health.
There are national audits too, like the National Diabetes Audit. See here for more information https://www.diabetes.org.uk/Professionals/Resources/National-Diabetes-Audit/NDA-reports
The partners recommend that you stay opted in for your best clinical care. However, if you'd like to opt out, you can contact reception via the phone or a letter and request which codes you'd like added.
If you dissent from sharing any patient level data either outside of the practice or outside of the HSCIC (Health and Social Care Information Centre, NHS Digital) it is code 9Nu0.
If you dissent from disclosure of personal confidential data by HSCIC it is code 9Nu4.
If you dissent for electronic record sharing it is code 9Nd1.
A new, national data opt-out system will be introduced in May 2018. This will give patients a clear choice on how their identifiable health and care information is used for purposes beyond their individual care. The system will support the government’s response to the National Data Guardian’s ‘Your Data, Better Security, Better Choice, Better Care’ report. We are developing the system now along with communications products for the NHS and patients to test.
Is this the same as a summary care record?
This information above is separate to the summary care record. More information on the summary care record can be found here https://www.digital.nhs.uk/summary-care-records/patients