Legislative changes have been made to the My Health Records (Assisted Registration) Rule 2015 in relation to the storage of application forms.
These changes took effect on 18 December 2015.
What has changed?
Registered healthcare provider organisations that provide assisted registration to individuals were previously required to store the individual’s signed application form for three years or send the form to the My Health Record System Operator (electronically or in hard copy), and to have a policy that addressed how organisations would meet this requirement.
Organisations are no longer required to store application forms.
Organisations are still required to obtain an individual’s consent to being registered and to having their information uploaded to their My Health Record in whatever manner they choose. The organisation’s assisted registration policy must now address how the organisation will obtain that consent.
The organisation is required to dispose of any record of this consent unless it is needed for the organisation’s record-keeping, is the subject of a complaint or investigation, or if the My Health Record System Operator directs that a particular record be held. This applies to existing records (i.e. forms already being stored) or any new records of consent created.
How can my organisation obtain consent?
The organisation can obtain consent in any manner of its choosing – for example, it may chose to continue using the application form or may obtain it verbally.
How does my organisation dispose of forms or records of consent?Your organisation should dispose of assisted registration application forms or any records of consent in the same secure manner it disposes of other personal information.
Why has this change been made?
This change provides flexibility to organisations to choose a process that aligns with the workflows of their organisation, and removes the administrative burden of storing forms or providing them to the My Health Record System Operator.
Does my organisation still need an assisted registration policy?
Yes. This requirement is now located in paragraph 42(4)(f) of the My Health Records Rule 2016.