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My Health Record

2018-11-14T11:47:47+00:00November 14th, 2018|

The deadline for opting-out of My Health Record is fast approaching.

If you don’t already have a My Health Record, and do not want one created for you, you will need to opt-out by 15 November 2018. You can do this online. You will need to have you Medicare card and driver licence (or other form of identification) to complete the opt-out process.

If you would like a My Health Record, you do not need to take any action. One will automatically be created for you.

In this blog, we discuss the  pros and cons of My Health Record, which may affect your decision whether to opt-out before 15 November 2018, or let the Government go ahead and create a record for you.

What is a MHR?

My Health Record (MHR) is an online summary of your health information that the Australian Government will collect and maintain. You, your doctor and other healthcare providers can access your My Health Record. It will include medical details such as the treatments and medications you have received.

The decision to make MHR an ‘opt-out’ process (rather than an ‘opt-in’ process) has been controversial. Since the system was announced, the Government has suggested a number of changes to address the public’s concerns about who can see the data, and to allow people to permanently delete their record.

Really, what we are seeing is an expansion of the official health record program. The original ‘Personally Controlled Electronic Health Record’ (PCEHR) program was launched in 2012 as an opt-in system, with very low uptake by the public. The current push is to expand the system to make it opt-out – by default, everyone has a record made for them unless they specifically request not to have one.

These are the current MHR statistics:

  • About 6 million people are already using the system.
  • About 1.15 million have decided to opt-out.
  • About 17 million are expected to be automatically enrolled once the deadline passes.

Benefits of having a MHR

Any registered health provider like your doctor, pharmacist, physiotherapist, nurse, diagnostic imaging and pathology practice, and their staff can see your record. As long you are their patient, and they have the right software on their computer, they can look at your record.

Giving doctors access to your medical records could be lifesaving in an emergency. It might also prevent unnecessary duplication of tests such as blood tests and MRIs. MHR may give doctors more complete information about your medical history and help them to better diagnose illness and recommend treatment.

You will have a certain level of control over your record. You will be able to see who has viewed your records by checking the record access history. Your employer and insurance provider won’t be able to ask to see your MHR and can’t ask you to share information with them either.

The Government and people they allow may use your information in a de-identified form (which means you will be anonymous) for research. You can tick a box to opt-out if you don’t want your data used this way. Organisations including pharmaceutical companies in Australia and some overseas in certain circumstances may apply to access the data.

People who are most likely to benefit are those who have complex health conditions; take multiple prescription medicines; get treatment from various doctors and other health professionals; or have difficulty remembering or communicating the details of their medical story.

Drawbacks of having a MHR

Since the opt-out system was announced, a number of changes aimed at addressing the public’s concerns around privacy have been debated by politicians and privacy experts.

The Labor Party, Australian Medical Association, Consumer Health Forum and independent MP for Wentworth, Dr Kerryn Phelps, are supportive of the changes, but want the opt-out period extended until the changes have passed Parliament. So far Health Minister, Greg Hunt, has resisted calls for the deadline to be extended – the uncertainty around these changes understandably makes people nervous.

There is no legislation in place to ensure your right to permanently delete your MHR.  Any such legislation will be passed after the November 15 deadline for opting out.

Security experts acknowledge the potential benefits of having a centralised record system, but warn that the safeguards could be breached which could expose sensitive information. Any online record is susceptible to hacking and data breach.

Registered health providers and their staff can see your record. You can limit the providers who can see your record by placing restrictions on it however, these controls can be overridden in an emergency.

These are all serious concerns, and so far we do not have a clear picture of what MHR will look like and how much control we will have over our own sensitive information once it is created.

Conclusion

Whichever way you decide to go, we recommend you make an active decision. Carefully weigh up the benefits or otherwise of taking part in this centralised health record system.

Here are some resources for further reading:

  • My Health Record official website
  • Office of the Australian Information Health Commissioner fact sheet

If you require any privacy advice personally or for your business, please contact us to speak to one of our expert lawyers. Privacy is one of our specialties and we’d be happy to help you.