Push for Andrews government to let Victorians opt in to centralised health records

Pressure is mounting on the Andrews government to allow Victorians to opt out of controversial legislation that will centralise medical records.

Similar medical information sharing systems being proposed for Victoria are already operating in other parts of Australia.

A peak legal body has called for Victorians to be allowed to opt out of having their private medical data stored from a new centralised government system.

The Herald Sun last week revealed the Andrews government was pushing ahead with controversial legislation that would allow hospitals and healthcare workers to have one access point with the medical records of every Victorian.

The system – only accessible by clinical staff – will provide medical information regardless of where the patient previously received care.

The Law Institute of Victoria said the Andrews government needed to amend the Health Information Sharing Bill to allow for patients to choose whether their health records could be accessed.

They also said Victorians should be able to put in Freedom of Information requests to determine who has accessed their private details under the scheme.

The controversial legislation lapsed in the last term of government but was reintroduced into parliament last week by Health Minister Mary-Anne Thomas.

Law Institute of Victoria president Tania Wolff. Source: LinkedIn

The Institute’s president Tania Wolff said there were significant concerns with the Bill because there is no opt-out mechanism to the scheme, similar to the federal My Health records scheme, where one in 10 Australians have opted out.

“While we acknowledge the aim of this Bill is to improve efficiency of medical care provided to Victorians, this must not come at the cost of patient autonomy,” she said.

“Patient autonomy must be front of mind in any health legislation being put forward by government to protect patients’ rights.

“The implementation of an opt-out scheme would place choice back in the patients’ hands about the healthcare they receive in the Victorian public health system.

“Patients must have the right to say who can access their health information – even if this means their health information will not be shared under the scheme.

“Patient autonomy is a fundamental human right – it’s the same principle that allows a patient to refuse medical treatment.”

Ms Wolff said it was “troubling” that the scheme will also be exempt from Freedom of Information requests.

“Such a provision leaves patients in the dark on how their health information has been accessed and by whom,” she said.

Liberal Democrats MP David Limbrick last week said the scheme was a “serious breach of medical privacy”.

“We already know that this government doesn’t respect medical privacy,” he said.

“Using force to obtain this sort of information … is wrong.”

A Victorian government spokeswoman said privacy matters and data security were taken “very seriously”.

“This new health information sharing system will be a secure way to ensure that health services have the information they need to give patients the best care they can,” she said.

“There are no changes to the FOI or opt in arrangements that exist for patients whose information is currently shared between health services.

“The proposed information sharing platform is a more secure way to share existing information and has been set up to save lives by reducing drug interactions and allergic reactions, and to prevent misdiagnoses and delays in vital treatment.”

Health Minister Mary-Anne Thomas this week introduced legislation into parliament to establish a centralised location that would store the details. Picture: Andrew Henshaw

The government maintains the central system would help the state’s embattled healthcare workers in emergency situations where patients were too sick or unable to communicate important information, including allergies and past diagnostic tests and treatments.

It would also be useful for patients with chronic conditions, assist those with language barriers, provide better support for telehealth and help Ambulance Victoria make more accurate assessments of patient care needs.

Currently in Victoria, a patient’s clinical information is stored in different places, which slows down diagnosis and treatment.

Similar information sharing systems are already operating in other parts of Australia.

But Mr Limbrick said Victorians should be allowed to choose whether their medical information is widely accessible.

He has drafted an amendment which would require the government to obtain consent and treat it as an “opt in service”.

Ms Thomas last week said the new system was protected by strict security and privacy controls and offenders who use or disclose information will face penalties.

“Secure health information sharing will deliver Victorians the same benefits that patients around the country are already getting, ensuring they receive the best possible care,” she said.

“Victorians can rest easy knowing their health data is secure.”

The legislation was a recommendation from the Targeting Zero report on the safety and quality of care in Victoria.