This guide has been designed by the VWA and is specifically for health care
professionals.
It is encouraging your treating doctors to release your medical information
under the views of the VWA.
I would like the VWA to explain to the readers of this blog how they have the
right to demand access to injured workers medical records under the Health
Records Act of Victoria?
This Act was designed to protect the access of this information to the owner
of this information. The only items that the medical practitioner owns is the
paper it is written on but, your doctor does not own the information therefore
it would be a breach of the HRA and the privacy act for this information to be
released to anybody but the owner which the VWA are not!
Any treating doctor would be foolish to release any information based only
on VWA policies as the VWAs views are not law or legal therefore, they would
not stand up in any court in Victoria.
Any Medical practitioner who releases any information without their patients
consent is breaching the Health Records Act, the Privacy act, and their own
ethics.
Injured Workers are not informed of the fact that once they sign their claim
form they have also opened the door for the VWA to access their medical
records and treating Doctors. This needs to be fully explained to all injured
workers before they are directed to sign the claim form by either their
employer or the VWA.
Injured workers should have the right to decide whether or not their medical
records are released to the VWA in full or in part but not at the direction of
the VWA with the threat of non acceptance of your claim if you don't.
Please see the following fact sheet published by the VWA.
This fact sheet is designed to assist health care professionals understand the
law regarding disclosure of health information to the Victorian WorkCover
Authority (VWA) or its WorkCover Agents about a patient’s work related
injury for the purposes of the assessment and management of the patient’s
WorkCover claim under the Accident Compensation Act 1985 (the Act).
The Health Records Act and patient confidentiality:
• The Health Records Act 2001 (Vic) (HRA) allows the VWA to collect health
information from a health care professional about a patient’s work related injury
in a number of circumstances.
• Under the HRA, health care professionals may disclose health information
about a patient to the VWA or its Agents if they have the consent of the patient.
A patient unknowingly consents to such disclosure when they sign
the ‘Authority to Release Medical Information’ on the ‘Worker’s
Claim Form’.
• Under the HRA a health care professional may also disclose health
information about a patient’s work related injury to the VWA or its Agents
without their consent in a number of circumstances relevant to the assessment
and management of the patient’s WorkCover claim, including where:
a. the purpose of disclosing the health information is directly related to the
primary purpose for which information was collected and the worker would
reasonably expect the information to be disclosed for that purpose.
Health care professionals collect health information about a patient for the
primary purpose of treating and managing their injury. The key reasons for
disclosing a patient’s health information to the VWA or its Agents are to:
• provide relevant medical or treatment information about the patient’s
work related injury
• assist in the assessment and management of the patient’s WorkCover claim.
• facilitate the patient’s rehabilitation and return to work.
The VWA considers these to be directly related to the primary
purpose.
WCV's states: What the VWA considers to be directly related to
the primary purpose is not law
It is the VWA’s view that a patient would objectively expect such a disclosure
when they make a claim for compensation.
WCV's States: that again, the VWA's views of expected disclosure
is not law either.
Disclosing health information about WorkCover patients
Health practitioner concerns about disclosures:
• It is considered lawful under the HRA for health care professionals to
disclose health information about a patient’s work related injury to the VWA
or its Agent with the consent granted in their claim form.
WCV's states: That would be lawful if the claimant knew they
were signing a consent to release this information.
Notwithstanding this, if a health care professional has concerns regarding a
patient’s consent for them to discuss their claim with the VWA or its Agent,
they are encouraged to obtain consent through their normal processes from
the patient before discussing their claim.
Professional Code of Ethics and the law:
• Health care professionals have a duty under their professional code of ethics
to maintain the confidentiality of their professional–patient relationship.
However, this duty is not absolute and there are some important exceptions,
including where another law permits the disclosure, such as under the HRA.
• It is the VWA’s view that health care professionals are not in breach
of the law if they provide health information about a patient to the
VWA or its Agents as part of the assessment and management of
the patient’s WorkCover claim in the circumstances outlined above.
WCV's States: Just because its the View of the VWA that healthcare
proffessionals are not in breach of the law is a view only and not lawful.
• The VWA and its Agents seek only to collect health information about a patient
that relates to the management of the patient’s work related injury.
WCV's states: If that is so, then why does the VWA obtain access
to all medical records?
The information contained in this document is protected by copyright.
The Victorian WorkCover Authority encourages the free transfer, copying and printing of the information in
this guidance material if such activities support the purpose for which the material was intended.
WCV's has followed the copyright directions of this document.
The copying of this document was specifically for the support of workcover victims by
informing them of worksafes policies therefore abiding by the copyright act of this
document.
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