Healthcare Identifiers Act and Service Review - Final Report - June 2013

Appendix 1: Terms of Reference of the Review

Page last updated: 28 November 2013

Review component

Review considerations

Assignment of identifiers

  • Effectiveness of assignment of identifiers
  • Effectiveness of record keeping by the Service Operator in relation to assignment of identifiers

Use and disclosure of identifying information

Effectiveness of provisions in relation to:

  • Use and disclosure of identifying information by providers
  • Disclosure of identifying information by data sources
  • Disclosure of identifying information by the national registration authority
  • Extent of/effectiveness of penalties for unauthorised use or disclosure

Disclosure of identifiers by Service Operator

Effectiveness of provisions in relation to the Service Operator’s obligations to:

  • Disclose IHIs to a provider for authorised purposes
  • Disclose the HPI-I to the registration authority to register the provider

Disclosure of identifiers by healthcare providers

  • Effectiveness of provisions in relation to the obligations of providers to disclose IHIs to the healthcare recipient or entity for purposes prescribed under the Act

Unauthorised use and disclosure of identifiers

  • Effectiveness of penalties imposed for unauthorised use or disclosure of identifiers

Interaction with the Privacy Act

  • Breaches of privacy under the Privacy Act
  • Findings of any Audits or investigations of the Service Operator undertaken by the Privacy Commissioner
  • Complaints regarding the HI Service handled by the Privacy Commissioner
  • Issues highlighted by the Privacy Commissioner and enforcement activities undertaken in relation to the HI Service

Oversight role of the Ministerial Council

  • Directions given by the Minister for Health to the Service Operator
  • Compliance by the Service Operator with directions issued
  • Compliance by the Service Operator in relation to preparation of the Annual Reports on the HI Service

Performance of the HI Service Operator (DHS)

Consideration of the performance of the HI Service Operator in relation to:

  • Maintenance of HI databases and infrastructure
  • Recordkeeping
  • Management of change requests
  • Provision of the HPD
  • Contractual arrangements supporting operation of the HI Service, including SLA

Performance of NEHTA

Consideration of the performance of NEHTA in relation to:

  • Validating the Service is fit for purpose
  • Support for the widespread adoption of the HI Service through ongoing development of HI implementation collateral
  • Distribution channels for the HI Service (HI Service Channel Enhancement Project)
  • Support provided to healthcare organisations in implementing the Service
  • Collaboration with HI Service to improve service delivery
  • Clinical safety in relation to the HI Service
  • Managing change on behalf of stakeholders
  • Management of software vendor panels

Barriers to achievement of objectives of the Act

Consideration of:

    • Any legislative, administrative or operational restrictions to use of the HI Service
    • Amendments to the HI Act proposed in the PCEHR (Consequential Amendments) Act
    • Support of the HI Service for clinical practice in relation to:
      • Sharing healthcare information
      • Identification of other healthcare providers
      • Identification of consumers

Recommendations

Recommendations in relation to:

  • Clarification of the legislation
  • Removal of legislative restrictions
  • Changes to overcome any administrative restrictions

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