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This is a Bill, not an Act. For current law, see the Acts databases.

PERSONALLY CONTROLLED ELECTRONIC HEALTH RECORDS (CONSEQUENTIAL AMENDMENTS) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Personally Controlled Electronic Health
Records (Consequential Amendments)
Bill 2011
No. , 2011
(Health and Ageing)
A Bill for an Act to make amendments
consequential on the enactment of the Personally
Controlled Electronic Health Records Act 2011, and
for related purposes
i Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011
No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Consequential amendments
3
Healthcare Identifiers Act 2010
3
Health Insurance Act 1973
10
National Health Act 1953
11
Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011 No.
, 2011 1
A Bill for an Act to make amendments
1
consequential on the enactment of the Personally
2
Controlled Electronic Health Records Act 2011, and
3
for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Personally Controlled Electronic
7
Health Records (Consequential Amendments) Act 2011.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2 Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011
No. , 2011
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A day or days to be fixed by Proclamation.
However, if any of the provision(s) do not
commence by the later of:
(a) 1 July 2012; and
(b) the day this Act receives the Royal
Assent;
they commence on the day after the later of
those days.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
15
Consequential amendments Schedule 1
Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011 No.
, 2011 3
Schedule 1--Consequential amendments
1
2
Healthcare Identifiers Act 2010
3
1 After section 4
4
Insert:
5
4A External Territories
6
This Act extends to every external Territory.
7
2 Section 5
8
Insert:
9
Australian Childhood Immunisation Register means the
10
Australian Childhood Immunisation Register kept under
11
section 46B of the Health Insurance Act 1973.
12
3 Section 5
13
Insert:
14
Medicare Benefits Program means the program for providing
15
Medicare benefits under the Health Insurance Act 1973.
16
4 Section 5
17
Insert:
18
participant in the PCEHR system has the same meaning as in the
19
Personally Controlled Electronic Health Records Act 2011.
20
5 Section 5
21
Insert:
22
PCEHR has the same meaning as in the Personally Controlled
23
Electronic Health Records Act 2011.
24
6 Section 5
25
Insert:
26
Schedule 1 Consequential amendments
4 Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011
No. , 2011
PCEHR system has the same meaning as in the Personally
1
Controlled Electronic Health Records Act 2011.
2
7 Section 5
3
Insert:
4
PCEHR System Operator means the System Operator within the
5
meaning of the Personally Controlled Electronic Health Records
6
Act 2011.
7
8 Section 5
8
Insert:
9
Pharmaceutical Benefits Program means the program for
10
providing pharmaceutical benefits under the National Health Act
11
1953.
12
9 Section 5
13
Insert:
14
professional and business details of a healthcare provider includes
15
the healthcare provider's healthcare identifier.
16
10 Section 5
17
Insert:
18
registered portal operator has the same meaning as in the
19
Personally Controlled Electronic Health Records Act 2011.
20
11 Section 5
21
Insert:
22
registered repository operator has the same meaning as in the
23
Personally Controlled Electronic Health Records Act 2011.
24
12 Paragraph 10(b)
25
After "Division 2", insert "or 2A".
26
13 Division 1 of Part 3 (heading)
27
Repeal the heading, substitute:
28
Consequential amendments Schedule 1
Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011 No.
, 2011 5
Division 1--Use and disclosure of identifying information
1
14 After section 11
2
Insert:
3
11A Use and disclosure of identifying information
4
The service operator is authorised to use, and to disclose to the
5
PCEHR System Operator, identifying information for any purpose
6
for which the PCEHR System Operator is authorised to collect, use
7
or disclose the identifying information under Division 2A.
8
15 Section 18
9
Omit "must", substitute "may".
10
16 After section 19
11
Insert:
12
19A Disclosure to PCEHR System Operator
13
The service operator is authorised to disclose a healthcare identifier
14
to the PCEHR System Operator for a purpose for which the
15
PCEHR System Operator is authorised to collect, use or disclose
16
the healthcare identifier under Division 2A.
17
19B Disclosure to Chief Executive Medicare
18
The service operator is authorised:
19
(a) to use a healthcare identifier, and identifying information
20
held by the service operator, of a healthcare recipient; and
21
(b) to disclose to the Chief Executive Medicare a healthcare
22
identifier, and identifying information held by the service
23
operator, of a healthcare recipient;
24
for a purpose for which the Chief Executive Medicare is authorised
25
to collect, use or disclose the healthcare identifier under
26
Division 2A.
27
19C Disclosure to other Departments
28
The service operator is authorised:
29
Schedule 1 Consequential amendments
6 Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011
No. , 2011
(a) to use a healthcare identifier, and identifying information
1
held by the service operator, of a healthcare recipient; and
2
(b) to disclose to the Veterans' Affairs Department, the Defence
3
Department or such other Department as is prescribed, a
4
healthcare identifier, and identifying information held by the
5
service operator, of a healthcare recipient;
6
for a purpose for which that Department is authorised to collect,
7
use or disclose the healthcare identifier under Division 2A.
8
17 Subsection 20(1)
9
After "operator", insert "or a registration authority".
10
18 Subsection 20(1)
11
After "identifier", insert "and identifying information".
12
19 Paragraph 20(2)(b)
13
After "use", insert "and disclose".
14
20 At the end of subsection 20(2)
15
Add:
16
; and (c) to adopt the healthcare identifier as the entity's own identifier
17
of the healthcare provider for the purpose of enabling the
18
healthcare provider's identity to be authenticated in
19
electronic transmissions.
20
21 After Division 2 of Part 3
21
Insert:
22
Division 2A--Collection, use and disclosure of healthcare
23
identifiers and identifying information for
24
purposes of the PCEHR System
25
22A Collection, use and disclosure by PCEHR System Operator
26
(1) This section applies if a healthcare recipient or a healthcare
27
provider has applied for registration or is registered under the
28
Personally Controlled Electronic Health Records Act 2011.
29
(2) The PCEHR System Operator is authorised:
30
Consequential amendments Schedule 1
Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011 No.
, 2011 7
(a) to collect identifying information of the healthcare recipient
1
or healthcare provider from the service operator; and
2
(b) to collect the healthcare identifier of the healthcare recipient
3
or healthcare provider; and
4
(c) to use and disclose the identifying information and healthcare
5
identifier;
6
for the purpose of verifying the identity of the healthcare recipient
7
or healthcare provider and for other purposes of the PCEHR
8
system, subject to the Personally Controlled Electronic Health
9
Records Act 2011.
10
22B Adoption by PCEHR System Operator and registered
11
repository operator
12
The System Operator, a registered repository operator or a
13
registration authority is authorised to adopt the healthcare identifier
14
of a healthcare recipient or a healthcare provider as its own
15
identifier of the recipient or the provider, so far as is reasonably
16
necessary for the purposes of the PCEHR system.
17
22C Collection, use and disclosure by registered repository
18
operators or registered portal operators
19
A registered repository operator or a registered portal operator is
20
authorised:
21
(a) to collect the healthcare identifier of a healthcare recipient or
22
healthcare provider; and
23
(b) to use the healthcare identifier; and
24
(c) to disclose the healthcare identifier to a participant in the
25
PCEHR system;
26
for the purposes of the PCEHR system, subject to the Personally
27
Controlled Electronic Health Records Act 2011.
28
22D Collection, use and disclosure by the Chief Executive Medicare
29
and Departments
30
(1) The Chief Executive Medicare, the Veterans' Affairs Department,
31
the Defence Department and such other Departments as are
32
prescribed are authorised:
33
Schedule 1 Consequential amendments
8 Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011
No. , 2011
(a) to collect identifying information of a healthcare recipient
1
from the service operator; and
2
(b) to collect the healthcare identifier of a healthcare recipient;
3
and
4
(c) to use the healthcare identifier and identifying information;
5
and
6
(d) to disclose the healthcare identifier and identifying
7
information to a participant in the PCEHR system.
8
(2) The authorisation of the Chief Executive Medicare under
9
subsection (1) is limited to collections, uses and disclosures for the
10
purposes of including, in the healthcare recipient's PCEHR,
11
information about the healthcare recipient:
12
(a) that is any of the following:
13
(i) information that relates to the Medicare Benefits
14
Program or the Pharmaceutical Benefits Program;
15
(ii) information included on the Australian Childhood
16
Immunisation Register;
17
(iii) information included on the register administered by the
18
Commonwealth that records the decision made by an
19
individual about whether to become an organ and tissue
20
donor for transplantation after death; and
21
(b) that the healthcare recipient has consented to being included
22
in his or her PCEHR.
23
(3) The authorisation of a Department under subsection (1) is limited
24
to collections, uses and disclosures for the purposes of including, in
25
the healthcare recipient's PCEHR, information about the healthcare
26
recipient:
27
(a) that is information prescribed by the regulations; and
28
(b) that the healthcare recipient has consented to being included
29
in his or her PCEHR.
30
22E Regulations may authorise collection, use and disclosure related
31
to the PCEHR system
32
The regulations may authorise a person:
33
(a) to collect identifying information of a healthcare recipient
34
from the service operator; and
35
Consequential amendments Schedule 1
Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011 No.
, 2011 9
(b) to collect the healthcare identifier of a healthcare recipient;
1
and
2
(c) to use the identifying information and healthcare identifier;
3
and
4
(d) to disclose the identifying information and healthcare
5
identifier to a participant in the PCEHR system;
6
so far as the collection, use or disclosure:
7
(e) relates to a collection, use or disclosure of health information
8
that is authorised under the Personally Controlled Electronic
9
Health Records Act 2011; or
10
(f) is reasonably necessary for the performance of a function or
11
the exercise of a power in relation to the PCEHR system.
12
22 After section 24
13
Insert:
14
24A Collection, use and disclosure of healthcare identifier of
15
healthcare provider with consent
16
The service operator or another entity may collect, use or disclose a
17
healthcare provider's healthcare identifier for a purpose relating to
18
the provision of healthcare if:
19
(a) the healthcare provider has consented to the collection, use or
20
disclosure; and
21
(b) the collection, use or disclosure is in accordance with any
22
limitations to which the consent is subject.
23
23 After paragraph 36(b):
24
Add:
25
(ba) a person (the contractor) performing services under a
26
contract between the contractor and the first entity, if:
27
(i) the first entity is a participant in the PCEHR system,
28
other than a healthcare provider or a contracted service
29
provider; and
30
(ii) the purpose relates to the PCEHR system; or
31
24 Subparagraph 36(c)(i)
32
After "applies", insert "or of a contractor to which paragraph (ba)
33
applies".
34
Schedule 1 Consequential amendments
10 Personally Controlled Electronic Health Records (Consequential Amendments) Bill
2011 No. , 2011
25 Subparagraph 36(c)(ii)
1
Omit "that paragraph", substitute "whichever of those paragraphs
2
applies".
3
Health Insurance Act 1973
4
26 Subsection 3(1)
5
Insert:
6
PCEHR System Operator has the same meaning as System
7
Operator has in the Personally Controlled Electronic Health
8
Records Act 2011.
9
27 Subsection 3(1)
10
Insert:
11
registered consumer has the meaning given by the Personally
12
Controlled Electronic Health Records Act 2011.
13
28 Subsection 3(1)
14
Insert:
15
registered repository operator has the meaning given by the
16
Personally Controlled Electronic Health Records Act 2011.
17
29 After paragraph 46E(1)(b)
18
Insert:
19
(ba) upload to a repository operated by the Chief Executive
20
Medicare or by another registered repository operator,
21
information about the immunisation of a particular child who
22
is a registered consumer, if the consumer consents to that
23
information being uploaded; and
24
(bb) give information to the PCEHR System Operator about the
25
immunisation of a particular child who is a registered
26
consumer, if the consumer consents to that information being
27
uploaded; and
28
30 Subsection 130(1)
29
After "2008", insert ", the Personally Controlled Electronic Health
30
Records Act 2011 (whether as a delegate or otherwise)".
31
Consequential amendments Schedule 1
Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2011 No.
, 2011 11
National Health Act 1953
1
31 Subsection 135A(1)
2
After "indemnity legislation", insert "or the Personally Controlled
3
Electronic Health Records Act 2011 (whether as a delegate or
4
otherwise)".
5
32 After subsection 135AA(5A)
6
Insert:
7
(5B) Nothing in this section, or in the Guidelines issued by the
8
Information Commissioner, prevents the PCEHR System Operator
9
including information to which this section applies in the PCEHR
10
of a consumer.
11
33 Subsection 135AA(11)
12
Insert:
13
PCEHR has the same meaning as in the Personally Controlled
14
Electronic Health Records Act 2011.
15
34 Subsection 135AA(11)
16
Insert:
17
PCEHR System Operator has the same meaning as System
18
Operator has in the Personally Controlled Electronic Health
19
Records Act 2011.
20

 

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