Patient online services: provision of online access to coded information in medical record and prospective medical record71ZA

1

Where a contractor holds the medical record of a registered patient (“P”) on its computerised clinical systems, the contractor must promote and offer to P the facility to access online the information from P’s medical record which is held in coded form other than—

a

any excepted information, or

b

any information which the contractor’s computerised clinical systems cannot separate from any free-text entry in P’s medical record.

2

The contractor must, if its computerised clinical systems and redaction software allow, offer to P the facility to access online the information (other than any excepted information) entered onto P’s medical record on or after the relevant date (the “prospective medical record”).

3

If P accepts an offer made under paragraph (2), the contractor must, as soon as possible, provide P with the facility to access online P’s prospective medical record.

4

But the contractor may—

a

delay providing the facility to P, if the contractor considers that providing P with it is likely to have an adverse impact on its provision of essential services;

b

delay giving P online access to any information added to P’s prospective medical record after the facility is provided to P, if the contractor considers that providing P with access to that information is likely to have an adverse impact on its provision of essential services.

5

If the contractor decides to delay providing P with access to the facility or giving P access to any information, it must notify P—

a

of that decision (including the period for which it anticipates access will be delayed), and

b

when the facility, or that information, becomes available.

6

In this regulation, “relevant date” means—

a

1st April 2020, where P became a registered patient before 1st October 2019;

b

in any other case, 1st October 2019.

7

For the purposes of this regulation and regulation 71ZB, information is “excepted information” if the contractor would not be required to disclose it to P in response to a request made by P in exercise of a right under Article 15 of the GDPR.

8

For the purposes of paragraph (7), “GDPR” has the meaning given in section 3(10) of the Data Protection Act 20187.

Patient online services: provision of online access to full digital medical record71ZB

1

A contractor must provide a registered patient (“P”) with the facility to access online relevant medical information if—

a

its computerised clinical systems and redaction software allow it to do so, and

b

P requests, in writing, that it provide that facility.

2

In this regulation “relevant medical information” means any information entered on P’s medical record other than—

a

any information which P can access online via a facility offered in accordance with regulation 71ZA(1) or (2), or

b

any excepted information.