Doctors will not be liable for PCEHR breaches: DoHA
The terms and conditions for healthcare provider participation in the PCEHR will not require them to assume all legal liability for breaches of the system, according to the Department of Health and Ageing (DoHA).
The Australian Medical Association (AMA) had rejected an early draft of the PCEHR participation agreement, saying it appeared healthcare providers would be liable for failures and breaches of the PCEHR and that health department officials would demand access to medical practices and records.
The AMA said the proposed registration conditions “place extraordinary obligations on healthcare provider organisations for matters that are largely out of their control”.
It threatened to advise its members not to register for the PCEHR unless the proposed conditions were changed.
A DoHA spokesperson said a workshop with stakeholders was held on April 3 that “considered an early draft of the PCEHR participation agreement as the basis for producing a more developed draft for consultation”.
“Following a productive workshop, a revised draft is currently being developed and will be released for consultation shortly,” she said.
The spokesperson rejected claims that the participation agreement would require organisations to assume all legal liability or grant officials unrestricted access to premises and records.
“It will not impose unfair or extraordinary obligations on healthcare provider organisations,” she said.
“Terms and conditions are a normal feature many government and private sector programs and give the participants certainty about their roles, responsibilities and rights.”
Posted in Australian eHealth