Phisc
PRIVACY
&
CONFIDENTIALITY
INDEX
Agenda for the meeting to be held on 31 January 2002.... p. 1
Minutes of the meeting held on 25
October 2001.... p. 2
Implementation guidelines.... p.
3
Agenda
for the meeting
Privacy and Confidentiality
To be held on 31 January 2002
1. Welcome
and presentation of all participants
2. Apologies
3. Previous
Minutes
4. Matters
arising
4.1 “Secret patients” - SAMHS
4.2 Preservation of info on HIV pntients -
Sanlam Health
5. Framework
for Guide
6. General
7. Next
meeting
Implementation guidelines
As adopted
by members on 25 October 2001
(Refer to
minutes of meeting).
Responsible
member
|
1. |
Investigate confidentiality aspect on info on financial
statements or contracts of payment of medical procedures. |
no-one undertook |
|
2. |
Challenge existing disclosure agreements with Medical
Aid Companies. |
Lyn Hanmer |
|
3. |
Formulation of draft guidelines re. disclosure
agreements with Medical Aid Companies. |
Hester Huysamen Braam Volschenk Elsabe Klinck |
|
4. |
Re-formulate and make proper definition of number 4.11
on minutes of Privacy and Confidentiality meeting held on 19 July 2001. |
Hester Huysamen Braam Volschenk |
|
5. |
Findings of Provincial Advisor re: legal implications of
collating medical data for further use and/or personal/financial gain to be
forwarded to all members. |
Lyn Hanmer |
|
6. |
Clarification of categories re. people using data and
gathering of legislation surrounding this. |
Lyn Hanmer |
|
7. |
Discussions with people using collated data. |
no-one undertook |
|
8. |
C1/10/2001 - to provide web address. |
Lyn Hanmer |
|
9. |
C1/10/2001 - preparation for discussion at next meeting. |
all members |
|
10. |
C2/10/2001 - preparation for discussion at next meeting. |
all members |
|
11. |
List of roles for Guide. |
all members |
|
12. |
Finding someone to gather info on specific Acts re.
privacy and confidentiality and verification of findings by lawyers. |
Lyn Hanmer |
Minutes of
held on 25
October 2001 for PHISC
Discovery
Health
155 West
Street, Sandton
1. Welcome
Jean le Roux welcomed everyone and
defined the goal of this meeting as constructing an implementation guide regarding privacy and confidentiality. All
present briefly introduced themselves, it was noted that there’s a growing
concern in general for clarification on this subject. Topics for discussion
raised from SAMHS regarding “secret patients”, and Sanlam Health regarding the
preservation of information on HIV patients.
2. Present
|
Jean le Roux
(JleR) (chairman) |
DHS |
(011)
266 6317 |
jean@dhsolutions.co.za |
|
Luisa Whitelaw
(LW) |
Discovery
Health |
(011)
529 2152 |
luisaw@discoveryhealth.co.za |
|
Lyn Hanmer
(LH) |
MCR |
(021)
938 0343 |
lyn.hanmer@mrc.ac.za |
|
Roberta
Adams (RA) |
LHC |
(011)
408 1765 |
roberta.adams@liberty.co.za |
|
Emily
Wisdeman (EW) |
LHC |
(011)
408 1765 |
roberta.adams@liberty.co.za |
|
Audrey
Robinson (AR) |
DXS Systems |
(021)
853 3317 |
audrey@dxs-systems.com |
|
Warrick Sive
(WS) |
Afrox
Healthcare |
(011)
490 0516 |
warrick.sive@afrox.boc.com |
|
Elma Jooste
(EJ) |
OTASA |
(011)
954 3626 |
ejooste@netactive.co.za |
|
Sanet Kock
(SK) |
Medi-Kredit |
(011)
770 6000 |
skock@medikredit.co.za |
|
Hester
Huysamen (HH) |
SASP |
(012)
807 0601 |
huysamen@icon.co.za |
|
Tionette
Greyling (TG) |
Qualsa
Healthcare |
(011)
777 8112 |
toinetteg@qualsa.co.za |
|
Barbara
Elsworth (BE) |
Qualsa
Healthcare |
(011)
777 8000 |
barbarae@qualsa.co.za |
|
Helen
Matuszek (HM) |
Sanlam
Health |
(021)
947 8760 |
hmatuszek@health.sanlam.co.za |
|
Anette Botha
(AB) |
MediHelp |
(082)
920 1321 |
|
|
Ann
Govindasamy (AG) |
Liberty
Healthcare |
(082)
415 8213 |
elizabeth.govindasamy@liberty |
|
Riva
Hirschowitz (RH) |
Netcare |
(082)
782 8275 |
|
|
Derik van
Rensburg (DvR) |
SADA/SAMHS |
(082)
469 5197 |
|
|
Corrie Auret
(CA) |
SAMHS |
(012)
671 5185 |
corriea@medinfo.sita.co.za |
|
Virginia
Thomas (VT) |
Medscheme |
(012)
510 2555 |
|
|
Faith Barter
(FB) |
Afrox
Healthcare |
(011)
490 0917 |
faithbarter@afrox.boc.com |
|
Elaine Saulz
(ES) |
Discovery |
(011)
529 2430 |
3. Apologies
Niel Steyn
4. Previous minutes
Read
and were accepted, with the following exceptions and amendments:
4.2 “… the SA Medical Journal is to have
legislation …” should read “… the SA
Medical Association is to have legislation …”.
4.3 “… but also to encompass SADEC….” should read “… but also to encompass SADC….
4.4 WS mentioned that all matters given to a specific person to finalise should be completed or taken off the agenda, specifically referring this point and number 6.2 on the minutes of meeting held on 19 April 2001 where “Pino” undertook to investigate the difference between English and Afrikaans versions.
JleR said that Braam Volschenk compiled a report that is available on the Web.
4.10 HH raised comment that an agreement was not yet reached regarding the rights to privacy by a dependant, but rather that it was to date only proposed. This point was forwarded to Matters Arising number i.
4.11 LH suggested this item also be forwarded to
Matters Arising - number ii.
4.12 Generally agreed to forward this item to
Matters arising number iii. for discussion.
(Refer
to number 6 hereof which was discussed at this point, but abandoned in favour
of obtaining clearance on the whole issue of privacy & confidentiality
before categories for the framework of a “Guide” be defined.)
5. Matters Arising
i.) Reason for disagreement with the stated
“agreed” term (4.10), HH: case example mentioned of an abortion done on a
patient who did not want her husband to know about the procedure. Statements
received from their Medical Aid clearly indicated the procedure preformed.
HH
suggested making distinction between confidentiality of financial- and clinical info.
LH
mentioned that informed consent for procedures is dealt with in other forums,
that this committee can rather focus on the payment aspect, somehow formulate a
proposal on contract for payment of
procedure. This committee should rather lok at aspects not yet covered.
Suggested someone undertake to follow this up, not herself.
JleR
queried: when a patient signs agreement with a Medical Aid if their signature
approves sharing of info. LH agreed to challenge existing disclosure agreements
at Medical Aid.
HH said that the matter of privacy and confidentiality is not covered at time of signature, because the contract then does not include the “confidentiality” issue/clauses. Suggested that HH, Braam Volschenk and Elsabe Klinck formulate draft guidelines and challenge this aspect. LH seconded it. JleR will follow‑up.
ii.) JleR explained the implied meaning of 4.11 on
previous minutes, viz. (the piece of paper) notes made by a doctor is owned by
the doctor, but after these notes are recorded in some form e.g. computerised
and made “public”, it belongs to the patient not the doctor.
HH
mentioned that Ethical rules states that the doctor must provide a summary of
findings to the patient.
A
suggestion was made that HH re-formulate this and make a proper definition. HH
agreed, but only with Braam Volschenk.
iii.) (4.12) Mention was made of a potential
“problem” in the fact that information is gathered off prescriptions from
doctors and sent to IPA after which it is sold to Pharmaceutical Companies. LH
said that the legal implications of this should be investigated. She also said
that MRC committee said that doctors must be informed that their data might be
used in public. There is a Provincial Legal Advisor looking into it and she
will forward findings in due course.
Suggestion
made that discussions be held with people currently using collated data.
LH
said that there is different categories, individual data and data for peer
review, she undertook to clarify categories and gather legislation surrounding
this.
HH
said everyone must look at it and get some case matters.
Suggestion
made to include case studies/solution cases in Sequence of Items, maybe under
6.8 Statistics and Warehousing.
iv.) C1/10/2001: LH submitted a letter dealing with ethical
code of practice. Some copies of this letter distributed. It’s a draft.
Suggestion made that members revert to this letter and it be discussed at the
next meeting. LH will provide web address, and JleR will place a link to it on
PHISC web-site.
v.) C2/10/2001 (BMJ.com, 11 Nov 2000 - vol. 3.21):
Letter submitted to committee by LH. This too will be discussed at next
meeting.
6. Sequence of items - Framework for
Guide
6.1 Member
and Dependant;
6.2 Patient;
6.3 Medicine
and Consumers Suppliers;
6.4 Service
Suppliers;
6.5 Administrators;
6.6 Payment
Chain;
6.7 Hubs;
6.8 Statistics
and Warehousing;
6.9 Legal
and Government.
Suggestion
made to re-visit roles this committee
caters for. All members should make a list of roles for next meeting.
HH said that instead of “Patient” (6.1), one should refer to “User of Health Care” and instead of “Service Suppliers” (6.4), “Health Care Providers”.
DvR said that we should not waste time on categories for now, that the framework is acceptable and can be amended or adapted later, but rather to concentrate on clarifying the whole issue of privacy and confidentiality first.
Legislation
regarding privacy and legislation queried, a great deal is already available,
especially by Braam Volschenk (www.ftc.gov/reports/privacy3/fairinfo.htm).
LH undertook to find someone to further look at specific Acts and to get lawyers to verify findings.
7. General
None raised.
8. Next meeting
January 2002, to be confirmed.