DPF Briefing

September 2000

Access to BMI Health Records

DPF has received advice from CM(MDP) on the legal definition of a health record as per section 1(b) of the Access to Health Records Act (AHRA) 1990. The Act gives individuals the right of access to health information held about themselves. The record of examination (in other words the contents of the sealed envelope on the MDP medical file) is covered by the Act and, if requested, access must be granted. Only BMI can open the sealed envelope.

The Act is not intended to be used to continually monitor the records, or for general interest viewing. The Act gives the applicant the right of appeal to the High Court or County Court if it is considered that the holder of the record has failed to comply with any requirement of the Act. Information can be withheld on two issues:

• if certain information might cause serious physical or mental harm to the individual;

• if the information identifies a third party.

The written information from MDP to BMI is not covered under the Act and does not have to be released.

BMI’s letter to MDP is covered by the AHRA and should be released.

BMI are the legal ‘holders’ of BMI’s letter. This means that an individual would have to contact BMI direct, requesting release of records, under the AHRA 1990.

It is BMI policy to write reports in the knowledge that they might be disclosed. Access to Medical Reports Act is a different matter from the AHRA. It refers only to medical correspondence from doctors normally responsible for an individuals clinical care. The AHRA is a much wider Act and covers all aspects of ‘care’, including any examination which takes place.