Lee M

 

Please find attached our acknowledgement letter for your OIA request.

 

Regards

 

Government Services Team

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"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
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attachments or disclose the contents to any other person."

Dear Lee M

Please find attached, ACC's response to your request below

Yours sincerely
Government Services

-----Original Message-----
From: Lee M. [mailto:[FOI #2520 email]]
Sent: Tuesday, 24 February 2015 3:14 p.m.
To: Information Website Mail
Subject: Official Information Act request - Inter alia; Electronic completion and submission of ACC45 forms, patient/claimant privacy and Sections 72, 56 and 57 of the Accident Compensation Act

Dear Accident Compensation Corporation,

This is an Official Information Act request.

Question 1:

Sub-section 72(1)(c) of the Accident Compensation Act provides that a responsibility of an ACC claimant "must, when reasonably required to do so by the Corporation - authorise the Corporation to obtain medical and other records that are or may be relevant to the claim."

Given that Section 72 of the Accident Compensation Act carries the heading "Responsibilities of claimant WHO RECEIVES ENTITLEMENT", and that sub-section 72(1) states; "A claimant WHO RECEIVES ANY ENTITLEMENT must, when reasonably required to do so by the Corporation - authorise the Corporation to obtain medical and other records that are or may be relevant to the claim", what legal requirement is there for an ACC claimant who is NOT RECEIVING ANY ENTITLEMENT to "authorise the Corporation to obtain medical and other records that are or may be relevant to the claim" (with ENTITLEMENTS only starting once the ACC has assessed the claim and approved cover)?

Question 2:

Does Section 72 of the Accident Compensation Act apply to ACC claimants who are NOT receiving ENTITLEMENTS but where an ACC45 form has been electronically submitted to the ACC by the claimants' doctor, the ACC is either assessing the claim or has assessed the claim and has advised the claimant that it decided to decline cover and the claimant has applied for a review of that decision?

Question 3:

The ACC claim process begins with the completion and submission of an ACC45 claim form to the ACC. This can be done by the patient/claimant manually completing an ACC45 claim form, or, by the patient's/claimant's doctor electronically completing an ACC45 claim form.

Where an ACC45 form was completed and submitted by a patient's/claimant's doctor electronically, and in a situation where the patient/claimant was not shown the original or a copy, or given a copy, of the ACC45 form completed by the patient's/claimant's doctor, the patient did not sign the ACC45 form and the patient's/claimant's doctor did not discuss or mention any issue to do with the patient/claimant related to 'patient authority and consent' to obtain or release the patient's/claimant's private health information, what legally established authority would be there for the ACC to request the doctor who completed the ACC45 form to release the patient's/claimant's private health information to the ACC?

Question 4:

In the above described circumstances - refer question 3 - and bearing in mind the provisions of sub-sections 56(4)(a) and (b) and 57(3)(a) and (b) of the Accident Compensation Act that require the ACC to "make a reasonable request to the person (claimant), or decide to make a request to another person, for the additional information; and if the Corporation proposes to make a request to another person for the additional information, tell the person making the claim (claimant) about the making of the request and its nature ..."; would it be a breach of the Accident Compensation Act if the ACC was to make a request for "additional information" to the doctor who had completed the ACC45 form, and, the ACC had NOT complied with sub-section 56(4)(b) or 57(3)(b) as applicable (it failed to tell the claimant about making the request and its nature)?

Question 5:

In the case of a work related gradual process claim; would it be a breach of the patient's/claimant's privacy rights (provided in various instruments of law) if the ACC sent an old/outdated blank ACC271 form to the patient's/claimant's doctor without complying with the provision of sub-section 57(3)(b) of the Accident Compensation Act (with Section 57 of the Accident Compensation Act applying to work related gradual process claims), with a request for the doctor who had completed the ACC45 form) to complete and return the aforementioned form to the ACC, and when the wording across the top of the aforementioned form clearly states; "xxx (patient's/claimant's name) has authorised ACC to collect information needed to determine cover for their injury, by completing the Patient Declaration on the ACC45 ACC Injury Claim Form", but where the ACC45 form was completed and submitted by the patient's/claimant's doctor electronically not manually, and in a situation where the patient/claimant wa s not shown the original or a copy, or given a copy, of the ACC45 form completed by the patient's/claimant's doctor, the patient did not sign the ACC45 form, and the patient's/claimant's doctor has also not discussed any 'patient authority and consent' to obtain or release the patient's/claimant's private health information?

Question 6:

What other section/s of the Accident Compensation Act, if any, authorises the ACC to obtain medical and other records from any other party/ies that are or may be relevant to an ACC claim?

Question 7:

What section of the Accident Compensation Act, if any, authorises the ACC to obtain medical and other records from any other party/ies that are or may be relevant to an ACC claim, where an ACC45 form was completed and submitted by a patient's/claimant's doctor electronically, and in a situation where the patient/claimant was not shown the original or a copy, or given a copy, of the ACC45 form completed by the patient's/claimant's doctor, the patient did not sign the ACC45 form and the patient's/claimant's doctor did not discuss or mention any issue to do with the patient/claimant related to 'patient authority and consent' to obtain or release the patient's/claimant's private health information?

Yours faithfully,

Lee M.

-------------------------------------------------------------------

This is an OIA request done via the FYI website.

Please do not send progress updates as PDF files.

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.

-------------------------------------------------------------------

Disclaimer:

"This message and any attachments may contain confidential and privileged information.
If you believe you have received this email in error, please advise us immediately by
return email or telephone and then delete this email together with all attachments.
If you are not the intended recipient, you are not authorised to use or copy this message
or any attachments or disclose the contents to any other person."

hide quoted sections

Government Services would like to recall the message, "Official Information Act request - Inter alia; Electronic completion and submission of ACC45 forms, patient/claimant privacy and Sections 72, 56 and 57 of the Accident Compensation Act".
Disclaimer:

"This message and any attachments may contain confidential and privileged information.
If you believe you have received this email in error, please advise us immediately by
return email or telephone and then delete this email together with all attachments.
If you are not the intended recipient, you are not authorised to use or copy this message
or any attachments or disclose the contents to any other person."

Dear Lee M

 

Please find attached, ACC's response to your Official Informtion Act
request as per your email below.

 

Please note, this response was previously sent to your email address on 18
March 2015, but due to issues with FYI, it was undeliverable.

 

Yours sincerely

Government Services

 

 

 

-----Original Message-----

From: Lee M. [[1]mailto:[FOI #2520 email]]

Sent: Tuesday, 24 February 2015 3:14 p.m.

To: Information Website Mail

Subject: Official Information Act request - Inter alia; Electronic
completion and submission of ACC45 forms, patient/claimant privacy and
Sections 72, 56 and 57 of the Accident Compensation Act

 

Dear Accident Compensation Corporation,

 

This is an Official Information Act request.

 

Question 1:

 

Sub-section 72(1)(c) of the Accident Compensation Act provides that a
responsibility of an ACC claimant "must, when reasonably required to do so
by the Corporation - authorise the Corporation to obtain medical and other
records that are or may be relevant to the claim."

 

Given that Section 72 of the Accident Compensation Act carries the heading
"Responsibilities of claimant WHO RECEIVES ENTITLEMENT", and that
sub-section 72(1) states; "A claimant WHO RECEIVES ANY ENTITLEMENT must,
when reasonably required to do so by the Corporation - authorise the
Corporation to obtain medical and other records that are or may be
relevant to the claim", what legal requirement is there for an ACC
claimant who is NOT RECEIVING ANY ENTITLEMENT to "authorise the
Corporation to obtain medical and other records that are or may be
relevant to the claim" (with ENTITLEMENTS only starting once the ACC has
assessed the claim and approved cover)?

 

Question 2:

 

Does Section 72 of the Accident Compensation Act apply to ACC claimants
who are NOT receiving ENTITLEMENTS but where an ACC45 form has been
electronically submitted to the ACC by the claimants' doctor, the ACC is
either assessing the claim or has assessed the claim and has advised the
claimant that it decided to decline cover and the claimant has applied for
a review of that decision?

 

Question 3:

 

The ACC claim process begins with the completion and submission of an
ACC45 claim form to the ACC.  This can be done by the patient/claimant
manually completing an ACC45 claim form, or, by the patient's/claimant's
doctor electronically completing an ACC45 claim form.

 

Where an ACC45 form was completed and submitted by a patient's/claimant's
doctor electronically, and in a situation where the patient/claimant was
not shown the original or a copy, or given a copy, of the ACC45 form
completed by the patient's/claimant's doctor, the patient did not sign the
ACC45 form and the patient's/claimant's doctor did not discuss or mention
any issue to do with the patient/claimant related to 'patient authority
and consent' to obtain or release the patient's/claimant's private health
information, what legally established authority would be there for the ACC
to request the doctor who completed the ACC45 form to release the
patient's/claimant's private health information to the ACC?

 

Question 4:

 

In the above described circumstances - refer question 3 - and bearing in
mind the provisions of sub-sections 56(4)(a) and (b) and 57(3)(a) and (b)
of the Accident Compensation Act that require the ACC to "make a
reasonable request to the person (claimant), or decide to make a request
to another person, for the additional information; and if the Corporation
proposes to make a request to another person for the additional
information, tell the person making the claim (claimant) about the making
of the request and its nature ..."; would it be a breach of the Accident
Compensation Act if the ACC was to make a request for "additional
information" to the doctor who had completed the ACC45 form, and, the ACC
had NOT complied with sub-section 56(4)(b) or 57(3)(b) as applicable (it
failed to tell the claimant about making the request and its nature)?

 

Question 5:

 

In the case of a work related gradual process claim; would it be a breach
of the patient's/claimant's privacy rights (provided in various
instruments of law) if the ACC sent an old/outdated blank ACC271 form to
the patient's/claimant's doctor without complying with the provision of
sub-section 57(3)(b) of the Accident Compensation Act (with Section 57 of
the Accident Compensation Act applying to work related gradual process
claims), with a request for the doctor who had completed the ACC45 form)
to complete and return the aforementioned form to the ACC, and when the
wording across the top of the aforementioned form clearly states; "xxx
(patient's/claimant's name) has authorised ACC to collect information
needed to determine cover for their injury, by completing the Patient
Declaration on the ACC45 ACC Injury Claim Form", but where the ACC45 form
was completed and submitted by the patient's/claimant's doctor
electronically not manually, and in a situation where the patient/claimant
wa  s not shown the original or a copy, or given a copy, of the ACC45 form
completed by the patient's/claimant's doctor, the patient did not sign the
ACC45 form, and the patient's/claimant's doctor has also not discussed any
'patient authority and consent' to obtain or release the
patient's/claimant's private health information?

 

Question 6:

 

What other section/s of the Accident Compensation Act, if any, authorises
the ACC to obtain medical and other records from any other party/ies that
are or may be relevant to an ACC claim?

 

Question 7:

 

What section of the Accident Compensation Act, if any, authorises the ACC
to obtain medical and other records from any other party/ies that are or
may be relevant to an ACC claim, where an ACC45 form was completed and
submitted by a patient's/claimant's doctor electronically, and in a
situation where the patient/claimant was not shown the original or a copy,
or given a copy, of the ACC45 form completed by the patient's/claimant's
doctor, the patient did not sign the ACC45 form and the
patient's/claimant's doctor did not discuss or mention any issue to do
with the patient/claimant related to 'patient authority and consent' to
obtain or release the patient's/claimant's private health information?

 

Yours faithfully,

 

Lee M.

 

-------------------------------------------------------------------

 

This is an OIA request done via the FYI website.

 

Please do not send progress updates as PDF files.

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[2]https://fyi.org.nz/help/officers

 

If you find this service useful as an OIA officer, please ask your web
manager to link to us from your organisation's OIA page.

 

 

-------------------------------------------------------------------

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

References

Visible links
1. mailto:[FOI #2520 email]
2. https://fyi.org.nz/help/officers

hide quoted sections

Dear Lee M

Thank you for your email of 12 April 2015.

ACC attempted to send your OIA response letter on 18 March 2015 @ 8:42am, and again on 25 March 2015 @ 12:10pm. Both times ACC received a notification “ Warning: could not send message for past 4 hours”.

When ACC received no further notification, it was supposed the email had been sent to you at the FYI website .

We regret any inconvenience caused as at the time the “FYI website” was down.

Kind Regards

Government Services

Dear Lee M

Please find attached, ACC's response to your request below

Yours sincerely
Government Services

-----Original Message-----
From: Lee M. [mailto:[FOI #2520 email]]
Sent: Tuesday, 24 February 2015 3:14 p.m.
To: Information Website Mail
Subject: Official Information Act request - Inter alia; Electronic completion and submission of ACC45 forms, patient/claimant privacy and Sections 72, 56 and 57 of the Accident Compensation Act

Dear Accident Compensation Corporation,

This is an Official Information Act request.

Question 1:

Sub-section 72(1)(c) of the Accident Compensation Act provides that a responsibility of an ACC claimant "must, when reasonably required to do so by the Corporation - authorise the Corporation to obtain medical and other records that are or may be relevant to the claim."

Given that Section 72 of the Accident Compensation Act carries the heading "Responsibilities of claimant WHO RECEIVES ENTITLEMENT", and that sub-section 72(1) states; "A claimant WHO RECEIVES ANY ENTITLEMENT must, when reasonably required to do so by the Corporation - authorise the Corporation to obtain medical and other records that are or may be relevant to the claim", what legal requirement is there for an ACC claimant who is NOT RECEIVING ANY ENTITLEMENT to "authorise the Corporation to obtain medical and other records that are or may be relevant to the claim" (with ENTITLEMENTS only starting once the ACC has assessed the claim and approved cover)?

Question 2:

Does Section 72 of the Accident Compensation Act apply to ACC claimants who are NOT receiving ENTITLEMENTS but where an ACC45 form has been electronically submitted to the ACC by the claimants' doctor, the ACC is either assessing the claim or has assessed the claim and has advised the claimant that it decided to decline cover and the claimant has applied for a review of that decision?

Question 3:

The ACC claim process begins with the completion and submission of an ACC45 claim form to the ACC. This can be done by the patient/claimant manually completing an ACC45 claim form, or, by the patient's/claimant's doctor electronically completing an ACC45 claim form.

Where an ACC45 form was completed and submitted by a patient's/claimant's doctor electronically, and in a situation where the patient/claimant was not shown the original or a copy, or given a copy, of the ACC45 form completed by the patient's/claimant's doctor, the patient did not sign the ACC45 form and the patient's/claimant's doctor did not discuss or mention any issue to do with the patient/claimant related to 'patient authority and consent' to obtain or release the patient's/claimant's private health information, what legally established authority would be there for the ACC to request the doctor who completed the ACC45 form to release the patient's/claimant's private health information to the ACC?

Question 4:

In the above described circumstances - refer question 3 - and bearing in mind the provisions of sub-sections 56(4)(a) and (b) and 57(3)(a) and (b) of the Accident Compensation Act that require the ACC to "make a reasonable request to the person (claimant), or decide to make a request to another person, for the additional information; and if the Corporation proposes to make a request to another person for the additional information, tell the person making the claim (claimant) about the making of the request and its nature ..."; would it be a breach of the Accident Compensation Act if the ACC was to make a request for "additional information" to the doctor who had completed the ACC45 form, and, the ACC had NOT complied with sub-section 56(4)(b) or 57(3)(b) as applicable (it failed to tell the claimant about making the request and its nature)?

Question 5:

In the case of a work related gradual process claim; would it be a breach of the patient's/claimant's privacy rights (provided in various instruments of law) if the ACC sent an old/outdated blank ACC271 form to the patient's/claimant's doctor without complying with the provision of sub-section 57(3)(b) of the Accident Compensation Act (with Section 57 of the Accident Compensation Act applying to work related gradual process claims), with a request for the doctor who had completed the ACC45 form) to complete and return the aforementioned form to the ACC, and when the wording across the top of the aforementioned form clearly states; "xxx (patient's/claimant's name) has authorised ACC to collect information needed to determine cover for their injury, by completing the Patient Declaration on the ACC45 ACC Injury Claim Form", but where the ACC45 form was completed and submitted by the patient's/claimant's doctor electronically not manually, and in a situation where the patient/claimant wa s not shown the original or a copy, or given a copy, of the ACC45 form completed by the patient's/claimant's doctor, the patient did not sign the ACC45 form, and the patient's/claimant's doctor has also not discussed any 'patient authority and consent' to obtain or release the patient's/claimant's private health information?

Question 6:

What other section/s of the Accident Compensation Act, if any, authorises the ACC to obtain medical and other records from any other party/ies that are or may be relevant to an ACC claim?

Question 7:

What section of the Accident Compensation Act, if any, authorises the ACC to obtain medical and other records from any other party/ies that are or may be relevant to an ACC claim, where an ACC45 form was completed and submitted by a patient's/claimant's doctor electronically, and in a situation where the patient/claimant was not shown the original or a copy, or given a copy, of the ACC45 form completed by the patient's/claimant's doctor, the patient did not sign the ACC45 form and the patient's/claimant's doctor did not discuss or mention any issue to do with the patient/claimant related to 'patient authority and consent' to obtain or release the patient's/claimant's private health information?

Yours faithfully,

Lee M.

-------------------------------------------------------------------

This is an OIA request done via the FYI website.

Please do not send progress updates as PDF files.

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.

-------------------------------------------------------------------

Disclaimer:

"This message and any attachments may contain confidential and privileged information.
If you believe you have received this email in error, please advise us immediately by
return email or telephone and then delete this email together with all attachments.
If you are not the intended recipient, you are not authorised to use or copy this message
or any attachments or disclose the contents to any other person."

hide quoted sections