ACC principles in how a client's authority is used

Lee M. made this Official Information request to Accident Compensation Corporation

Response to this request is long overdue. By law Accident Compensation Corporation should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: Lee M.

Dear Accident Compensation Corporation,

https://www.fyi.org.nz/request/3340/resp...

1. In the abovementioned letter on page 5 in the third paragraph it is stated that ACC staff are guided by "principles in how we use a client's authority" including "returning or destroying records received and not asked for."

I am requesting that I be provided with a copy of the document that contains the aforementioned policy, guidelines or principles.

2. If the ACC were to receive personal health information not asked for - in other words "unsolicited" information - about a client in circumstances where that client had not given their consent or authority (by way of signature) to the ACC 45 claim form, would it be ACC policy to then refuse a request from the client for the "unsolicited" information to be returned to him/her?

3. In the abovementioned circumstances and where the ACC may have assured the client that the "unsolicited" information has not been used to asses the client's claim for cover, would it be ACC policy to add the "unsolicited" information to the client's claim and party file records in the ACC's EOS system which can then be read by Branch Medical Advisors, managers and staff of the ACC who give "opinions" and make decisions about claims for cover?

4. In the abovementioned circumstances, and where the client has complained to the ACC about the refusal to return the "unsolicited" information, would it be ACC policy to assure the client that it has removed/deleted the "unsolicited" information from the client's claim and party file records in the ACC's EOS system, only to subsequently advise the client that because the "unsolicited information" has been attached to correspondence it has to be retained as an "administrative record" for reasons that the ACC is subject to the Public Records Act 2005 and Health (Retention of Health Information) Regulations 1996?

5. In the abovementioned circumstances, and where the ACC may have advised Fairway Resolution Limited in writing that the "unsolicited" information will not be used in association with any of the client's claims, it has been removed from the claim file, and should not be used in any of the reviews, would it be ACC policy to subsequently tell the client that the ACC has changed its mind and not only has a Branch Medical Advisor been given access to the "unsolicited information" but has also given an "opinion" about same?

6. What can an ACC client do in similar circumstances as those described above to ensure that the ACC returns the "unsolicited" information to him/her?

7. What can an ACC client do in similar circumstances as those described above to ensure that all copies and references to the "unsolicited" information are removed/deleted from the client's claim and party file records, the ACC;s "administrative records", and the Branch Medical Advisor "opinions"?

Yours faithfully,

Lee M.

Link to this

From: Government Services
Accident Compensation Corporation


Attachment Acknowledgement for 19 Dec requests.pdf
340K Download View as HTML


Dear Lee M,

 

Please find the attached letter that relates to five of your requests made
to ACC on 19 December 2015.

 

Kind regards

 

Government Services

 

 

 

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."

Link to this

From: Government Services
Accident Compensation Corporation


Attachment FINAL Principles on authority reply 26 Jan.pdf
1.4M Download View as HTML


Dear Lee M

 

Please find attached ACC’s response to your request of 19 December 2015
concerning client consent and authority.

 

Kind regards

Government Services

 

 

 

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."

Link to this

From: Lee M.

Dear Government Services,

Thank you for replying, however, my requests have not been satisfied and I strongly disagree with grouping responses together and I believe that this tactic is being used by the ACC to avoid needing to answer my individual questions.

You have not answered question 2 and I am rephrasing it below:

Question 2 - part 1:
If the ACC were to receive personal health information about a claimant that it had not requested from the information provider, would the ACC refuse a request from the claimant asking for the "unsolicited" information to be returned to him/her?

Question 2 - part 2:
Does the ACC have a policy, procedure, guideline or rule that addresses the issue of the ACC receiving "unsolicited" information, and does that policy, procedure, guideline or rule instruct management and staff how to deal with the "unsolicited" information? If both or either of the aforementioned applies, please provide me with a copy the policy, procedure, guideline or rule.

Yours sincerely,

Lee M.

Link to this

From: Lee M.

Dear Government Services,

In addition to the reply already posted, and as a new, separate information request;

You have advised me that "ACC can collect information on individual clients for the purpose of managing their ACC claims". Please advise me what authority and/or consent allows the ACC to do legally do this?

Yours sincerely,

Lee M.

Link to this

From: Government Services
Accident Compensation Corporation

Dear Lee M

In response to your question directly below, please see sections 55 and 72 of the Accident Compensation Act 2001 as well as Information Privacy Principle 1 of the Privacy Act 1993 and Rule 1 of the Health Information Privacy Code 1994. They can be found at www.legislation.govt.nz.

Please note that your rephrased question 2 will be responded to separately.

Kind regards
Government Services

 

show quoted sections

Link to this

From: Government Services
Accident Compensation Corporation


Attachment FINAL Principles on authority reply to follow up request.pdf
276K Download View as HTML


Dear Lee M

 

Please find attached ACC’s response to your follow-up request of 27
January 2016. ACC considers that correspondence on this matter is now
closed.

 

Kind regards

Government Services

 

 

 

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."

Link to this

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