Anthony Mennillo, Claims and Legal Services, MIGA discusses the recent spotlight on the use by Australia’s largest online health booking service, HealthEngine, of personal information it obtained from patients has created significant debate throughout the medical profession and broader community.
It has been alleged through the media that HealthEngine shared information with third parties, including personal injury lawyers, without patients realising this. Those third parties then made direct contact with patients marketing their products or services. Issues have been raised about whether this was within patient expectations and how it fits with privacy regimes.
HealthEngine has responded publicly stating that, while referral arrangements are in place with a range of industry partners, including Government, not for profit, medical research, private health insurance and other health providers, this is done so on an ‘opt-in’ basis. This involved a ‘pop-up form’ appearing as part of the booking process which allows a patient to complete their details and indicate their consent to share that information, following which a referral is made to a third-party provider. HealthEngine states that users are able to continue to use the booking services even if they do not provide their express consent to being contacted by a referral partner through the pop-up form.
Most recently HealthEngine advised that it was abandoning third party referrals and advertising business to restore trust with its users.
The Federal Government has asked the Office of the Australian Information Commissioner and the Australian Digital Health Agency to inquire into the use of personal information by HealthEngine, a move supported by the AMA.
Irrespective of whether consent has been obtained from an individual, the discovery of HealthEngine’s partnership with third parties and apparent disclosure of patient information to those parties has caused considerable disquiet amongst patients, medical practitioners and the community.
Whether that disquiet flows on to medical practices using HealthEngine remains to be seen.
There has already been criticism from some patients of medical practices that use HealthEngine for appointment bookings. Patients have enquired whether the medical practice has shared personal information with HealthEngine, or whether the practice was aware that HealthEngine was disclosing their personal information to third parties.
One consumer group felt it was the responsibility of “doctors who contract with HealthEngine to ensure patients are protected from unrelated business overtures”.
MIGA understands that, from the medical practice’s perspective, no patient information is shared by the medical practice with HealthEngine that has been disclosed to third parties. That would suggest that any privacy issues are for HealthEngine rather than the individual medical practice.
From a legal point of view, it appears that the medical practice has not committed any breach of patient privacy. However, it is important for practices to review their terms of agreement with any third party provider, including HealthEngine, to ascertain how patient information may be used by the third-party provider. If it is not clear from the agreement then, in MIGA’s view, it would be reasonable to enquire with the third-party provider how they intend to use the information they obtain from individuals.
If in the medical practice’s opinion, use of personal information by third parties is made without patient consent, or is otherwise concerning, the practice should review its relationship with that service.
There are medical practices that have stopped using the HealthEngine appointment booking service because of concerns the practice had about the use made by HealthEngine of patient information. It is not MIGA’s role to recommend such action, but we do recommend practices review their agreements with third party providers to ensure that patients’ privacy is safeguarded.
Trust takes years to build, seconds to break, and forever to repair” (unknown source)
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