You are entitled to it
Plus Magazine asked 1,690 people about their experiences with their GP in the past 2 years. Some patients encountered difficulties accessing their medical records. What exactly are you entitled to? And what if an authority wants to view your medical file?
Everyone aged 12 and older has the right to view their own medical file. Without the supervision of the doctor. You also have the right to take a copy home with you. This is laid down in Article 456 of the Medical Treatment Agreement Act (WGBO).
Problems with medical record
One in twenty people over 50 who participated in the Plus study requested their medical file in the past 2 years to view it and/or get a copy of it. Of them, 12 percent experienced problems with this request; they only got the file after much insistence, only part of it or nothing at all.
It also appears that 8 percent of the respondents would have liked to see the medical file, but did not know that this was possible. Of the over-50s who have viewed and checked their medical file, 24 percent say that the contents are incorrect. The file was incomplete, incorrect or both incomplete and incorrect.
Is the information in your medical file incorrect or missing data? Tell your doctor, ask when it will be corrected and check it. You have the right to have factual inaccuracies corrected. This right is included in the Personal Data Protection Act (Wbp). What is not allowed is to change a diagnosis. If you do not agree with the diagnosis made, you do have the right to have a statement included.
Other agencies
What if an agency wants to see your medical file? Health insurers, municipalities, occupational health and safety services, benefit agencies such as the UWV: authorities increasingly request access to patients’ medical records. Most over 50s
(64 percent) find it annoying when an authority wants to, according to the Plus study. “My medical file contains things from the past that are incriminating and have nothing to do with the present. I am afraid that they will then use it to fire me,” says one participant in the study. Another: “My data is nobody’s business except my doctor and I. If they want to know something, they can ask me.”
Do you have to hand over the file if an authority such as the municipality or the UWV asks for it? 18 percent of over-50s think so. But no: that ‘should’ never be. You have the right to refuse such a request. Municipalities, insurers, benefits agencies and other bodies may only ask specific written questions about your file to a general practitioner. The GP is only allowed to answer if you give permission to do so. Being open can be a good idea, for example if you need domestic help because of your health and the medical data support this.
Who can share the data?
About 11.2 million Dutch people have given their general practitioner and/or pharmacy permission to share their medical data. This is done via the National Switch Point (LSP). The purpose of this is that other healthcare providers can treat you safely and properly – also in the event of an emergency, in the evenings and at weekends. Otherwise, an acting physician may not know that you are allergic to certain medications.
If you give permission, the following healthcare providers can view your medical data: (acting) general practitioners, out-of-hours GP services, (hospital) pharmacists, and medical specialists in their own region. They may only view your medical file if it is necessary for your treatment and if they need the information for proper care. Physiotherapists and psychologists cannot view your medical file.
Tips if you are not allowed to view your file:
- Point out the law: If your GP refuses access, point out the Medical Treatment Agreement Act (WGBO).
- Climb into the pen: Put your request on paper and emphasize the right of access.
- Submit a complaint: Every general practice is obliged to have an independent complaints officer. The doctor or assistant can tell you who this is. Make it clear that you are going to this complaints officer.
- Higher up: Still unsuccessful, you can submit a written complaint to a disputes body. Since 1 January 2017, every healthcare provider must join a recognized dispute resolution body. The Foundation for Complaints and Disputes in Primary Care (SKGE) is the first recognized disputes body for general practitioners and pharmacists. The SKGE can call on the general practitioner to provide access. For more information, go to www.sgke.nl.
- In the brochure Access to your medical file on www.patientsfederation.nl you can read more about your rights as a patient.
Sources):
- Plus Magazine
