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Posted By Craige
We currently have a problem with our occupational health provider and any advice is appreciated.
We have an on-site medical centre and the facility to store employee medical records.
A couple of years ago our Occ' Health nurse took early retirement and we decided to bring in a 'providing company' to carry out medicals on our behalf using our facilities. The new company come on-site 2 days per month and carry our scheduled medicals.
Unbeknown to us, the Occ' Health Nurse has been removing the medical notes (a handful every visit) and storing them in their office.
Now for the problem; One of our employees has put in an industrial disease claim and we have received a letter from his Solicitor including written and signed consent instructing us to release the relevant medical records. The written consent states "This request is made in persuant to the Data Protection Act 1998". Yep, you've guessed it, the employees records are not on-site and we can't get access. We have sent a copy of the letter to our Occ' Health providers and they have refused to send the notes until the original letter is sent. There will also be a £30 charge for copying the notes!
We have spoken to the company in question and they claim that medically trained personnel ONLY can access the notes.
Can’t H&S professionals copy the notes with written consent from the claimant or employee?
It seems wrong that the Occ' Health Company can remove the notes without our consent and then charge us for copies.
It's going to be expensive in the future if we have to pay £30 for copies of employees notes.
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Rank: Guest
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Posted By Ken Taylor
It seems to me that you will need to carefully read the contract that you have with the OH service provider. On the face of it, they have removed items belonging to the employer and should return them upon the request of the owner. Notes subsequently produced by them will be a different matter. In the event of non-cooperation, my inclination would be to approach your legal advisers.
Does this company want to have its contract renewed?
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Rank: Guest
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Posted By David Raymond
Craige,
Probably not of help in the short term, but if you need supply of Occ Health Nurse cover rather then using your provider then we have temp/contractors available.
This would give you back the benefit that they will be under contract to your company, so all records will be your property.
If you need any advice please give us a call, website www.keypeople.co.uk
Regards
David Raymond
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Posted By garry saunders
In the first place the notes are covered by legislation including Data Protection.
With the consent of the person who the Notes are on anyone can have access but the OH provider is right that they can charge for copying.
They are also correct that the management of the Notes has to be by a person who is OH qualified, a doctor or a nurse. You could commission such a person to use the Notes to report to you for this case. So long as they had the authority of the the employer, and the qualification, I see no reason for the OH Provider to refuse.
I would look at the contract and see what is said.
Given the OH provider is new the Notes are not their property unless they were tranfered by the service contract. A transfer could be inplicit to the contract but if not explicit it could be challenged. If unclear I would suggest to the OH provider that they may be guilty of theft as a result of Notes removal.
I would also have a chat with the contract manager and see what thier view is. Firstly I would suggest that this sort of obstructive behaviour could threaten the contract renewal. Secondly I would ask them to state how they are complying with the terms of the Data Protection Act. I would get on their case big time because you will suffer if they get it wrong.
Next I would look at the market to see what other providers there are.
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