Bupa - right to get access to your records or not ?

Somerset

My niece has been in receipt of phi benefit- both the phi and healthcare elements are bupa. A year ago she had a course of treatment at the local nuffield hospital (funded by bupa healthcare). There was an initial consultation (report??) and during the treatment bupa would periodically request a report from the hospital regarding treatment/progress etc.

For reasons I won't go into, she needs copies of those reports. Now I appreciate, bupa paid for the treatment hence the reports are theirs. And I appreciate the hospital cannot give her bupa's property ie the reports (without bupa's consent) - but has she the right to demand them? I don't mean in the sense of stroppiness, just if she phones them to make the request, can they refuse? As a parallel, she's requested some reports that were part of her medical file held by the G.P. and had to pay a fee ie the legislation allows a patient to access their own information. I just don't know if the same (or different) legislation allows a patient the same 'right' if it was paid for by a private healthcare provider - does anyone know ?

property.advert

Years ago I was requested by insurers (I was suing someone) to go for a consultation. I could not refuse and win my case but it was made a stipulation that the report be released to my legal team at the same time as it was released to the people who paid for it.

huckster

Yes she has the right to a copy of the reports. Surely under data protection, she can submit a subject access request paying £10 for a copy of all records Bupa hold on her. And I suspect there is specific legislation or rights under her Bupa contract, which allow her to be able to get hold of her records.

I can't see then refusing the request. Why would they.

Somerset

huckster wrote: »

Yes she has the right to a copy of the reports. Surely under data protection, she can submit a subject access request paying £10 for a copy of all records Bupa hold on her. And I suspect there is specific legislation or rights under her Bupa contract, which allow her to be able to get hold of her records.

I can't see then refusing the request. Why would they.

I didn't think they could withhold medical records/reports about her, but hoped someone might know the relevant legislation to quote. She's not very confident and it's entirely possible that she gets to speak to someone who doesn't know at the bupa end, or flat out says ''no''. I'm trying to give her confidence that she has the 'right' to these records and thought if someone could tell me whether it's under the DPA or something else she's be a little surer of her position.

Huckster - all reports have already been requested from bupa and these reports weren't amongst them. I believe simply because a different 'arm' of bupa was dealing with them ie healthcare vs phi. It's a big company and the left hand doesn't seem to know what the right hand is doing. A SAR is a possibility but speed is of the essence - if she could get them via a phone call it would be helpful.

huckster

The Access to
Medical Reports Act 1988
( Have a read of the link which confirms the details, There must be a department that deals with these. )
http://www.opsi.gov.uk/acts/acts1988/ukpga_19880028_en_1

Subject access request under Data Protection can take up to 40 days, so may not be the appropriate way forward. I would think the about act is the way to gain urgent access.

This is the Bupa Data pro address

BUPA Group Information Protection Manager, at BUPA
House, 15 - 19 Bloomsbury Way, London WC1A 2BA or at
Data Protection@BUPA.com

Somerset

Will let you know how she gets on next week. Thanks all.

Somerset

Just thought I'd give an update. She got them - it took a week's worth of ringing every day, but finally success.