§ 31 — Health information

31.—(1) Where the Minister certifies, under the Minister’s hand, that an authorised person requires confidential information relating to the disability of a person (called in this section a data subject) which is in the possession of a healthcare institution or a healthcare practitioner who attended to the data subject in order to —(a)

assess the eligibility of the data subject to be covered under the CSHL Scheme or ESH Scheme; or

(b)

assess a claim for benefits under the CSHL Scheme or ESH Scheme by or for the data subject,

the authorised person may request that healthcare institution or healthcare practitioner to provide so much of the confidential information to the authorised person as the authorised person needs for that purpose.

(2) Where any confidential information about a data subject has been obtained under subsection (1), the authorised person may —(a)

access or use, or disclose to another authorised person, such confidential information for the purposes certified by the Minister under subsection (1) or such other purposes relating to the provision of support for a person’s disability as may be prescribed;

(b)

with the approval of the Minister, disclose such confidential information to another authorised person for the administration or enforcement of a prescribed public scheme; or

(c)

disclose such confidential information to any public authority or other organisation or person, that is responsible for a prescribed public scheme (called in this subsection a recipient organisation) or any officer, employee or agent of the recipient organisation, for the recipient organisation to disburse, or facilitate the disbursement of, a grant, subsidy or benefit under the prescribed public scheme, only —(i)

in the form of a report derived from such confidential information stating whether any person satisfies the disability criteria for a grant, subsidy or benefit under a prescribed public scheme or any disability tier or category within the eligibility criteria (whether or not the report includes any information other than health information);

(ii)

at the request of the recipient organisation; and

(iii)

with the approval of the Minister.

(3) If a data subject opts out, in the manner determined by the Minister, from the provision of information about the data subject for the purposes of subsection (1)(a), an authorised person must not, from the time the authorised person is notified that the data subject has opted out, except with the data subject’s consent —(a)

request a healthcare institution or a healthcare practitioner to provide the information under subsection (1)(a); or

(b)

access or use any information obtained under subsection (1)(a).

(4) If a data subject opts out, in the manner determined by the Minister, from the provision of information about the data subject for a prescribed purpose mentioned in subsection (2)(a) or for the purposes of subsection (2)(b) or (c), an authorised person must not, from the time the authorised person is notified that the data subject has opted out, disclose the information under subsection (2)(a) for that prescribed purpose or the information under subsection (2)(b) or (c) (as the case may be), except with the data subject’s consent.

(5) In this Part, “authorised person” means a person authorised by the Minister to access, use or disclose information obtained under subsection (1) for the purposes described in subsection (1)(a) or (b) or (2)(a), (b) or (c).

—(1) Where the Minister certifies, under the Minister’s hand, that an authorised person requires confidential information relating to the disability of a person (called in this section a data subject) which is in the possession of a healthcare institution or a healthcare practitioner who attended to the data subject in order to —(a)

assess the eligibility of the data subject to be covered under the CSHL Scheme or ESH Scheme; or

(b)

assess a claim for benefits under the CSHL Scheme or ESH Scheme by or for the data subject,

the authorised person may request that healthcare institution or healthcare practitioner to provide so much of the confidential information to the authorised person as the authorised person needs for that purpose.

(2) Where any confidential information about a data subject has been obtained under subsection (1), the authorised person may —(a)

access or use, or disclose to another authorised person, such confidential information for the purposes certified by the Minister under subsection (1) or such other purposes relating to the provision of support for a person’s disability as may be prescribed;

(b)

with the approval of the Minister, disclose such confidential information to another authorised person for the administration or enforcement of a prescribed public scheme; or

(c)

disclose such confidential information to any public authority or other organisation or person, that is responsible for a prescribed public scheme (called in this subsection a recipient organisation) or any officer, employee or agent of the recipient organisation, for the recipient organisation to disburse, or facilitate the disbursement of, a grant, subsidy or benefit under the prescribed public scheme, only —(i)

in the form of a report derived from such confidential information stating whether any person satisfies the disability criteria for a grant, subsidy or benefit under a prescribed public scheme or any disability tier or category within the eligibility criteria (whether or not the report includes any information other than health information);

(ii)

at the request of the recipient organisation; and

(iii)

with the approval of the Minister.

(3) If a data subject opts out, in the manner determined by the Minister, from the provision of information about the data subject for the purposes of subsection (1)(a), an authorised person must not, from the time the authorised person is notified that the data subject has opted out, except with the data subject’s consent —(a)

request a healthcare institution or a healthcare practitioner to provide the information under subsection (1)(a); or

(b)

access or use any information obtained under subsection (1)(a).

(4) If a data subject opts out, in the manner determined by the Minister, from the provision of information about the data subject for a prescribed purpose mentioned in subsection (2)(a) or for the purposes of subsection (2)(b) or (c), an authorised person must not, from the time the authorised person is notified that the data subject has opted out, disclose the information under subsection (2)(a) for that prescribed purpose or the information under subsection (2)(b) or (c) (as the case may be), except with the data subject’s consent.

(5) In this Part, “authorised person” means a person authorised by the Minister to access, use or disclose information obtained under subsection (1) for the purposes described in subsection (1)(a) or (b) or (2)(a), (b) or (c).