Key Benefits:
Arrangement of the Minister for Health, Welfare and Sport of 10 November 2015, attribute 865607-143589-MC, amending the Care Insurance Scheme in relation to the provision of the health care indicator to health insurers (Scheme) Delivery of care demand swordheavyto cGGZ
The Minister for Health, Welfare and Sport,
Having regard to the Articles 87 and 88 of the Zorginsurance Act ;
Having regard to the Scheme of care demand gravity (Stcrt.2013, no. 30961);
Considering the Temporary suspension of temporary suspension of care demand (Stcrt. 2015, 6779);
Whereas it is desirable to process personal data, including medical records, with respect to the provision of mental health services for the purposes of formal and material control and quality of care for health insurers and Care providers and for the purpose of the risk settlement implementation by the Zorginstitute Netherlands;
Whereas GGZ Nederland, the National Association of Free-established Psychologists and Psychotherapists (LVVP), the Dutch Society of Psychiatry (NVvP), the Netherlands Institute of Psychologists (NIP), the Terrestrial Platform GGZ, Health insurers the Netherlands and the Dutch Zorgauthority are able to realize a processing of the given health care system that minimes the personal privacy of the insured person;
Having regard to the opinion of the College protection personal data of 15 September 2015, attribute z2015 -00360;
Decision:
2 The health care provider is required the health care demand indicator, which is derived from source data that the healthcare provider has registered with regard to care on which it Fourth paragraph of Article 7.2 has been applied in the years 2014 or 2015, to deliver to the health insurer in the manner provided by the Netherlands Zorgauthority in a scheme based on the Health Organisation Act can determine.
1 The second member of Article 7.2 of the Conditions of Health Insurance , as that Article has stated before the entry into force of this Arrangement, applies to the given care weight of the insured person provided to a health care insurer on the basis of a declaration scheme as referred to in that paragraph.
2 The Members 3 to 5 of Article 7.2a and Article 7.2b shall apply mutatis mutandis where a health care provider inadvertently supplies the given health care demand through VECOZO before it is required to be delivered on the basis of the provisions of Article 7.2a.
This arrangement shall enter into force on 1 January 2016 and shall work as regards Article II, second paragraph , and Article III, first paragraph , back to and including January 1, 2014.
This arrangement is cited as: Scheme supply of care demand heavyweights cGGZ.
This arrangement shall be provided with the explanatory notes and the Annex placed in the State Official Gazette.
TheMinister
of Public Health, Welfare and Sport,E.I. Schippers
Dear Mrs Schippers,
By letter dated 17 July 2015, you asked the College Protection Personal Data (CBP) about an amendment to the Care Insurance Scheme in connection with the encrypted delivery of the health care demand indicator to health insurers. On the supply of health care demand data to health insurers, the CBP had already delivered its opinion on 4 September 2013 (z2013-00498). With this letter, the CBP complies with your request.
Main lines of the scheme
To the Health insurance scheme a three new articles will be added ( Articles 7.2a , 7.2b and 7.2c ). In Article 7.2a, it is settled that the health care provider, through VECOZO BV to the health insurer, provides the care provider with the declaration. VECOZO BV ensures the encryption of the given health care system before it is provided with the other declaration information to the health insurer. Also, VECOZO BV provides the declaration data and the encrypted healthcare demand heaviness to Vektis CV. For the purpose of making analyses for health care providers and health insurers, necessary for the performance of the care insurance or the Zorginsurance law and for the purpose of carrying out control or fraud investigation, Vektis CV of VECOZO BV also provides the key with which the given health care question can be unencrypted. Article 7.2c provides for an arrangement to be made in the event of a declaration to the care insurer without the intervention of VECOZO BV. Article 7.2b imposes on VECOZO BV and Vektis CV a number of obligations, inter alia, a duty to secure the personal data and confidentiality of such data.
Assessment
− Obligation for the care provider to deliver the given health care balance
In its opinion of 4 September 2013, CBP has already addressed the need for health insurers to be able to perform their tasks on personal data, including personal data relating to health, on insured persons who are the beneficiaries of personal data, and on the other hand of the personal data provider. Insured care-in this case, in the cGGZ-is declared by healthcare providers and/or by the insured person himself. In this context, the need to extend the obligation for healthcare providers in the CGGZ to provide personal data to the declaration was also recognised, with the given care demand heavyweights.
Under the present scheme, that obligation remains for the care provider, but it is provided in terms of the use of the health insurance provider's tasks, without in any way the provision of care requirements in the care provider's tasks. the person in a retractable form, needs to be made available to the health insurer.
The CPVO finds that this method of delivery and processing of the given care demand has been developed in consultation between all parties concerned (healthcare providers and health insurance companies) and is accepted/accepted by all parties concerned. In addition, the parties concerned observe this method of operation as a means of processing which thus minimes the personal privacy of the insured person.
The CPVO does not see any reason to supplement the comments already made in the opinion of 4 September 2013 on the need to require care providers to address the issue of care needs, having regard to Article 8 of the ECHR-to be underbuilt. to provide health insurers with an opportunity to carry out their tasks.
− Responsibilities and responsibilities of VECOZO BV and Vektis CV in the processing of the given health care system
The proposed provisions confer on both VECOZO BV and Vektis CV, with their powers and responsibilities, that the given health care question can be processed for the performance of tasks by health insurers, without any health insurers on that given in a person who is in the form of a person who is in a retractable form (need to). In particular, for Vektis CV, this applies to the processing of the given care demand heavte, which is not (more) based on health insurers themselves. Therefore-in any case as far as the processing of the given care demand is concerned-the processing of personal data by Vektis CV as an editorial for health insurer (-s) can no longer be discussed. For this processing, Vektis CV should therefore be regarded as ' responsible for the purposes of the Wbp '
The CBP recommends in the Note of the Commentary on this point one Wbp To take account of the corresponding, illuminating consideration.
− Material control by health insurers and the issue of care demand gravity
The Note of the Note notes that the proposed provisions do not rule out the fact that, in the context of material control, the health insurer (medical adviser to the health insurer) on the given health care demand is in a position to be retraceable to the person may take shape. The artt. 7.2a to 7.2c Rzv (i) the provision of care requirements to be included so as to make it possible to artt. 7.5 to 7.11 Rzv on the implementation of material control by health insurers. CBP points out, for the record, that carrying out retail checks by health insurers in the context of physical supervision is subject to strict conditions. Thus, the request of the given care demand heaviness in the person's identifiable form in the context of materiality in the cGGZ should be the greatest possible restraint.
CBP recommends further tightening up the relevant passages in the Note of the Commentary in this sense.
− Privacy statement and the given health care balance
The MvT states that with effect from 2017 there would be no technical necessity to apply the NZa ' s privacy statement scheme yet to the given health care requirement that should be declared with the declaration. to be delivered.
The CPVO recommends that some of these things be underdeveloped in the explanatory memorandum of the Commentary, although it is true that there is no longer-in the form of a retraceable form to the individual-to address the issue of care requirements in the care insurers, but this: given in a retractable form from other 'third parties'. The CPVO therefore recommends paying particular attention to the question of whether the protection of the privacy of cGGZ patients in which the privacy statement is intended relates exclusively to the processing of the privacy of CGGZ patients. care insurers or are also to be covered by any other 'third parties' to the processing industry.
Opinion
The CBP advises you to pay appropriate attention to the foregoing.
