Third party requests for medical records and Medical Imaging e.g. X-Rays

Solicitors/Insurance/medical companies acting on behalf of a patient may make an application for access to the patient’s records.

The Trust requires written consent from the patient dated within the last 6 months for the disclosure of copies of their notes.

In some circumstances, the Trust may contact the patient to clarify that they fully understand they will be consenting to the release of their health records to a third party.

Requests for information may be made by the:

• Department of Work and Pensions
• Veterans Department
• Criminal Injuries Compensation Authority

The Trust requires written consent from the patient to release copies of their notes.

• Alternatively i the patient  lacks capacity to make an application themselves, an application may be made on their behalf, this can be:
•  A named person with authority under a Personal Welfare Lasting Power of Attorney
• Court Appointed Deputy with specific personal welfare responsibilities
• an appointed Independent Mental Capacity Advocate

Information which will enable the third party to make a personal welfare decision on behalf of the patient when the patient is unable to do so or information which is required to enable consultation in the best interest of the patient. This will not necessarily include the all the records of the patient and will  be limited to the information necessary to meet the third party’s responsibilities under the Mental Capacity Act.

In order to ensure that patient confidentiality is upheld the Trust will require:

• Evidence of your authority to make personal welfare decisions or
• Evidence of IMCA appointment; as well asEvidence of identity
• The reason why information is being requested; and
• Exactly (if possible) what information is required

Section 29 form for requests for medical records should be sent directly to the Subject Access request team via email medwayft.sars@nhs.net . 

The Trust’s Dealing with Police Request SOP details the circumstances in which information from patients records can be given to the police.

Other healthcare organisations (NHS and private) may request copies of a patient’s record in order to provide continuity of care for that patient.

Request for records are now free of charge. However if the Trust believes your request to be manifestly unfounded or excessive there are two options available:

1. We can request a “reasonable fee” to deal with the request, which will be based on the administrative costs of complying with the request; or
2. We may refuse to deal with the request.

If we decide to charge a fee we will promptly notify you of the reasons why and the amount before completing the request. If we refuse to deal with your request, we will promptly notify you of the reasons why.

How long will it take?

The Trust must comply with its obligations under the GDPR promptly and within 1 month from the date of receive the request. Should further information or identification be required, we will write to you asking for this information within a few days of receiving the request. We ask for a timely response so your request can be processed within the required time scale. The Trust can extend the time to respond by a further two months if the request is complex or we have received a number of request from the same individual. Should we seek to extend the time to respond, we will notify you of the request to extend without undue delay and within one month of receiving the request and explain the reasons for the extension.

Please send your request to the following postal address or via email to:

Legal Services - SARs Team
Residence 15
Medway NHS Foundation Trust
Medway Maritime Hospital
Windmill Road
Gillingham
Kent
ME7 5NY  

medwayft.sars@nhs.net