GDPR – information on patient rights

From May 25, 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/WE.

In light of the above, we would like to inform you that:

1. DATA ADMINISTRATOR:
Data Administrator:
NikaMed Monika Waligóra
Ul. Nowowiejska 6 lok. 9, 00-649 Warsaw
NIP: 9591348052, REGON: 389485533

2. PURPOSE OF DATA PROCESSING
Your personal data will be processed by the Data Administrator in order to:

• Providing a health service (including issuing a referral, prescription) – on the basis of applicable legal provisions;
• Implementation of patient’s rights (storing medical documentation, making it available, as well as fulfilling the information obligation) – on the basis of applicable legal provisions;
• Creating external individual medical documentation – on the basis of applicable legal provisions;
• Performing statistical surveys – on the basis of applicable legal provisions;
• Transfer of information to the State Sanitary and Epidemiological Station – on the basis of applicable legal provisions;
• Issue of a VAT invoice at your request – on the basis of applicable legal provisions;
• Contact by phone or e-mail regarding the visit – if you give your consent.

3. LEGALLY REASONABLE INTERESTS IMPLEMENTED BY THE ADMINISTRATOR
Your data may be used by us due to our legal interest in connection with sending, current promotions within the meaning of art. 10 sec. 1 of the Act of July 18, 2002 on the provision of electronic services.

4. INFORMATION ON THE RECIPIENTS OF PERSONAL DATA OR THE CATEGORIES OF RECIPIENTS, IF ANY
The recipients of the data processed by us are:

• Persons performing the medical profession, in order to protect health, provide and manage the provision of health services, maintain the ICT system in which medical documentation is processed;
• A person authorized by the patient during his lifetime or a person who was his legal representative at the time of the patient’s death;
• The entity providing health services, if this documentation is necessary to ensure the continuity of health services;
• Public authorities, including the Patient’s Rights Ombudsman, the National Health Fund, bodies of the self-government of medical professions;
• National and provincial consultants, to the extent necessary for these entities to perform their tasks, in particular supervision and control;
• The entities referred to in Art. 119 paragraph. 1 and 2 of the Act of 15 April 2011 on medical activities, to the extent necessary to carry out the inspection at the request of the minister responsible for health;
• Persons authorized by the entity referred to in Art. 121 of the Act of 15 April 2011 on medical activities, to persons practicing the medical profession, to the extent necessary to supervise a medical entity that is not an entrepreneur;
• The minister competent for health matters, courts, including disciplinary courts, prosecutor’s offices, a court doctor and a professional liability ombudsman, in connection with the proceedings;
• Authorized bodies and institutions under separate laws, if the audit was conducted at their request;
• Disability pension bodies and teams for adjudication of disability, in connection with the proceedings conducted by them;
• Entities maintaining registers of medical services, to the extent necessary to keep registers;
• Insurance companies, with the patient’s consent;
• Medical boards subordinate to the minister competent for internal affairs, military medical boards and medical boards of the Internal Security Agency or the Foreign Intelligence Agency, subordinate to the Heads of the competent agencies;
• Persons practicing the medical profession, in connection with conducting the assessment procedure of the entity providing health services on the basis of the provisions on accreditation in health care or the procedure of obtaining other quality certificates, to the extent necessary to carry them out;
• Voivodship committees for adjudication of medical events, within the scope of the conducted proceedings;
• Heirs in the scope of the proceedings conducted before the provincial commission for adjudication on medical events;
• Telephone contact. e-mail about the visit – if you give your consent.

LEGALLY JUSTIFIED INTERESTS PERFORMED BY THE ADMINISTRATOR
Your data may be used by us due to our legal interest in connection with sending, current promotions within the meaning of art. 10 sec. 1 of the Act of July 18, 2002 on the provision of electronic services.

Your personal data will be stored by us for the period of:

• Persons performing inspection activities pursuant to art. 39 sec. 1 of the Act of 28 April 2011 on the information system in health care, to the extent necessary to carry them out;
• Members of the hospital infection control teams, referred to in article 1. 14 of the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans (Journal of Laws of 2016, items 1866, 2003 and 2173), to the extent necessary to perform their tasks.
• The entities referred to in Art. 119 paragraph. 1 and 2 of the Act of 15 April 2011 on medical activities, to the extent necessary to carry out the inspection at the request of the minister responsible for health;
• Authorized employees of the Data Administrator;
• Accounting Office;
• Provider of medical record keeping software;
• IT specialist in order to maintain an ICT system in which medical documentation is processed;
• Processing entities on the basis of the concluded contract, in order to protect health, provide and manage the provision of health services, maintain the ICT system in which medical documentation is processed.

5. PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED AND WHEN THIS IS NOT POSSIBLE, THE CRITERIA FOR DETERMINING THIS PERIOD
Your personal data will be stored by us for the period of:

Data contained in medical records:

• 2 years from the end of the calendar year in which the referral was issued – if the health service was not provided due to the patient’s failure to report within the prescribed period, unless the patient received the referral;
• 5 years from the end of the calendar year in which the health service that is the subject of the referral or doctor’s order was provided – in the case of referrals for examinations or doctor’s orders,
• 10 years from the end of the calendar year in which the photo was taken – in the case of x-rays stored outside the patient’s medical documentation;
• 20 years from the end of the calendar year in which the last entry was made;
• 22 years of age – in the case of medical documentation concerning children up to the age of 2,
• 30 years from the end of the calendar year in which the death occurred – in the case of the patient’s death as a result of bodily injury or poisoning;
• 30 years from the end of the calendar year in which the last entry was made – in the case of medical records containing data necessary to monitor the fate of blood and its components, which is stored;
• Data contained in collective medical documentation – for a period of 20 years from the date of entry.
• Data contained in the Register of the provided medical documentation – for a period of 20 years from the date of entry.
• The data included in the VAT invoice – for a period of 5 years – in accordance with art. 112 of the Act on tax on goods and services, Journal of Laws 2017.1221 i.e. of 2017.06.24

6. DATA PROCESSED BY THE DATA ADMINISTRATOR
In connection with the provision of health services, it is necessary to provide the data necessary to establish medical documentation and provide a health service.

Mandatory personal data:
Pursuant to § 10 of the Regulation of the Minister of Health of 9 November 2015 on the types, scope and templates of medical documentation and the method of its processing (Journal of Laws 2015. 2069)

First name and last name

• PESEL
• date of birth
• Address
• Name and surname of the legal representative
• Legal representative’s residence address

Data processed voluntarily:

• Phone number
• E-mail adress

Failure to provide voluntary personal data during registration or at a later stage will prevent you from exercising your right to obtain medical documentation in electronic form, due to the inability to verify your identity.

7. RIGHTS OF THE PERSON WHO THE DATA CONCERNS

• Access to data;
• Rectification of data;
• Deletion of data – to the extent provided for in applicable legal provisions;
• Processing restrictions – to the extent provided for in applicable legal provisions;
• Object to processing;
• Data portability – to the extent provided for in applicable legal provisions;
• Withdrawal of consent to the processing of data on the basis of your consent previously issued, without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal;
• Submit a complaint to the supervisory authority – if you believe that the processing of data is carried out in a manner inconsistent with applicable regulations.

8. DATA PROCESSING THROUGH PROFILING
If you use health services financed from public funds, your personal data (PESEL number) will be processed by profiling. This means that on the day of the visit, the Data Administrator will check your entitlements to health services financed from public funds. Profiling takes place only on the basis of the provisions of the Act on health care services financed from public funds by the EWUŚ program.

Provision of medical records

NikaMed Centrum Zdrowia makes medical documentation available to the patient or his legal representative, or a person authorized by the patient, as well as entities, institutions and bodies specified in the Act of November 6, 2008 on patient rights and the Patient Ombudsman.

Medical documentation is made available:

• available for inspection at the seat of the entity providing health services;
• by drawing up its extracts, excerpts, copies or printouts;
  by issuing the original against an acknowledgment of receipt and subject to return after use, if an authorized body or entity requests the originals of this documentation to be made available;
• by means of electronic communication;
• on an IT data carrier.

NikaMed Centrum Zdrowia does not charge any fees for providing medical documentation.