14. Suspension while investigating eligibility

(1) Until a decision is made under subrule (3), the System Operator must suspend access to a healthcare recipient’s My Health Record for all a healthcare recipient’s authorised representatives and nominated representatives if the System Operator is notified of a claim that an authorised representative is not eligible to be the healthcare recipient’s authorised representative.

(2) The notice in subrule (1) must be given in the approved form.

(3) If notified of a claim under this rule, the System Operator must investigate the claim and decide to:

(a) cancel access to the healthcare recipient’s My Health Record for a person if the System Operator is no longer satisfied that the person is eligible to be the healthcare recipient’s authorised representative; or

(b) restore access to the healthcare recipient’s My Health Record for a person if the System Operator is satisfied that the person remains eligible to be the healthcare recipient’s authorised representative.

(4) If the System Operator cancels access to a healthcare recipient’s My Health Record for a person (the first person) under paragraph (3)(a), the System Operator must also cancel access to the healthcare recipient’s My Health Record for the nominated representatives (if any) that were nominated by the first person.

Note 1: A decision about whether a person is or is not the authorised representative of a healthcare recipient is made by the System Operator under section 6 of the Act. Paragraph 97(1)(a) of the Act gives a right of review in relation to such decisions.

Note 2: Where access to a healthcare recipient’s My Health Record is cancelled for a nominated representative under subrule (4), any remaining authorised representative may agree with a person that that person is to be a nominated representative for the healthcare recipient.