15. Temporary suspension in the case of a serious risk to a healthcare recipient

(1) The System Operator must suspend access to a healthcare recipient’s My Health Record for all the healthcare recipient’s authorised representatives and nominated representatives if:

(a) an authorised representative of the healthcare recipient notifies the System Operator that continuing access to the healthcare recipient’s My Health Record by an authorised representative or nominated representative poses, or is likely to pose, a serious risk to an individual’s life, health or safety; and

(b) the System Operator is satisfied that suspending access would be likely to reduce the risk to the individual’s life, health or safety.

(2) The suspension of access under subrule (1) is to continue until the earlier of the following:

(a) 30 days from the date on which access was suspended under subrule (1);

(b) the day on which the System Operator is notified in writing by the authorised representative who lodged the notification in paragraph (1)(a) that there is no longer a risk to the individual’s life, health or safety.

Note 1: A decision to suspend access under rule 15 would not prevent a decision being made to suspend access under rule 14 if a claim about an authorised representative’s eligibility is notified to the System Operator under subrule 14(1) within the 30 day period. In such circumstances, access could, if necessary, continue to be suspended after the 30 day period specified in subrule 15(2) ends.

Note 2: A decision to suspend access under rule 14 would not prevent a decision being made under subsection 51(1) of the Act to cancel or suspend a healthcare recipient’s registration on request.