Under the no-fault medical accident compensation scheme, which body may ask which institutions for data, and what purpose may that data serve?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the request for data sent by the medical dispute mediation and arbitration body, the letter naming each healthcare institution, health insurer, claims reviewer, local government or other body asked, and the papers showing what the data was to serve.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading reads the provision as giving only the medical dispute mediation and arbitration body the standing to act: it may request the provision of data necessary for the purposes the provision names, addressed to healthcare institutions, the national health insurer, the health insurance claims review body, local governments and other related agencies, which are the recipients, not the requesters.
Another reading notes that the purpose clause covers the calculation of costs incurred in the medical accident compensation business and the like, so the provision leaves open what further purposes a request may serve, and does not confine the power to cost calculation alone.
Your judgment
If an institution asked says the data is held by a body not named in the provision, how could the file show whether that body is a related agency?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to widen the purpose clause or add institutions to the list, or if a decision on this provision defines what counts as a related agency.