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Information on patient data protection (DPA)

As part of your treatment, you have consented to our policy on the processing of your personal data.

On this web page, the elements to which you consent are specified, completed and explained. If you have any further questions or comments, please do not hesitate to contact dpo[@]magellan.ch.

The consent form constitutes a contractual document relating to your medical treatment at the Centre Médical Magellan. In doing so, we comply with the legal requirements relating to the protection of your personal and medical data, as well as providing you with important information on how to exercise your data protection rights.

Your medical treatment may be provided, depending on the case, by doctors and/or healthcare professionals employed by the medical centre or by independent doctors and/or healthcare professionals who practice there under their own responsibility. There is thus a separate responsibility between the independent care providers and the medical centre.

The medical centre is the entity responsible for processing your personal data and in particular your health data.

Your data is processed (collected, recorded, used and stored) on the basis of the medical treatment contract and the legal requirements, in order to achieve the purpose of the medical treatment and fulfil the associated obligations.the data is collected by the healthcare provider in charge of your treatment and may thus be consulted, transmitted, received and processed by the other healthcare professionals involved in your treatment. We also receive data from other doctors and healthcare professionals currently or previously responsible for your treatment, where you have consented to this. Only data relating to your medical treatment is processed in your medical file, which includes the personal data on the patient form, such as personal information, contact details and insurance details, as well as, among other things, the information interview conducted as part of the medical treatment, the health data collected, such as medical histories, diagnoses, treatment proposals and results.

 

What is personal data?

Personal data is any information relating directly or indirectly to a specific or identifiable individual. Examples include your name, postal address, telephone number, AVS number, health insurance number, etc., but it may also include the elements that make up your medical file. The latter are classified as sensitive data, insofar as they are likely to provide information relating to your current or past state of health.

 

What types of personal data are collected and/or processed?

The healthcare professional you consult may collect and process the following data about you:

Identification data: surname, first name, date of birth, AVS number, etc. ;

Contact details: postal address, telephone number, e-mail address, etc. ;

Administrative, financial and health insurance data: data contained on or in your health insurance card, invoices, correspondence, bank details/CCP, diary entries, etc. ;

Health-related data: contents of medical file, medical history, prescribed treatments, family or genetic predispositions, results of medical analyses, X-rays, medical history report, medication prescriptions, etc. ;

Data relating to social assistance measures, insofar as this is necessary for the conclusion, execution or liquidation of the care mandate (any subsidies for care, particularly dental care), etc.

On what basis and for what purpose(s) are my personal data processed?

Conclusion or performance of the contract

Your data is collected and processed, first and foremost, to enable the healthcare professional you consult to conclude and/or fulfil the contract entered into with you; as a general rule, this is a care contract. The data is therefore used to provide you with care tailored to your state of health and your medical history, but also to invoice the corresponding services and recover any unpaid bills. Your data may also be processed for the purposes of communication with other healthcare professionals. For example, your doctor may receive your analysis results directly via the MediwayTM software.

 

Fulfilment of legal obligations

Your data may also be processed by virtue of a legal obligation. In particular, the law requires the healthcare professional you consult to keep a medical file on you, which will mainly consist of sensitive data (relating to your health). The law also requires certain data to be communicated to third parties (insurers). The law also sometimes requires healthcare professionals to declare proven cases of certain diseases. Only data processing required by law or to comply with a legal obligation is carried out for this purpose.

 

Overriding private interest of the data controller

Your data may be processed to enable the healthcare professional you consult to continue to provide you with quality services and to improve these services.

Your data may therefore be processed for purposes that do not relate to individuals, in particular as part of the planning, statistics or maintenance of IT and/or technical services and systems. Your data may also be stored and processed after the end of the care contract, to enable the healthcare professional you consult to defend his or her legal rights against you or third parties, to the extent strictly necessary for such defence.

 

Your medical records will be kept for 20 years after your last treatment. Once this period has elapsed, it will be securely destroyed, unless the patient or his or her family expressly request that it be kept beyond this legal period.

If, for a particular reason (inheritance), it is desired that the file be kept, an express request must be made to the medical centre.

Documents that you delete from your electronic patient record (EPR) are deleted exclusively from the EPR. We are obliged to keep complete patient documentation.

Your personal data, in particular medical data, will only be passed on to external third parties if this is authorised or required by law, or if you have consented to the data being passed on as part of your treatment (e.g. other doctors, hospitals, etc.).

This data is forwarded to your health insurance, accident insurance or invalidity insurance for the purposes of billing the benefits provided to you. The type of data transmitted depends on legal requirements.

This data is transmitted to cantonal and national authorities (e.g. cantonal medical service, health department, etc.) in accordance with legal reporting obligations.

 

There are potential risks associated with the exchange of sensitive personal data (possible consultation by unauthorised third parties if insecure communication tools are used).

The practice transmits patient information exclusively via secure communication channels. Administrative matters, such as rescheduling appointments, may be transmitted via unencrypted e-mail (from an @hin address to a recipient address such as @bluewin.ch, @gmail.com etc.).

We will only pass on your personal data, in particular medical data, to external third parties if this is authorised or required by law, or if you have consented to the data being passed on as part of your treatment.

  • This data is passed on to your health, accident or disability insurance company for the purpose of billing you for the benefits you have received. The type of data transmitted depends on legal requirements.
  • This data is forwarded to cantonal and national authorities (e.g. cantonal medical services, health departments, etc.) under legal reporting obligations.

Depending on your medical treatment and your corresponding consent, data may be transmitted on a case-by-case basis to other authorised recipients (e.g. laboratories, other doctors).

To whom may your personal data be transmitted?

Your data may be passed on to recipients required by law, to the extent necessary to comply with the relevant legal obligation. This includes insurers, but may also include public authorities such as the Cantonal Medical Office.

Your data may be transmitted to service providers hired by the healthcare professional you consult. These may include :

– providers of software, infrastructure and IT services, in some cases specialised (such as Logival SA) ;

– medical analysis service providers

– examination centres

– bill collection and/or recovery service providers (such as Caisse des Médecins);

– providers of other administrative services

– insurers;

– general practitioners and specialists

– pharmacists

– medical device suppliers;

– external consultants (in particular lawyers);

– other patient service providers, to the extent necessary to perform the contract or satisfy your request.

In particular, your data may be transmitted to service providers such as HIN and HCI. The use of HIN services enables secure electronic communication of your data to authorised recipients. HCI allows the use of electronic prescriptions. The use of these services may involve the communication of your personal data.

Subcontractors and other IT service providers do not, in principle, have access to your personal data, unless this is absolutely necessary for an exceptional maintenance operation, with the agreement and at the request only of the healthcare professional you are consulting.

We will only pass on your personal data, in particular medical data, between the various Magellan.ch SA establishments and the healthcare professionals working there, as well as to external service providers, if this is permitted or prescribed by law, or if you have consented to the passing on of this data using this form and/or in another way as part of your treatment.

Your data will be forwarded to your follow-up institution(s), such as your family doctor, home care or rehabilitation, or to your referring doctor.

Where indicated, your personal data may also be discussed, passed on and processed as part of quality circles (e.g. tumour boards, morbidity conferences, etc.) or for measures as part of your treatment (e.g. laboratory, radiology or chaplaincies).

All or part of this consent to the processing of your data may be revoked at any time. The revocation or request for modification of consent must be made in writing. Once we have received your written revocation and your data can no longer be processed on any legal basis other than consent, the processing of your data will cease.

The revocation does not affect the lawfulness of the data processing carried out up to the revocation.

Where your data is processed solely on the basis of your free and informed consent, you may withdraw your consent to such data processing at any time and without incurring any penalty. Please note that any processing already carried out at the time of withdrawal of your consent will not be affected by such withdrawal.

You have the right to obtain information about the personal data processed about you at any time. You may consult your medical file or request a copy, which may be subject to a charge. You will be informed in advance of any charges, which depend on the amount of work required to prepare the copy.

You have the right to be given, either to yourself or to a third party, the data that we process about you, in a commonly used and readable format. This applies in particular to the transmission of medical data to a health professional of your choice. All requests must be made in writing. You will receive a reply within 30 days.

You also have the right to have your patient record imported into your electronic patient record (EPR). This can only be done at your express request.

If you discover or consider that data processed concerning you is inaccurate or incomplete, you may request that it be rectified. If the accuracy or incompleteness of your data cannot be established, you may request that a rectification notice be affixed.

Contact and exercising your rights regarding the processing of personal data

If you have any questions about the processing of your personal data or wish to exercise your rights, please contact dpo[@]magellan.ch.

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