When someone applies to the Vaccine Damage Payment Scheme (VDPS), they give us consent to request medical records from the healthcare providers listed on their claim form.
Under data protection law and the Access to Health Records Act 1990, an individual may ask a third party to make a request for medical records on their behalf. The legislation means we’re legally allowed to request medical records directly from you.
Claimants usually consent electronically, via the VDPS claim form. This is sufficient to enable us to request medical records from you. There is no legal requirement for a claimant to provide additional consent or a wet signature.
What this means for you
- We’ll request any medical records we need using a subject access request (SAR) or Access to Health Records request.
- We’ll usually request recent medical records and those covering the 10 years before the vaccine was given.
- By law, you must send these records to us within one calendar month.
- A medical assessor will use the medical records to assess the claim – an assessment cannot take place without the requested medical records from you.
This can be a very distressing time for those who have submitted a claim and any delay to receiving medical records can have a detrimental effect on their wellbeing. Quick responses from you help us to get decisions to people who have claimed as quickly as possible.
If you do not respond to our request for medical records
We have agreed with the DHSC and the Government of Jersey that if healthcare providers do not engage with us, we may contact the Information Commissioner’s Office (ICO) or the Jersey Office of the Information Commissioner.
How to send us medical records
You can send medical records to us by email, or via secure online portals such as Egress or MediData.
If you’re unable to supply the medical records electronically, you should send copies to the address listed on our request by secure post. Mark the envelope PRIVATE AND CONFIDENTIAL.
About the VDPS
The VDPS provides a one-off tax-free payment to successful applicants where, on very rare occasions and on the balance of probabilities, an eligible vaccine has been assessed to have caused severe disablement.
- The VDPS is not a compensation scheme.
- It is a no-fault scheme.
- A VDPS claim is not an allegation of negligent clinical care.
- A claim to the VDPS in relation to the administration of the vaccine (the act of vaccinating a patient) will not be considered eligible.
- A successful claim does not apportion blame to you as a healthcare provider or anyone else.