Patient consent
As part of the Vaccine Damage Payment Scheme (VDPS) application process, claimants give us their consent to request medical records from the healthcare providers listed on their claim form.
Claimants usually consent electronically, via the VDPS claim form.
Under data protection law or the Access to Health Records Act 1990, this is sufficient to enable the NHSBSA to request copies of their medical records. There is no legal requirement for a claimant to provide additional consent or a wet signature.
Sharing medical records within 28 days
We are aware that requests for medical records may place an administrative burden on to you as a healthcare provider. However, the Department of Health and Social Care (DHSC) and the Government of Jersey ask that you respond to our request and supply copies of records within 28 days. This is because:
- we need full medical records from you so that an independent medical assessor can fully consider the claim
- a claim cannot progress to the independent medical assessment stage without a full set of medical records
This can be a very distressing time for claimants and any delay to receiving medical records can have a detrimental effect on their wellbeing.
We have agreed with the DHSC and the Government of Jersey that if healthcare providers do not engage with us within 28 days of issuing a request for medical records, we will submit a subject access request (SAR) on the claimant’s behalf.
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.