SUMMARIES OF SELECTED STATEMENTS
The Danish Medical Association complained to the Ombudsman on, i.a., the
grounds that the decisions had been made public in conflict with the basic
assumptions of the Act on Appeals and Compensation in Health Care. The
Medical Association wanted the decisions removed from the websites.
The Ombudsman said that it was most regrettable that the Board did not publish the decisions immediately after they were made and that, according to information received, up to 1.5 years went by before the decisions were published
in at least some of the cases. The Ombudsman asked the Ministry of Health
for a statement on whether the Ministry – for the sake of clarifying the state of
law for citizens and law-applying authorities – would be prepared to change the
regulations on publishing decisions, etc. in complaint and monitoring cases in
the health care sector so that it is more explicitly stated that decisions must be
published immediately after they are made.
On the other hand, the Ombudsman could not criticise the authorities’ opinion
that the regulations’ requirement for a statutory publication period of 2 years
could not specifically be derogated from by the Board. Likewise, the Ombudsman had no grounds for assuming that in the situation at hand the Minister
might be obligated to grant an exemption from this claim in the regulations.
2014-7. PASSING ON ELECTRONIC MEDICINE INFORMATION
The Ombudsman received a complaint about the processing of a case by the
former National Agency for Patients’ Complaints. One of the issues of the complaint was that in the complainant’s opinion the National Agency for Patients’
Complaints should have collected some electronic medicine information from
the so-called Medicine Profile to be used in the processing of the case.
During the Ombudsman’s examination of the case it was disclosed that the
former National Agency for Patients’ Complaints, now the Disciplinary Board
of the National Health Service and the National Agency for Patients’ Rights
and Complaints, believed that there was no statutory basis for collecting the
electronic medical information for use in a patient complaint case. The Agency
argued that the Danish Health Act contained an exhaustive regulation of any
kind of passing on of electronic medicine information, and the National Agency for Patients’ Complaints was not mentioned in this connection.
The Ombudsman investigated this question.
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