Health Transparency Act 2019

This Act may be cited as the Health Transparency Act 2019.

The following provisions commence on a day to be fixed by proclamation—

sections 3 to 6;

parts 2 to 5;

part 6, other than division 4, subdivisions 1 and 2;

schedules 1 and 2.

The purposes of this Act are—

to improve the transparency of the quality and safety of health services provided in Queensland; and

to help people make better-informed decisions about their health care.

The purposes of this Act are achieved by enabling the publication and collection of particular types of information about public sector health service facilities, private health facilities, State aged care facilities and private residential aged care facilities.

This Act binds all persons, including the State.

However, the State can not be prosecuted for an offence against this Act.

The dictionary in schedule 1 defines particular words used in this Act.

This Act applies to—

general information about—

public sector health service facilities; and

private health facilities; and

State aged care facilities; and

private residential aged care facilities; and

quality and safety information about—

public sector health service facilities; and

private health facilities; and

residential care information about—

State aged care facilities; and

private residential aged care facilities.

This Act applies to information mentioned in subsection (1) that is—

publicly available; or

given to the chief executive under or in relation to the administration of this Act; or

held by the chief executive as a result of obtaining or having access to the information, or information from which the information was derived—

under a service agreement under the Hospital and Health Boards Act 2011, section 35; or

under the Hospital and Health Boards Act 2011, section 138F or 138M; or

because of a report given under the Private Health Facilities Act 1999, section 144; or

under the Public Health Act 2005, section 217 or 218.

Subsection (2)(c) applies to information held by the chief executive on or after the commencement.

General information, about a public sector health service facility, private health facility, State aged care facility or private residential aged care facility, is—

information that identifies the facility, including, for example—

the name, address, phone number and website of the facility; and

whether the facility is a public sector health service facility, day hospital, private hospital, State aged care facility or private residential aged care facility; or

details of the health services provided at or by the facility; orExamples—

• types of clinical specialities provided at or by the facility

• maternity models of care provided at or by the facility

information about other services available at or near the facility that may help people who are admitted at the facility, attending an appointment at the facility or visiting the facility.

Examples—

• information about any carpark at or near the facility

• information about public transport to the facility

• information about interpreter services available at the facility

Quality and safety information, about a public sector health service facility or private health facility, is—

information about the facility’s accreditation and performance against the National Safety and Quality Health Service Standards; orNote—

The National Safety and Quality Health Service Standards are available on the Australian Commission on Safety and Quality in Health Care’s website.

any of the following information prescribed by regulation—

access to care information;

activity information;

patient outcome information;

process of care information;

other information relating to the quality and safety of health services provided at the facility.

In this section—

access to care information means information about the time frames in which health services are provided to patients at or by the facility, including, for example—

the percentage of patients treated within clinically recommended times at the facility; and

the number of patients waiting for a health service at the facility.

activity information means—

information about patients admitted to a facility, including, for example—

the number of patients admitted to and discharged from the facility; and

the reason for admission; and

the length of time spent in the facility; or

information about patients who are not admitted to a facility, but who receive a service at the facility, including, for example, the number of patients receiving care as an outpatient at the facility.

patient outcome information means information about—

the impact on patients of a health service provided at or by the facility, including, for example, the change in the health of a person, group of people or population that is wholly or partly attributable to the service; or

the effectiveness of a health service provided at or by the facility, including, for example, the extent to which a health service provided to a person at the facility achieved the best possible outcome for the person’s health.

process of care information means information about processes that are in place to support quality and safety of health services at the facility, including, for example, infection management processes at the facility.

Residential care information, about a State aged care facility or private residential aged care facility, is—

information prescribed by regulation about—

the personal care or nursing care provided to residents at the facility; or

the staffing for the personal care and nursing care provided to residents at the facility; and

information that explains, and helps in understanding, the information mentioned in paragraph (a).

In this section—

resident, at a State aged care facility or private residential aged care facility, means a person who is provided residential care at the facility.

The chief executive may publish information to which this Act applies.

The chief executive may not publish personal information under this part, other than personal information—

about an individual who takes part in the management of a public sector health service facility, private health facility, State aged care facility or private residential aged care facility; and

that has been made publicly available by the facility.

The chief executive may publish information under this part in any way that allows the information to be accessed by members of the public.Examples of ways of publication—

• information published on a website

• a report published on the department’s website

• a printed report available from the department