Post-practice bankruptcies: Patients don’t have access to their data – that can be dangerous

“I have now received everything that is on paper,” says a patient from the canton of Thurgau. But she and her entire family are still waiting for their digital documents. These are research reports and expensive images that are important for further treatments.

The doctor knew nothing about intolerance

That had consequences. «A new doctor prescribed my husband a drug that he could not tolerate. “That would have emerged from digital medical history,” says the former Haehner customer. Her husband was doing well. In other cases, the consequences can be devastating.

The woman from Thurgau had tried everything to obtain the files. But their letters to former and new doctors at the practice, Drei Birken in Freidorf, and to the cantonal health department brought only one certainty: To this day, no one has access to the digital files of the former Haehner practice.

The canton only sent the patient media messages about the problems with the bankruptcy of the GP chain. And pointed out the legal responsibility of doctors.

The canton also does this with the observer. “The Department of Public Health has not been given access to the digital files. “It was particularly important for us to secure the physical files so that they were not stored incorrectly,” the Thurgau State Chancellery said.

No one has access to the digital patient files

Patients were informed that “the storage and publication of patient documentation remains the responsibility of the treating physician.” Anyone who registers a practice must therefore “provide a good solution for storing the files in a timely manner”.

But that’s exactly what didn’t happen. Neither the old nor the new doctors at the Haehner practices have access to the digital data anymore. The Thurgau patient is therefore disappointed by the inaction of the cantonal authorities. “As a supervisory authority for doctors, the canton should ensure that these files are accessible again.”

A look at other cantons shows that this is possible. In Lucerne, all digital files from former Haehner practices are now secured and accessible to patients and their doctors. The data is stored by a company specialized in archiving.

The effort required for this solution was significant. Paper was not the biggest problem in Lucerne either, although patient files were also thrown away on the street.

Images and other data cannot be found

On the contrary, for a long time it was unclear what was actually stored on the numerous computers and data storage devices in a practice. Where are the medical histories, where are the x-rays and other images? And how do you get this data?

“Each practice also worked with different software systems. We therefore had to engage IT experts from different manufacturers to enable access to the data,” says David Dürr, Head of Lucerne’s Health and Sports Department. Fortunately, the software companies cooperated immediately. In order for access to be legally clear – it concerns very personal medical data – the canton first had to create the legal basis with an order. A total of two months have passed from the closure of the practices to the new access to data for patients and their doctors.

The Canton of Zurich has also secured data storage media and physical files from former Haehner practices as a precaution. The practices involved are practices for which there was no succession plan. “We are currently in discussions with a company that will archive the data and release it to authorized parties in the future,” Zurich’s health department said.

Manage the patient files yourself

Haehner’s bankruptcy makes it clear how inadequate access to and protection of medical records is regulated. The problem is increasing as more and more medical chains take over former individual practices and general practitioners. Doctors are often no longer responsible for business operations. However, the responsibility for the patient files still lies with the treating physicians. The Canton of Zurich is now investigating legal adjustments to guarantee access to digital patient files. Uniform regulations could create more safety.

Patients who want to play it safe have only one option: they must manage their patient file themselves and have all new reports sent digitally or on paper.

Private individuals can open an electronic patient file (EPD) in which doctors can enter their reports themselves. But most physicians still refuse to work with EHRs. The medical association writes why: “Specific billing positions are absolutely necessary in the pricing system so that services can be billed under the EHR.” It’s about money.