L.S. 528.11 Regolamenti dwar l-Aċċess għad-Data (Eżenzjoni mill-Ħlas ta’ Drittijiet għall-Kura tas-Saħħa)

(1)The title of these regulations is the Access to Data (Exemption from the Payment of Health Care Fees) Regulations. Citation and scope.

(2)The scope of these regulations is to establish the legislative basis for access to data by the Health Care Funding Directorate to establish whether the data subject is exempt from payment of healthcare fees. 2. requires: In these regulations, unless the context otherwise Interpretation. "applicant" means a person who accesses healthcare services; "Directorate" means the Health Care Funding Directorate within the Department for Policy in Health within the Ministry for Health; "urgent necessary care" means benefits in kind which become necessary on medical grounds. 3. The functions of the Directorate shall include: (

1. a)the processing of entitlement documents in accordance with Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems; (
2. b)ensuring that citizens entitled for healthcare in Malta are covered for urgent necessary care whilst on a temporary stay in another European Union Member State; (
3. c)ensuring the right for planned health care in another European Union Member State in accordance with Regulation (EC) No 883/2004 and Implementing Regulation (EC) No 987/2009; (
4. d)the implementation of Regulation (EC) No 883/ 2004 of the European Parliament and of the Council of 29 April Controller and his functions. 2 [ S.L. 528.11 ACCESS TO DATA (EXEMPTION FROM THE PAYMENT OF HEALTH CARE FEES) 2004 on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, including: (
5. i)ensuring healthcare entitlement for pensioners from a European Union Member State who transfer their residence to Malta or citizens receiving a Maltese pension who transfer their residence to another European Union Member State; (
6. ii)reporting as required in accordance with European Union legislation and Maltese legislation; (iii) processing and issuing of claims for health care services provided by Maltese public hospitals to European Union or EEA citizens; (
7. e)preparation of all necessary documentation for the provision of healthcare coverage to workers insured in Malta and posted in another European Union Member State or European Union workers posted in Malta; (
8. f)the management of queries related to entitlement of healthcare services in other European Union Member States or in Malta; (
9. g)the verification of payment claims for health care services or health care expenses incurred outside Malta provided by other EU or EEA Member States to citizens covered for health care in Malta. Data protection. Cap. 586. 4.

(1)Nothing in these regulations shall prejudice in any way the applicability of Regulation No 2016/679 and the Data Protection Act and the fundamental rights and freedoms of the applicants.

(2)The Directorate, while acting in its capacity of a controller in accordance with Article 4

(7)of Regulation No 2016/679, shall perform the relevant data processing operations that are strictly necessary for establishing whether the applicant is entitled to an exemption from payment of health care fees, as may be established by law, from time to time.

(3)The personal data processed by the Directorate shall be processed in compliance with the principles relating to processing of personal data in accordance with Article 5 of Regulation No 2016/679. ACCESS TO DATA (EXEMPTION FROM THE PAYMENT OF HEALTH CARE FEES) [ S.L. 528.11 5.

(1)In the performance of its functions, the Directorate shall be entitled to request and, or receive from the entities listed in the Schedule, personal data pertaining to the applicant, which is limited to the extent needed for the purposes of these regulations, and to what is necessary and proportionate to the objectives pursued by the Directorate: Personal data processed by other entities. Provided that the Minister may by regulations, after consultation with the Information and Data Protection Commissioner, amend the Schedule.

(2)When the personal data transferred by the entities listed in the Schedule, includes data other than that required for the purposes of these regulations, the Directorate shall delete this data immediately and permanently upon receipt of said data.

(3)The personal data processed by the Directorate, including the results obtained from the other entities, shall not be further processed in a manner that is incompatible with the purposes of these regulations. 6.

(1)As a result of the processing operations undertaken by the Directorate for the purposes of these regulations, the Directorate shall communicate the findings as to whether the applicant is entitled to an exemption from payment from healthcare fees, or otherwise, to the healthcare service provider or the applicant, as the case may be. Findings.

(2)The Directorate shall not retain the findings as to whether the applicant is entitled to an exemption from payment from healthcare fees or otherwise. 7.

(1)The Directorate shall take into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of the concerned applicants, both at the time of the determination of the means for processing and at the time of the processing itself, and it shall implement appropriate technical and organisational measures, in an effective manner and to integrate the necessary safeguards into the processing, and this in order to protect the rights of the concerned individuals and to ensure a level of security appropriate to the risk.

(2)The data protection officer appointed by the Directorate in accordance with Article 37 of Regulation No 2016/679 shall be involved and consulted in a timely manner on all issues in relation to the protection of personal data processed for the purposes of these regulations.

(3)For the purpose of ensuring and to be able to demonstrate that the processing of data is performed in accordance with Regulation No 2016/679, the Directorate shall implement the appropriate data 3 Appropriate safeguards. 4 ACCESS TO DATA (EXEMPTION FROM THE PAYMENT OF HEALTH CARE FEES) [ S.L. 528.11 protection policies, which policies shall be periodically reviewed and updated where necessary. Protection of personal data. Cap.

2. In respect of all processing of personal data in accordance with these regulations, every applicant shall have the right of access, rectification, erasure and restriction, including the right to file a complaint with the Information and Data Protection Commissioner, the right to compensation and judicial action as laid down in the Data Protection Act and Regulation No 2016/
3. Schedule (Regulation 5)
4. Jobsplus
5. Identity Malta Agency
6. International Protection Agency