The National Health Service (Existing Liabilities Scheme for General Practice) (Wales) Regulations 2020 came into force on 6 April 2020. These regulations created a new state indemnity scheme for general practice in Wales called the Existing Liabilities Scheme for General Practice (ELSGP). The ELSGP is expected to begin applying to relevant MDDUS members on 30 June 2020.
The ELSGP relates to claims for compensation arising from the care, diagnosis and treatment of a patient by MDDUS members in connection with the provision of NHS primary medical services (and, in some circumstances, other ancillary NHS services provided by general practice) in Wales before 1 April 2019 (Applicable Claims).
When the ELSGP comes into force for the relevant MDDUS members, the scheme will be administered by NHS Wales Shared Services Partnership Legal and Risk Services (NWSSP L&R) on behalf of the Welsh Ministers. NWSSP L&R will assume responsibility for Applicable Claims. At the same time, MDDUS’ obligations in respect of Applicable Claims shall cease. NWSSP is a division of Velindre NHS Trust. NWSSP has been directed to administer the existing liabilities scheme for general practice in Wales pursuant to The Existing Liabilities Scheme for General Practice (Administration) (Wales) Directions 2020. You can find more information on what NWSSP L&R do here.
Therefore, to enable the effective and orderly migration of Applicable Claims and claims handling responsibilities to NWSSP L&R, MDDUS is required to provide NWSSP L&R with full details relating to any Applicable Claims. This shall include the transfer of data (including personal data) from MDDUS to NWSSP L&R.
Categories of personal data that may transfer from MDDUS to NWSSP L&R include: names of claimants; details of claims including injuries suffered; claimants’ ongoing condition; names of defendants (including details of the applicable MDDUS member(s)); details of claimant solicitors; and information relating to experts involved in claims.
MDDUS will retain a copy of the data transferred to NWSSP L&R in line with our retention policy. At MDDUS, we are committed to protecting and respecting your privacy. Any transfer of personal data as described above will be done through secure processes, including encrypted data transmissions. Please see our privacy notice (here) for further information.
To the extent that personal data is supplied by MDDUS to NWSSP L&R, this will be a ‘controller to controller’ transfer and, accordingly, Velindre NHS Trust (as the host organisation for NWSSP L&R) shall act as a data controller in its own right in relation to the transferred personal data. Please also see NWSSP L&R’s privacy notice (here) for further information as to how NWSSP L&R will manage the personal data we transfer.
If you have any questions regarding this or about our privacy practices, please contact us on the below details:
This page was correct at the time of publication. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.