Human Resources Legislative Update
Ontario Introduces Electronic Personal Health Information Protection Bill
Date: May 30, 2013
On May 29, 2013, the Ontario government introduced Bill 78, Electronic Personal Health Information Protection Act, 2013. If passed, Bill 78 would amend certain statutes with respect to electronic health records. Such amendments would, among other things, add Part V.1, “Electronic Health Records” to the Personal Health Information Protection Act, 2004 (“PHIPA”) which includes:
- requiring the Minister to establish an advisory committee to make recommendations concerning electronic health records;
- requiring prescribed organizations to exercise certain functions and comply with specified requirements relating to the privacy and security of shared electronic health records;
- providing for a consent directive allowing an individual to withdraw or withhold his or her consent to collection, use and disclosure of his or her personal health information or to modify a previous directive;
- outlining when a health information custodian will be authorized to disclose personal health information despite a consent directive, e.g. where the disclosure relates to a significant risk of serious bodily harm to the individual and obtaining timely consent is not possible;
- specifying when a health information custodian may collect personal health information from an electronic health record; and
- increasing fines for offences and providing that the limitation period found in section 76 of the Provincial Offences Act does not apply to a prosecution under PHIPA.
