Regulation - LGIC
Extension of Temporary Regulation which establishes subsections 18(11) and (12) of O. Reg. 329/04 (General) under the Personal Health Information Protection Act, 2004 (PHIPA)
Regulation Number(s):
329/04
Instrument Type:
Regulation - LGIC
Bill or Act:
Personal Health Information Protection Act
Summary of Decision:
The extension of the temporary regulation to July 31, 2024, allows the Ministry of Health to continue to require the Institute for Clinical Evaluative Sciences and Ontario Health to disclose to the Ministry the personal health information necessary to operate the Ontario Health Data Platform, where the Ministry has determined that such disclosure is necessary for the purpose of responding to the COVID-19 pandemic.
Analysis of Regulatory Impact:
On April 7, 2020, the Ministry of Health received approval to proceed in 2020-21 to immediately establish the OHDP.
Key OHDP infrastructure components will remain post-emergency as a government-sponsored research platform-for which the Ministry will seek, at a later time, the appropriate authorities to collect, use, and disclose the data post-emergency.
The proposed regulatory amendments have no additional costs to or burdens on the public. OH and ICES will be impacted as the organizations permitted to disclose the PHI at the request of the Minister.
Key OHDP infrastructure components will remain post-emergency as a government-sponsored research platform-for which the Ministry will seek, at a later time, the appropriate authorities to collect, use, and disclose the data post-emergency.
The proposed regulatory amendments have no additional costs to or burdens on the public. OH and ICES will be impacted as the organizations permitted to disclose the PHI at the request of the Minister.
Further Information:
Regulation
Proposal Number:
22-HLTC008
Posting Date:
February 4, 2022
Summary of Proposal:
The extension to the amending regulation would require the Institute for Clinical Evaluative Sciences (ICES) and Ontario Health (OH) to continue to disclose personal health information (PHI) to MOH, at the request of the Minister of Health, and for the purpose of responding to the COVID-19 pandemic, until July 31, 2024. This regulation is needed to continue the operation of the Ontario Health Data Platform (OHDP) under the current subsections 18(11) and (12) of O. Reg. 329/04, which came into force on July 30, 2020 and will otherwise be revoked on July 30, 2022.
Prior to July 30, 2020, Ontario did not have an easily accessible, centralized dataset repository with the capacity required for high performance computing and fine-grained analysis. Since July 30, 2020, ICES and OH (prescribed entities or PEs under PHIPA) have been able to disclose PHI to the MOH where the disclosure is necessary for the purposes of researching, analyzing, investigating, preventing, responding to, or alleviating COVID-19 and its effects. Extending to July 31, 2024 the provision for this type of disclosure of PHI by ICES and OH, as well as the subsequent collection of PHI by the MOH into the OHDP, would assist in the prevention, response to, and alleviation of the ongoing COVID-19 pandemic.
In the absence of an extension of the current Temporary Regulation under PHIPA, the MOH would no longer have the regulatory authority to require ICES and OH to disclose PHI for the purposes of researching, analyzing, investigating, preventing, responding to, or alleviating COVID-19 and its effects.
The OHDP centralized repository of authoritative data allows for better modelling by using information that is standardized, anonymized, appropriately linked, and will be made available for analytics and research. The information is used to conduct conventional and machine learning analyses in order to quickly generate insights into improving Ontario response to COVID-19.
Prior to July 30, 2020, Ontario did not have an easily accessible, centralized dataset repository with the capacity required for high performance computing and fine-grained analysis. Since July 30, 2020, ICES and OH (prescribed entities or PEs under PHIPA) have been able to disclose PHI to the MOH where the disclosure is necessary for the purposes of researching, analyzing, investigating, preventing, responding to, or alleviating COVID-19 and its effects. Extending to July 31, 2024 the provision for this type of disclosure of PHI by ICES and OH, as well as the subsequent collection of PHI by the MOH into the OHDP, would assist in the prevention, response to, and alleviation of the ongoing COVID-19 pandemic.
In the absence of an extension of the current Temporary Regulation under PHIPA, the MOH would no longer have the regulatory authority to require ICES and OH to disclose PHI for the purposes of researching, analyzing, investigating, preventing, responding to, or alleviating COVID-19 and its effects.
The OHDP centralized repository of authoritative data allows for better modelling by using information that is standardized, anonymized, appropriately linked, and will be made available for analytics and research. The information is used to conduct conventional and machine learning analyses in order to quickly generate insights into improving Ontario response to COVID-19.
Contact Address:
Christine Sham, Director
Information Management Strategy and Policy Branch
Digital Health Division
Ministry of Health
1075 Bay St., 13th floor
Toronto, ON M5S 2B1
Email: healthprivacy.moh@ontario.ca
Information Management Strategy and Policy Branch
Digital Health Division
Ministry of Health
1075 Bay St., 13th floor
Toronto, ON M5S 2B1
Email: healthprivacy.moh@ontario.ca
Effective Date:
April 22, 2022
Decision:
Approved