Act
Proposed legislative amendment to the Personal Health Information and Protection Act, 2004 (PHIPA) - Prescribed Electronic Formats, included in the Pandemic and Emergency Preparedness Act, 2022
Regulation Number(s):
n/a
Instrument Type:
Act
Bill or Act:
Pandemic and Emergency Preparedness Act, 2022
Summary of Decision:
The proposed amendments to the Personal Health Information and Protection Act, 2004 (PHIPA) came into force when the Pandemic and Emergency Preparedness Act, 2022, received Royal Assent on April 14, 2022.
For greater clarity, certainty and transparency in the regulation making process, further public consultations may be required prior to any regulatory changes.
For greater clarity, certainty and transparency in the regulation making process, further public consultations may be required prior to any regulatory changes.
Analysis of Regulatory Impact:
This legislative amendment would positively impact Ontarians as it would provide consistency and predictability on the electronic format of their PHI requested from health information custodians (HICs). There are no anticipated costs or burden for Ontarians. HICs in and out of OHTs would also be well-served by this legislative change as it would provide guidance on the specific format to be produced when fulfilling access requests from individuals. Furthermore, digital health vendors would be provided with clear direction and requirements to build and update their digital health products that would hold and export PHI.
There are no anticipated costs to HICs in relation to this legislative change. Accelerating access to electronic health records would have clear clinical benefits, especially for those with chronic health conditions, noting in particular a strong evidence base that demonstrates that providing patients access to electronic health records improves health outcomes, in particular for individuals with chronic diseases (e.g. diabetes). There would also be no anticipated costs or burdens for the businesses, Not-for profit or the broader public sector, or the government.
In light of anticipated capacity challenges exacerbated the by pandemic, this legislative amendment could better enable virtual care options that allow patients to better manage their own health.
Furthermore, OH is best suited to establish these standards through its technical expertise and current operations. This includes operating the provincial electronic health record and implementation of initiatives such as the Digital Health Information Exchange program.
There are no anticipated costs to HICs in relation to this legislative change. Accelerating access to electronic health records would have clear clinical benefits, especially for those with chronic health conditions, noting in particular a strong evidence base that demonstrates that providing patients access to electronic health records improves health outcomes, in particular for individuals with chronic diseases (e.g. diabetes). There would also be no anticipated costs or burdens for the businesses, Not-for profit or the broader public sector, or the government.
In light of anticipated capacity challenges exacerbated the by pandemic, this legislative amendment could better enable virtual care options that allow patients to better manage their own health.
Furthermore, OH is best suited to establish these standards through its technical expertise and current operations. This includes operating the provincial electronic health record and implementation of initiatives such as the Digital Health Information Exchange program.
Further Information:
Bill 106, Pandemic and Emergency Preparedness Act, 2022
Proposal Number:
22-HLTC015
Posting Date:
March 29, 2022
Summary of Proposal:
In 2020, as part of PHIPA modernization, section 52 was amended to include a new subsection 52(1.1) to ensure that patients and caregivers are able to access their personal health information in an electronic format that meets the prescribed requirements. During the stakeholder consultation process to develop regulations to set a prescribed requirement, stakeholders recommended a flexible approach to setting standards to better reflect provincial interoperability standards and the evolving digital health landscape.
Ontario Health (OH), as the provincial body responsible for interoperability and digital health standards, would be best positioned to lead the development of these prescribed electronic standards. Currently, PHIPA does not authorize OH to set the electronic formats in which patients may access their personal health information.
This legislative amendment would expand the regulation-making power to authorize OH to set the standards to ensure that patients have electronic access to their health records, especially during a time when health care providers are experiencing capacity challenges as a result of an anticipated increase in the demand for health care services, exacerbated by the pandemic. By having clear standards and expectations, health care providers, including those in Ontario Health Teams (OHTs), will be better able to provide patients with their PHI in an easily consumed digital format and in a manner that is consistent across providers. Making access to personal health information and thereby the provision of health care more expedient is an important component of supporting health care capacity in this pandemic recovery.
Ontario Health (OH), as the provincial body responsible for interoperability and digital health standards, would be best positioned to lead the development of these prescribed electronic standards. Currently, PHIPA does not authorize OH to set the electronic formats in which patients may access their personal health information.
This legislative amendment would expand the regulation-making power to authorize OH to set the standards to ensure that patients have electronic access to their health records, especially during a time when health care providers are experiencing capacity challenges as a result of an anticipated increase in the demand for health care services, exacerbated by the pandemic. By having clear standards and expectations, health care providers, including those in Ontario Health Teams (OHTs), will be better able to provide patients with their PHI in an easily consumed digital format and in a manner that is consistent across providers. Making access to personal health information and thereby the provision of health care more expedient is an important component of supporting health care capacity in this pandemic recovery.
Contact Address:
Digital Health Program Branch
Digital Health Division
Ministry of Health
1075 Bay St., 12th floor
Toronto, ON M5S 2B1
Email: digitalhealthdivision@ontario.ca
Digital Health Division
Ministry of Health
1075 Bay St., 12th floor
Toronto, ON M5S 2B1
Email: digitalhealthdivision@ontario.ca
Royal Assent Date:
April 14, 2022
Decision:
Approved