Regulation amendment under the Personal Health Information Protection Act, 2004 - clarifying eHealth Ontario's authority to create Electronic Health Records.
Regulation - LGIC
Bill or Act:
Personal Health Information Protection Act, 2004
Summary of Decision:
The Ministry of Health and Long-Term Care was approved to amend O. Reg. 329/04 under the Personal Health Information Protection Act, 2004. The approved regulation amendment will:
- Clarify that eHealth Ontario has the authority as a Health Information Network Provider (HINP) to create and maintain Electronic Health Records, subject to eHealth Ontario complying with detailed and specific privacy requirements;
- Define that authority as including the ability to integrate personal health information, conduct data quality assurance tests, and conduct analyses to provide alerts and reminders to Health Information Custodians in respect of their patients; and
- Define "Electronic Health Record" to mean a record of personal health information created or maintained in electronic form by eHealth Ontario to enable Health Information Custodians to use electronic means to disclose personal health information to one another for the purpose of providing or assisting in the provision of health care to the individual whose personal health information is contained in the record.
The regulation amendment expires on December 31, 2013.
March 14, 2011
Summary of Proposal:
The proposed regulation amendment under PHIPA would clarify that in its current role as a Health Information Network Provider, eHealth Ontario can create and maintain Electronic Health Records as a service for Health Information Custodians. The amendment would define "creating or maintaining" Electronic Health Records as including the integration, management and servicing of those records. The regulation describes two examples of such services: conducting data quality assurance tests on the personal health information provided by Health Information Custodians, and conducting analyses of that information in order to provide alerts and reminders to Health Information Custodians for their use in providing health care to their patients.
The proposed amendment would require eHealth Ontario to put in place administrative, technical and physical safeguards, practices and procedures that have been reviewed by the Ontario Information and Privacy Commissioner, and to comply with detailed and specific privacy and security requirements, when creating or maintaining Electronic Health Records.
The proposed regulation amendment would expire on December 31, 2013.
Health System Information Management and Investment Division
Ministry of Health and Long-Term Care
1075 Bay Street, 13th Floor
Toronto ON M5S 2B1
Fax: (416) 314-6731
June 30, 2011