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Personal Health Information Access and Privacy Legislation - Task Force Consultations

Personal Health Information Access and Privacy Legislation - Task Force Consultations. Miramichi Regional Health Authority. June 22, 2007 Wharf Inn. OVERVIEW. Historical Perspective New Legislative Requirement Our New Philosophy Conclusions and Outcomes.

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Personal Health Information Access and Privacy Legislation - Task Force Consultations

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  1. Personal Health InformationAccess and Privacy Legislation - Task Force Consultations Miramichi Regional Health Authority June 22, 2007 Wharf Inn

  2. OVERVIEW • Historical Perspective • New Legislative Requirement • Our New Philosophy • Conclusions and Outcomes

  3. “Whatsoever I shall see or hear in the course of my profession.... if it be what should not be published abroad, I will never divulge......” - Hippocratic Oath

  4. HISTORICAL PERSPECTIVE • Articulated in International Law (Universal Declaration of Human Rights, Article 12, 1948) • International Covenant on Civil and Political Rights (1966) • Charter of Rights and Freedoms (section 7 & 8, 1982)

  5. The Charter set the stage for subsequent, more specific legislation (Federal and Provincial)

  6. NEW LEGISLATIVE REQUIREMENTS • Personal Information Protection and Electronic Documents Act (PIPEDA) • Hospital Act • Regional Health Authorities Act • Protection of Personal Information Act - All of these prompted MRHA to revamp its privacy/confidentiality policies

  7. P.O.P.I.A. – As a Driving Force • Proclaimed in April 2001 • Statutory Code of Practice • Need for Revamping of How We Handle Personal Information • Working Group Formed Provincially; Ad Hoc’s formed Regionally

  8. GUIDING PRICIPLES OF P.O.P.I.A. • Accountability • Identify Purpose of Collection • Consent • Limitation of Collection • Limiting Use, Disclosure and Retention • Accuracy • Safeguards • Openness • Individual Access • Challenges to Compliance

  9. AD HOC GROUP’S IMMEDIATE FOCUS • Updating Confidentiality Policy to Coordinate with: • Patient’s Expectations • Statutory Requirements

  10. OUR NEW PHILOSOPHY What is Necessitated by Our Oath of Confidentiality: • Nature of patient illness, its cause and treatments • Anything disclosed by the patient in confidence • Everything the healthcare provider learns from any examination of the patient • The reactions of the patient and his/her conduct Continued....

  11. OUR NEW PHILOSPHY (continued) • The patient’s financial state, domestic life and personal information • All information relative to: • Human Resources or Occupational Health Record • Financial Information • Medical Records • Material from Committee Work Continued....

  12. OUR NEW PHILOSPHY (continued) • Who is Responsible? • How Do We Report? • Paper and Electronic Information?

  13. AUDITING • Electronic Trail • “Need to Know” • Accountability and Ethics

  14. VULNERABILITIES FROM BREACHES • Loss of Public Faith and Diminished Reputation • Potential Discipline (up to dismissal) • Litigation

  15. CONCLUSION AND OUTCOMES • Review Revised Policy: • Confidentiality (ADM-9-125-01) • Breach of Confidentiality (ADM-9-126) • Golden Rule • Ask Questions • Cornerstone of Care

  16. Personal Health InformationAccess and Privacy Legislation - Task Force Consultations Miramichi Regional Health Authority June 22, 2007 Wharf Inn

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