O. Reg. 394/22: GENERAL
filed April 20, 2022 under Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A
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made under the
Personal Health Information Protection Act, 2004
Made: April 14, 2022
Filed: April 20, 2022
Published on e-Laws: April 20, 2022
Printed in The Ontario Gazette: May 7, 2022
Amending O. Reg. 329/04
(GENERAL)
1. (1) Ontario Regulation 329/04 is amended by adding the following sections:
Application of s. 51 (5) of the Act
18.1.1 (1) This section applies to the Agency when it is acting as the prescribed organization under subsection 51 (5) of the Act.
(2) The Agency,
(a) is not required to consider the factors described in section 52 of the Act, but shall ensure that the health information custodian that provided the personal health information has been notified that the Agency may provide access to the record of personal health information pursuant to Part V of the Act and, if the custodian does not identify a reason to refuse access under section 52 of the Act, shall provide access in accordance with Part V of the Act and this section;
(b) is not required to comply with the requirements under section 55 of the Act; and
(c) when applying paragraph 2 of subsection 51 (5) of the Act with respect to the electronic records described in paragraph 4 of section 55.3 of the Act, is only required to provide a summary of the information contained in the electronic records, and is not required to provide access to the actual record.
(3) For the purposes of applying paragraph 1 of subsection 51 (5) of the Act,
(a) the Agency is not required to act as if it were a health information custodian with respect to records derived from the Provincial Client Registry or a successor repository; and
(b) the Agency is only required to act as if it were a health information custodian with respect to the records accessible by means of the electronic health record that are described in subclauses (i) to (iv), and is only required to act as if it were a health information custodian,
(i) on and after the day this section comes into force, with respect to records that are derived from the Ontario Laboratories Information System or a successor repository,
(ii) on and after December 31, 2022, with respect to records that are derived from the Digital Health Drug Repository or a successor repository,
(iii) on and after March 31, 2023, with respect to records that are derived from the Diagnostic Imaging-Common Service or a successor repository, and is not required to act as if it were a health information custodian with respect to information contributed to that repository before that date, and
(iv) on and after September 30, 2023, with respect to records that are derived from the Acute and Community Clinical Data Repository or a successor repository, and is not required to act as if it were a health information custodian with respect to information contributed to that Repository before that date.
(4) The Agency,
(a) is only required to respond to requests for access to personal health information that are made through a digital means of access specified by the Agency; and
(b) is only required to provide access to personal health information through a digital means of access specified by the Agency.
(5) The Agency shall make a digital means of access mentioned in subsection (4) available to individuals in accordance with the timelines described in clause (3) (b) and is not required to comply with the requirements under subsection 54 (2) of the Act until the applicable dates described in that clause.
(6) For the purposes of clause (2) (a), the Agency is permitted to establish reasons for refusal of access through prior arrangements with health information custodians, and for an entire class or category of records.
Application of s. 51 (6) of the Act
18.1.2 For the purposes of applying subsection 51 (6) of the Act, a health information custodian is only required to provide a summary of the information contained in the records described in that subsection, if the information is available, and is not required to provide access to the actual record.
(2) The Regulation is amended by adding the following section:
Information from hospitals
18.1.3 (1) Every hospital within the meaning of the Public Hospitals Act shall provide to the Agency for the electronic health record personal health information contained in a digital health asset,
(a) as requested by the Agency; and
(b) in accordance with the interoperability specifications of the Agency.
(2) In this section,
“digital health asset” has the same meaning as in section 26 of this Regulation; (“actif de soins de santé numérique”)
“electronic health record” has the same meaning as in section 55.1 of the Act; (“dossier de santé électronique”)
“interoperability specification” has the same meaning as in section 26 of this Regulation. (“spécification d’interopérabilité”)
Commencement
2. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Subsection 1 (2) comes into force on the later of July 1, 2022 and the day this Regulation is filed.
(3) Subsection 1 (1) comes into force on the later of the day subsection 1 (10) of Schedule 1 to the Health Information Protection Act, 2016 comes into force and the day this Regulation is filed.